The Trailer Registration Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Haulage Permits and Trailer Registration Act 2018 conferred powers on the Secretary of State to establish a registration scheme for trailers kept or used on roads and create offences relating to that scheme. These Regulations—

(a) specify the criteria and procedure for registration, the particulars to be provided and the registration fee (regulation 4);

(b) prohibit the keeping or use of unregistered trailers in certain categories on journeys to or through countries outside the United Kingdom that have ratified the 1968 Convention on Road Traffic (regulation 5);

(c) govern the issue, expiry, replacement and renewal of documents relating to the registration of a trailer (regulations 6, 7 and 9);

(d) specify the Secretary of State’s powers to ensure the accuracy of the register and impose a duty on registered keepers to notify the Secretary of State of inaccuracies (regulation 8);

(e) impose a duty on registered keepers to notify the Secretary of State of the disposal of a registered trailer and set out how a new/subsequent keeper may become the registered keeper (regulation 10);

(f) require that information, etc., provided to the Secretary of State in pursuance of these Regulations is provided via a digital service, with specified exceptions (regulation 11);

(g) authorise examiners and stopping officers to require the production of a trailer registration document (regulation 12);

(h) provide for inspections of trailers and matters related to the outcomes of such inspections (regulations 13 and 14);

(i) require the Secretary of State to assign a registration mark (more commonly known as a registration number) to a registered trailer and allow for marks to be reassigned or withdrawn (regulation 15);

(j) specify the shape, size and spacing of the characters in the registration mark and the physical characteristics and placement of the registration plate that bears the mark, and impose a duty to fix a plate on a registered trailer (regulations 16 and 17 and Schedule 2);

(k) amend the Road Vehicles Lighting Regulations 1989 and the Vehicles Crime (Registration of Registration Plate Suppliers) Regulations 2008 to accommodate the introduction of the trailer registration scheme (regulation 18 and Schedule 3);

(l) create offences and provide appropriate defences relating to breaches of specified regulations (regulation 19), the keeping or use of an incorrectly registered trailer (regulation 20), the obscuring of registration marks (regulation 21), the obstruction or impersonation of a person entitled to carry out an inspection of a trailer (regulation 22) and providing false or misleading information, documents or declarations (regulation 23);

(m) permit a chief officer of police or the Secretary of State to require a person to identify a person suspected of a specified offence relating to the keeping or use of a trailer, or provide information that may lead to the identification of the suspected person, and create an offence of failing to do so (regulation 24);

(n) provide that any offence created under these Regulations is punishable by a maximum of a level 3 fine on summary conviction (regulation 25);

(o) allow for admissions and records held by the Secretary of State in relation to these Regulations to be admissible in legal proceedings (regulations 26 and 27); and

(p) require the Secretary of State to carry out a review of these Regulations from time to time (regulation 3).

The 1968 Vienna Convention on Road Traffic established common standards and rules for drivers and vehicles in international road traffic. Among other things, it permits a contracting party to refuse to admit an unregistered trailer to its territory. The Convention was ratified by the United Kingdom in March 2018 and comes into force for the United Kingdom on 28th March 2019. It is available at https://www.gov.uk/government/publications/ms-no12018-convention-on-road-traffic-as-amended and can be viewed by appointment at the Parliamentary Archives, Houses of Parliament, London, SW1A 0PW ([e-mail]; 020 7219 3074).

Regulation 1(2) and Schedule 1 provide for the provisions in these Regulations to come into force on different dates. The provisions that are necessary to process registration applications and issue registration documents, along with closely related matters, will come into force on the day after these Regulations are made. The duties on registered keepers, such as notifying the Secretary of State of inaccuracies in the register, will come into force 21 days after the day on which these Regulations are made. This will enable registration applications to begin as soon as possible while providing those potentially affected with a reasonable period of time to adjust to the new duties.

The provisions relating to the roadside enforcement of the registration scheme will come into force on 28th March 2019, the same date as the Convention comes into force for the United Kingdom. From this date, using unregistered trailers in certain categories on journeys to or through foreign countries that have ratified the Convention will be prohibited, registration marks must be displayed on registered trailers and the users of registered trailers may be required to produce registration documents.

Part 3 (registration marks and plates) of this instrument and Schedule 2 contain technical standards as defined by the Technical Standards and Regulations Directive (2015/1535/EU; OJ No. L 241, 17.9.2015, p.1). The appropriate notification was sent to the European Commission in May 2018 and no comments were made during the three month standstill period.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on the UK Legislation website www.legislation.gov.uk. The impact assessment is also available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR (0300 330 3000).