The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 (the “Temporary Use Regulations”).

Regulation 2 amends regulations 3 and 7 of the Temporary Use Regulations on account of the adoption of Regulation (EC) No. 1072/2009 of the European Parliament and of the Council on common rules for access to the international road haulage market.

Articles 8 and 9 of Regulation (EC) No. 1072/2009 (rules concerning goods vehicle cabotage) come into force on 14th May 2010 and the remaining provisions on 4th December 2011, when Council Regulation (EEC) No. 3118/93, laying down conditions under which non-resident carriers may operate national road haulage services within a Member State, is repealed. In the interim, articles 8 and 9 will co-exist with Regulation (EEC) No. 3118/93. Regulation 2(1),(2) and (3) amends the Temporary Use Regulations from 14th May 2010 to take account of these changes in the transitional period.

Council Regulation (EEC) No. 881/92 will also be repealed on 4th December 2011 by Article 18 of Regulation (EC) No. 1072/2009. The definition of “international carriage” in Article 2(2) of Regulation (EC) No. 1072/2009 will then apply. Regulation 2(4) and (5) provides for these changes and therefore comes into force on 4th December 2011.

By virtue of regulation 1, the amendments made by regulation 2(2) will be replaced, with effect from 4th December 2011, by those made by regulation 2(4). Regulation 2(2) substitutes a new reference to the EU rules concerning goods vehicle cabotage, referring to cabotage conducted in accordance with Regulation (EEC) No. 3118/93 as it has effect with Regulation (EC) No. 1072/2009. Regulation 2(4) will replace this with a provision referring to the 2009 Regulation alone.

Regulation 3 substitutes regulation 29 of the Temporary Use Regulations. Regulation 29 exempted operators of Turkish goods vehicles used temporarily in Great Britain on international journeys from the requirement to hold an operator’s licence, under section 2(1) of the Goods Vehicles (Licensing of Operators) Act 1995, provided the goods being carried fell into one of a number of specified classes and provided a permit was held. The substitution made by regulation 3 removes the requirement for a permit and removes the restrictions on the types of goods that may be carried. This change gives effect to a bilateral Agreement between the UK and Turkey signed in Ankara on 20th May 2009(1) which itself amended the Agreement signed on 9th September 1977 between the UK and Turkey concerning International Road Transport(2).

An impact assessment has not been produced for this instrument as the only impact foreseen on the private or voluntary sectors is minimal savings to them. An explanatory memorandum is available alongside this instrument on the Office of Public Sector Information website at www.opsi.gov.uk.

(1)

Cm. 7820.

(2)

Cm. 7276.