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

Interpretation E+W+S

3.—(1) In these Regulations—

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

“Community cabotage authorisation” means an authorisation granted pursuant to Council Regulation (EEC) No. 3118/93 of 25th October 1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State(1), as amended by Council Regulation (EC) No. 3315/94(2), and Commission Regulation (EC) No. 792/94(3);

“Council Regulation No. 881/92” means Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States(4);

“foreign goods vehicle” means a goods vehicle—

(a)

which is operated by a person who is not established in the United Kingdom and has been brought temporarily into Great Britain;

(b)

which is not being used for international carriage by a haulier who is established in a Member State other than the United Kingdom;

(c)

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; and

(d)

which, except in the case of use under a Community cabotage authorisation, 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 Council Regulation No. 881/92;

“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—

(a)

which has been brought temporarily into Great Britain;

(b)

which is not being used for international carriage by a haulier who is established in Northern Ireland and is not established in Great Britain;

(c)

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; and

(d)

which—

(i)

in the case of a motor vehicle, is registered in Northern Ireland or Great Britain; or

(ii)

in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Northern Ireland goods vehicle; 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.

Commencement Information

I1 Reg. 3 in force at 26.9.1996, see reg. 1

(1)

O.J. No. L279 12.11.93, p.1.

(2)

O.J. No. L350 31.12.94, p.9.

(3)

O.J. No. L92, 9.4.94, p.13.

(4)

O.J. No. L95, 9.4.92, p.1.