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The Road Transport (International Passenger Services) (Amendment) Regulations 2024

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Part 1Introductory provisions

Citation and commencement

1.—(1) These Regulations may be cited as the Road Transport (International Passenger Services) (Amendment) Regulations 2024.

(2) These Regulations come into force on 1st April 2025.

Extent

2.—(1) Part 2 extends to England and Wales and Scotland only.

(2) Part 3 extends to Northern Ireland only.

(3) Otherwise, these Regulations extend to England and Wales, Scotland and Northern Ireland.

Part 2Amendments in relation to Great Britain

Amendment of the Road Transport (International Passenger Services) Regulations 2018

3.—(1) The Road Transport (International Passenger Services) Regulations 2018(1) are amended as follows.

(2) In regulation 3 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “Interbus”, substitute—

Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020(2);;

(ii)after the definition of “Regulation 1071/2009”, insert—

RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement(3), together with—

(a)

Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and

(b)

Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;

RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus(4);

Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;;

(iii)omit the definition of “Regulation 1073/2009”;

(b)in paragraph (2), for “Regulation 1073/2009 and Interbus”, substitute “the RPT Chapter, Interbus and the RSR Protocol”;

(c)in paragraph (3), for “Regulation 1073/2009 or Interbus”, substitute “the RPT Chapter, Interbus or the RSR Protocol”.

(3) After regulation 3, insert—

Status of international agreements

3A.(1) The road passenger transport agreements, in their English language version, form part of domestic law on and after 1st April 2025.

(2) Any enactment has effect on and after 1st April 2025 with such modifications as—

(a)are required in consequence of paragraph (1) or otherwise for the purposes of implementing the road passenger transport agreements, and

(b)are capable of being ascertained from the agreements or otherwise from the Trade and Cooperation Agreement, as it has effect on that date.

(3) Paragraphs (1) and (2)—

(a)are subject to any equivalent or other provision—

(i)which (whether before, on or after 1st April 2025) is made by or under the European Union (Future Relationship) Act 2020 or any other enactment or otherwise forms part of domestic law, and

(ii)which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement or any other future relationship agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020), and

(b)do not limit the scope of any power which is capable of being exercised to make any such provision.

(4) For the purposes of this regulation—

(a)the road passenger transport agreements are the following, as they have effect on 1st April 2025—

(i)the RPT Chapter,

(ii)Interbus, and

(iii)the RSR Protocol;

(b)references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.

(5) In this regulation “domestic law” means the law of—

(a)England and Wales, and

(b)Scotland..

(4) For regulation 4 (other than the heading) (competent authorities), substitute—

4.(1) The competent authority is—

(a)for the purposes mentioned in paragraph (2), the Secretary of State; and

(b)for the purposes mentioned in paragraph (3), the Confederation of Passenger Transport.

(2) The purposes mentioned in paragraph (1)(a) are these Regulations and—

(a)non-liberalised occasional services to which Articles 15 and 16 of Interbus apply where the point of departure is in Great Britain;

(b)regular and special regular services to which—

(i)Articles 477, 479, 480 and 481 of the RPT Chapter apply; and

(ii)Articles 8 to 12 of the RSR Protocol apply;

for transport operators established in Great Britain.

(3) The purposes mentioned in paragraph (1)(b) are—

(a)the issue of control documents to transport operators established in Great Britain for the purposes of Article 10 of Interbus for occasional services exempted from authorisation as set out in Annex 3 of Interbus; and

(b)occasional services outside the scope of Interbus but falling within Article 475 of the RPT Chapter where the point of departure is in Great Britain.

(4) It is the duty of the competent authority to perform the functions conferred on the competent authority by the provisions specified in paragraph (2) or (3) as appropriate..

(5) In regulation 5 (use of a public service vehicle not registered in the United Kingdom), for paragraph (1)(b) substitute—

(b)the RSR Protocol for the provision of regular services or special regular services, or

(c)the RPT Chapter for the provision of occasional services, regular services or special regular services outside the scope of Interbus and the RSR Protocol..

(6) In regulation 6 (use of a public service vehicle for regular, special regular or cabotage services for international operations)—

(a)in the heading to the regulation, for “, special regular or cabotage” substitute “or special regular”;

(b)for paragraph (1), substitute—

(1) This regulation applies to a vehicle which is registered in a member State, an EEA State or an Interbus State, and which is being used in Great Britain in accordance with the RSR Protocol or the RPT Chapter for the provision of—

(a)regular services, or

(b)special regular services.;

(c)after paragraph (2) insert—

(3) In this regulation “Interbus State” has the same meaning as in regulation 5..

(7) In regulation 7 (fees)—

(a)in paragraph (1)—

(i)for “control document”, substitute “relevant document”;

(ii)after “is made”, insert “to the Confederation of Passenger Transport”;

(b)in paragraph (2)—

(i)for “an authorisation”, substitute “a relevant document”;

(ii)after “is made”, insert “to the Secretary of State”;

(c)after paragraph (3), insert—

(4) In this regulation “relevant document” means—

(a)a control document,

(b)an authorisation,

(c)a journey form, or

(d)a waybill..

(8) In regulation 12(1) (supply of information), for the words from “Article 7(3)” to the end, substitute—

(a)Article 9(3) of the RSR Protocol; or

(b)Article 478(3) of the RPT Chapter..

(9) In regulation 13(1) (power to stop), for sub-paragraph (a), substitute—

(a)an operator’s licence for the international carriage of passengers by road,.

(10) For regulation 16(1) (offences), substitute—

(1) A person is guilty of an offence if that person breaches a provision of—

(a)Interbus set out in Schedule 2;

(b)the RSR Protocol set out in Schedule 3; or

(c)the RPT Chapter set out in Schedule 4..

(11) Omit Schedule 1 (offences for breach of Regulation 1073/2009).

(12) Schedule 1 inserts into the Regulations a new Schedule 3 (offences for breach of the RSR Protocol) and a new Schedule 4 (offences for breach of the RPT Chapter).

Amendment of the Road Traffic (Foreign Vehicles) Act 1972

4.—(1) The Road Traffic (Foreign Vehicles) Act 1972(5) is amended as follows.

(2) In Schedule 1(6) (provisions conferring functions on examiners)—

(a)omit the entry relating to Article 4(3) of Regulation (EC) No 1073/2009;

(b)after the entry relating to Article 20 of the Interbus Agreement, insert—

Article 8(9) of the Protocol to the Interbus Agreement regarding the international regular and special regular carriage of passengers by coach and bus (“the RSR Protocol”)To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator.
Article 15 of the RSR ProtocolTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.
Article 477(8) of Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020) (“the RPT Chapter”)To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator.
Article 483 of the RPT ChapterTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles..

(3) In Schedule 2(7) (provisions relating to vehicles and their drivers)—

(a)omit the entry relating to Article 4(3) of Regulation (EC) No 1073/2009;

(b)omit the entry relating to Article 17(1) of Regulation (EC) No 1073/2009;

(c)after the entry relating to regulation 4 of the Goods Vehicles (Community Licences) Regulations 2011, insert—

Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus (“the Interbus Agreement”)To require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles.
Article 20 of the Interbus AgreementTo require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles.
Article 8(9) of the Protocol to the Interbus Agreement regarding the international regular and special regular carriage of passengers by coach and bus (“the RSR Protocol”)To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator.
Article 15 of the RSR ProtocolTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.
Article 477(8) of Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020) (“the RPT Chapter”)To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator.
Article 483 of the RPT ChapterTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles..

Consequential amendment of the Motor Vehicles (International Circulation) Order 1975

5.—(1) The Motor Vehicles (International Circulation) Order 1975(8) is amended as follows.

(2) In article 5(2)(b)(i), after “scope of” insert “either the Road Transport (International Passenger Services) Regulations 2018 or”.

Consequential amendment of the Public Passenger Vehicles Act 1981

6.—(1) The Public Passenger Vehicles Act 1981(9) is amended as follows.

(2) In section 65 (forgery and misuse of documents etc), in subsection (1)(ea)(10) for the words from “under Article 12(4)” to the end substitute “in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018 (S.I. 2018/1395);”.

(3) In section 66 (false statements to obtain licence etc), in paragraph (f)(11) for the words from “under Article 12(4)” to the end substitute “in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018;”.

(4) In section 82 (general interpretation provisions) (12), omit the definition of “Regulation (EC) No 1073/2009”.

Part 3Amendments in relation to Northern Ireland

Amendment of the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019

7.—(1) The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019(13) are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “Interbus”, substitute—

Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020(14);;

(ii)after the definition of “Regulation 1071/2009”, insert—

RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement(15), together with—

(a)

Annexes 32, 33 and 34 to the Trade and Cooperation Agreement, and

(b)

Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;

RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus(16);

Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;;

(iii)omit the definition of “Regulation 1073/2009”;

(b)in paragraph (2), for “Regulation 1073/2009 and Interbus”, substitute “the RPT Chapter, Interbus and the RSR Protocol”;

(c)in paragraph (3), for “Regulation 1073/2009 or Interbus”, substitute “the RPT Chapter, Interbus or the RSR Protocol”.

(3) After regulation 2, insert—

Status of International Agreements

2A.(1) The road passenger transport agreements, in their English language version, form part of the law of Northern Ireland on and after 1st April 2025.

(2) Any statutory provision has effect on and after 1st April 2025 with such modifications as—

(a)are required in consequence of paragraph (1) or otherwise for the purposes of implementing the road passenger transport agreements, and

(b)are capable of being ascertained from the agreements or otherwise from the Trade and Cooperation Agreement, as it has effect on that date.

(3) Paragraphs (1) and (2)—

(a)are subject to any equivalent or other provision—

(i)which (whether before, on or after 1st April 2025) is made by or under the European Union (Future Relationship) Act 2020 or any other statutory provision or otherwise forms part of the law of Northern Ireland, and

(ii)which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement or any other future relationship agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020), and

(b)do not limit the scope of any power which is capable of being exercised to make any such provision.

(4) For the purposes of this regulation—

(a)the road passenger transport agreements are the following, as they have effect on 1st April 2025—

(i)the RPT Chapter,

(ii)Interbus, and

(iii)the RSR Protocol;

(b)references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation..

(4) In regulation 3 (competent authority)—

(a)the existing text becomes paragraph (1);

(b)in paragraph (1), for “Regulation 1073/2009, Interbus”, substitute “the RPT Chapter, Interbus, the RSR Protocol”;

(c)after paragraph (1) insert—

(2) It is the duty of the Department to perform the functions conferred on the competent authority by the provisions specified in paragraph (1)..

(5) In regulation 4 (use of a public service vehicle not registered in the United Kingdom)—

(a)at the end of paragraph (1)(a), omit “or”; and

(b)for paragraph (1)(b), substitute—

(b)the RSR Protocol for the provision of regular services or special regular services; or

(c)the RPT Chapter for the provision of occasional services, regular services or special regular services outside the scope of Interbus and the RSR Protocol..

(6) In regulation 10(1) (supply of information), for the words from “Article 7(3)” to the end, substitute—

(a)Article 9(3) of the RSR Protocol; or

(b)Article 478(3) of the RPT Chapter..

(7) In regulation 11(1) (power to stop), for sub-paragraph (a) substitute—

(a)an operator’s licence for the international carriage of passengers by road,;

(8) For regulation 16(1) (offences), substitute—

(1) A person is guilty of an offence if that person breaches a provision of—

(a)Interbus set out in Schedule 2;

(b)the RSR Protocol set out in Schedule 3; or

(c)the RPT Chapter set out in Schedule 4..

(9) In regulation 18 (penalties)—

(a)omit paragraph (1);

(b)in paragraph (2), for “any other” substitute “an”.

(10) Omit Schedule 1 (offences for breach of Regulation 1073/2009).

(11) Schedule 2 inserts into the Regulations a new Schedule 3 (offences for breach of the RSR Protocol) and a new Schedule 4 (offences for breach of the RPT Chapter).

Amendment of the Transport Act (Northern Ireland) 1967

8.—(1) The Transport Act (Northern Ireland) 1967(17) is amended as follows.

(2) In section 34 (forgery of licences)(18)—

(a)in paragraph (a), for “a control document issued under Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”, substitute “an authorisation or a control document issued under Interbus, the RSR Protocol or the RPT Chapter”;

(b)in paragraph (b), for “or control document” substitute “, authorisation or control document”.

(3) In section 35(f) (false statements)(19), for “a control document under Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”, substitute “an authorisation or a control document under Interbus, the RSR Protocol or the RPT Chapter”.

(4) In section 81(1) (interpretation)(20)—

(a)omit the definition of “Regulation (EC) No 1073/2009”;

(b)after the definition of “the Holding Company”, insert—

Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;;

(c)after the definition of “road authority”, insert—

RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—

(a)

Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and

(b)

Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;

RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;;

(d)after the definition of “subsidiary”, insert—

Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;.

Amendment of the Road Traffic (Northern Ireland) Order 1981

9.—(1) The Road Traffic (Northern Ireland) Order 1981(21) is amended as follows.

(2) In Article 2(2) (interpretation)(22)—

(a)after the definition of “inspector of vehicles” insert—

Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;;

(b)after the definition of “the Road Traffic Orders”, insert—

RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—

(a)

Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and

(b)

Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;

RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;;

(c)after the definition of “the test”, insert—

Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;.

(3) In Schedule 1 (statutory provisions conferring functions on authorised officers)(23)—

(a)omit the entry relating to Article 4(3) of Regulation (EC) No. 1073/2009;

(b)omit the entry relating to Article 17(1) of Regulation (EC) No. 1073/2009;

(c)in the entry relating to Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus, for the words from “the Agreement” to “p.13)” substitute “Interbus”;

(d)in the entry relating to Article 20 of the Interbus Agreement, for the words from “the Agreement” to “Agreement)” substitute “Interbus”;

(e)after that entry, insert—

Article 8(9) of the RSR ProtocolTo require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator.
Article 15 of the RSR ProtocolTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.
Article 477(8) of the RPT ChapterTo require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles where the vehicles are additional vehicles used by the operator.
Article 483 of the RPT ChapterTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.;

(4) In Schedule 2 (statutory provisions relating to vehicles and their drivers)(24)—

(a)omit the entry relating to Article 4(3) of Regulation (EC) No 1073/2009;

(b)omit the entry relating to Article 17(1) of Regulation (EC) No 1073/2009; and

(c)after the entry relating to regulation 3 of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013, insert—

Article 18 of InterbusTo require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles.
Article 20 of InterbusTo require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles.
Article 8(9) of the RSR ProtocolTo require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator.
Article 15 of the RSR ProtocolTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.
Article 477(8) of the RPT ChapterTo require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator.
Article 483 of the RPT ChapterTo require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles..

Part 4Consequential provisions

Amendment of Regulation (EC) No 1071/2009

10.—(1) Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator(25) is amended as follows.

(2) In Article 2 (definitions)(26), after paragraph 12, insert—

13.  PSV Operator’s licence” means a licence issued under section 12 of the Public Passenger Vehicles Act 1981.

14.  Bus operator’s licence” means a licence issued under section 4 of the Transport Act (Northern Ireland) 1967(27).

(3) In paragraph 5 of Annex 4 (most serious infringements for the purposes of Article 6(2)(a)), at the end, insert “, a valid PSV Operator’s licence, a valid bus operator’s licence or a valid operator’s licence for international carriage of passengers by road”.

Revocations

11.—(1) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006(28) is revoked.

(2) Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98(29) is revoked.

We consent

Anna Turley

Jeff Smith

Two of the Lords Commissioners of His Majesty's Treasury

17th December 2024

Signed on authority of the Secretary of State for Transport

Lilian Greenwood

Parliamentary Under Secretary of State

Department for Transport

18th December 2024

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