The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996

Made: 22nd August 1996

Laid before Parliament: 29th August 1996

Coming into force: 26th September 1996

The Secretary of State for Transport, in exercise of the powers conferred by sections 57(1), (2), (6), (7) and (8) of the Goods Vehicles (Licensing of Operators) Act 1995[^f00001] and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 57(12) of that Act, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 and shall come into force on 26th September 1996.

Revocation

2

The Regulations listed in column (1) of Schedule 1 to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule.

Interpretation

3

• (1) In these Regulations—

• “the Act” means the Goods Vehicles (Licensing of Operators) Act 1995;

• “Euro V standards on emissions” means the emissions limit values set out in row B2 and row C of each of the tables in Section 6.2.1 of Annex I to Directive 2005/55/EC of the European Parliament and Council of 28 September 2005;

• “Euro VI standards on emissions” means the emissions limit values set out in Annex I to Regulation 595/2009 of the European Parliament and Council of 18 June 2009 as amended;

• ...

• ...

• “foreign goods vehicle” means a goods vehicle—which is operated by a person who is not established in the United Kingdom and has been brought temporarily into Great Britain;which is not being used for international carriage by a haulier who is established in a Member State other than the United Kingdom;which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom; andwhich, (except in the case of use in a cabotage operation permitted under Regulation (EC) No. 1072/2009) , is not used at any time during the said journey for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom;

• “international carriage” has the meaning which it bears in Article 2 of Regulation (EC) No. 1072/2009;

• “loading” includes attaching to a drawing vehicle a trailer which has been loaded with goods before it is so attached, and “loaded” shall be construed accordingly;

• “Northern Ireland goods vehicles” means a goods vehicle of which the operating centre is in Northern Ireland and—which has been brought temporarily into Great Britain;which is not being used for international carriage by a haulier who is established in Northern Ireland and is not established in Great Britain;which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside Great Britain; andwhich—in the case of a motor vehicle, is registered in Northern Ireland or Great Britain; orin the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Northern Ireland goods vehicle; ...

• “Regulation (EC) No. 1072/2009” means Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21st October 2009 on common rules for access to the international road haulage market; and

• “relief vehicle” means a vehicle used for transporting goods which is sent to replace a vehicle which has broken down, and which continues the haul under cover of the licence, permit, or other document issued for the vehicle which has broken down.

• (2) For the purposes of these Regulations—

• (a) the permissible laden weight and the permissible pay load of a vehicle shall be determined by reference to the law of the country where the vehicle is registered or, in the case of a trailer which is not registered, by reference to the law of the country where the drawing vehicle is registered; and

• (b) a combination of a motor vehicle drawing a trailer shall be treated, for the purpose of determining the permissible laden weight or the permissible pay load, as the case may be, as a single vehicle.

• (3) In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations.

Exemptions for foreign vehicles used for certain purposes

4

Notwithstanding anything in regulations 8 to 30N, section 2(1) of the Act (Users of certain goods vehicles to hold operators’ licences) shall not apply to the use in Great Britain of a foreign goods vehicle for the carriage of any goods specified in paragraph 1, 2, 4, 5, 6, 7 or 8 of Schedule 2.

Exemptions for Northern Ireland or foreign goods vehicles used for the carriage of goods between Member States of the European Community

5

Notwithstanding anything in regulations 8 to 30N, section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle for the carriage of goods between Member States of the European Community—

• (a) where the vehicle is—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) a motor vehicle, or trailer drawn by a foreign goods vehicle, having a permissible laden weight not exceeding 6 metric tons or a permissible pay load not exceeding 3.5 metric tons; or

• (iii) a relief vehicle; or

• (b) where the goods so carried are those specified in paragraphs 9, 16, 17, 18, 20, 21, 26 or 28 of Schedule 2; or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) where the goods are being carried for or in connection with any trade or business carried on by the undertaking carrying them and each of the following conditions are fulfilled:—

• (i) the goods are the property of the undertaking carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that undertaking;

• (ii) the purpose of the journey is to carry the goods to or from the undertaking carrying them or to move them either inside that undertaking, or outside for that undertaking’s own requirements;

• (iii) the vehicle used for such carriage is being driven by an employee of the undertaking;

• (iv) except in the case of a replacement vehicle during a short breakdown of the vehicle normally used, the vehicle used for carrying the goods is owned by the undertaking carrying them or has been bought by it on deferred terms or hired in accordance with the conditions on the use of vehicles hired without drivers for the carriage of goods by road contained in Council Directive (EEC) No. 84/647[^f00007]

Exemption for Northern Ireland or foreign goods vehicles with international licences

6

Notwithstanding anything in regulations 8 to 30N, section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland ... goods vehicle , or other goods vehicle whose operator’s State of establishment is not the United Kingdom, for the carriage of goods for hire or reward if the vehicle is being used by virtue of a licence issued pursuant to the scheme adopted by Resolution of the Council of Ministers of Transport on 14th June 1973[^f00008] and the licence is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn.

Exemption for foreign goods vehicles with Community cabotage authorisations and for Northern Ireland goods vehicles carrying goods in Great Britain or between Northern Ireland and Great Britain

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• (1) Notwithstanding anything in regulations 8 to 30N, section 2(1) of the Act shall not apply in the case of a foreign goods vehicle being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in Great Britain in accordance with the provisions of Regulation (EC) No. 1072/2009.

• (2) Section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland goods vehicle for the carriage of goods between places of loading or unloading in Great Britain or between one such place in Northern Ireland and another such place in Great Britain.

• (3) Section 2(1) of the Act shall not apply to the use of a foreign goods vehicle in Great Britain where that vehicle is being used in Great Britain to carry out a cabotage operation—

• (a) which consists of national carriage for hire or reward by a haulier;

• (b) where the vehicle has entered the United Kingdom lawfully in the course of a laden international road transport and no more than 14 days has elapsed beginning with the day on which the vehicle arrived in the United Kingdom in the course of that laden journey; and

• (c) the vehicle is being used at any time during the period beginning with 28th October 2021and ending with 30th April 2022.

Exemption for Albanian goods vehicles

8

• (1) In this regulation “Albanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Albania to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Albania.

• (2) Section 2(1) of the Act shall not apply to the use in Great Britain of an Albanian goods vehicle for the carriage of any goods.

Exemptions and modifications for Austrian goods vehicles

9

• (1) In this regulation “Austrian goods vehicle” means a foreign goods vehicle—

• (a) which, in the case of a motor vehicle, is owned by or operated by or on behalf of a person—

• (i) who is authorised under Austrian law to use that vehicle for the carriage of goods in the Republic of Austria; or

• (ii) who, if Austrian law permits him so to use that vehicle without being so authorised, uses that vehicle primarily or substantially for that purpose in that country; and

• (b) which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is an Austrian goods vehicle.

• (2) Section 2(1) of the Act shall not apply to the use in Great Britain of an Austrian goods vehicle for the carriage of any goods specified in paragraph 1, 2, 4, 5, 6, 7, 8, 9, 10, 15, 17, 18, 19, 20, 21, 24, 26 or 27 of Schedule 2.

• (3) Section 2(1) of the Act shall not apply to the use in Great Britain of an Austraian goods vehicle which is a vehicle specified in Schedule 3.

• (4) In relation to an Austrian goods vehicle used for the carriage of any goods, for or in connection with any trade or business carried on by the user of the vehicle, in a case to which neither of the preceding exemptions applies, section 2(1) of the Act shall have effect as set out in Schedule 4.

• (5) In relation to an Austrian goods vehicle used for the carriage of goods in a case to which neither of the preceding exemptions nor the preceding modification apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Bulgarian goods vehicles

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• (1) In this regulation “Bulgarian goods vehicle” means a foreign goods vehicle—

• (a) which, in the case of a motor vehicle, is registered in the Republic of Bulgaria; and

• (b) which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Bulgarian goods vehicle.

• (2) Section 2(1) of the Act shall not apply to the use in Great Britain of a Bulgarian goods vehicle for the carriage of any goods.

Exemption for Channel Islands goods vehicles

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• (1) In this regulation “Channel Islands goods vehicle” means a foreign goods vehicle—

• (a) which, in the case of a motor vehicle, is registered in the Channel Islands; and

• (b) which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Channel Islands goods vehicle.

• (2) Section 2(1) of the Act shall not apply to the use in Great Britain of a Channel Islands goods vehicle for the carriage of any goods.

Exemptions and modifications for Cypriot goods vehicles

12

• (1) In this regulation “Cypriot goods vehicle” means a foreign goods vehicle which is owned by, or operated by or on behalf of, a person who is authorised under the law of the Republic of Cyprus to use the vehicle in that country for the international carriage of goods, and which, in the case of a motor vehicle, is registered in the Republic of Cyprus.

• (2) Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle for the carriage of any goods specified in paragraph 1, 2, 3, 5, 9, 10, 16, 22, 23 or 24 of Schedule 2.

• (3) Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle specified in Schedule 3.

• (4) Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle which is a vehicle used for the recovery of a damaged vehicle.

• (5) In relation to a Cypriot goods vehicle used for the carriage of goods, for or in connection with any trade or business carried on by the user of the vehicle, in a case to which none of the preceding exemptions apply, section 2(1) of the Act shall have effect as if for the words from “(a) hire or reward” to the end of that subsection there were substituted the words

• for or in connection with any trade or business carried on by him unless there is carried on the vehicle or, if that vehicle is a trailer, on the motor vehicle by which it is drawn a document containing the following particulars:—the place at which and the date on which the document was made out;the name and address of the carrier and a description of the nature of his business;if the goods carried, or to be carried, or any of them, are to be collected from or delivered to, any person other than the carrier, the name and address of that person and a description of the nature of his business;the place or places at which the vehicle is to be loaded or unloaded;the nature and gross weight, or other indication of quantity, of the goods;the carrying capacity of the vehicle by weight;the index mark and registration number of the vehicle, or if the vehicle does not carry an index mark or any registration number, the chassis number of the vehicle;the place of entry of the vehicle into, or of exit from, the United Kingdom;the signature of the carrier or his authorised agent.

• (6) In relation to a Cypriot goods vehicle used for the carriage of goods in a case to which none of the preceding exemptions nor the preceding modification apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Czech goods vehicles

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• (1) In this regulation—

• “Czech goods vehicle” means a goods vehicle which—is owned or operated by a person who is authorised under the law of the Czech Republic to engage in the international carriage of goods by road for hire or reward or on his own account;in the case of a motor vehicle, is registered in the Czech Republic;has been temporarily brought into Great Britain; andis engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom.

• “relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Czech Republic on international road transport signed on 27th of May 1998 comes into force.

• (2) Where a Czech goods vehicle is not used at any time during the journey upon which it is engaged for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom—

• (a) regulations 4, 5, 6 and 7 shall apply to the Czech goods vehicle as they apply to a foreign goods vehicle; and

• (b) section 2(1) of the Act shall not apply to the use in Great Britain of the Czech goods vehicle for the carriage of any goods.

• (3) On and after the relevant date, where a Czech goods vehicle is used at any time for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Faroese goods vehicles

14

• (1) In this regulation “Faroese goods vehicle” means a foreign goods vehicle—

• (a) which, in the case of a motor vehicle, is registered in the Faroe Islands; and

• (b) which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Faroese goods vehicle.

• (2) Section 2(1) of the Act shall not apply to the use in Great Britain of a Faroese goods vehicle for the carriage of any goods.

Exemptions and modifications for Estonian goods vehicles

15

• (1) In this regulation—

• “Estonian goods vehicle” means a foreign goods vehicle—which, in the case of a motor vehicle, is registered in the Republic of Estonia; andwhich, in the case of a trailer, is owned by or operated by or on behalf of a person who under Estonian law is authorised to use that vehicle for the carriage of goods in the Republic of Estonia.

• “relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Republic of Estonia on international road transport signed on 16th August 1995[^f00010] comes into force.

• (2) On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of an Estonian goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9, 18, 20, 21, 22, 23 or 24 of Schedule 2 and in such a case these provisions shall have effect as if the words “or broken-down” were added after “damaged” in paragraph 5.

• (3) Section 2(1) of the Act shall not apply to the use in Great Britain of an Estonian goods vehicle specified in paragraph 1 of Schedule 3.