The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

PART 1 U.K. GENERAL

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009.

(2) They come into force on 15th August 2009.

Interpretation U.K.

2.—(1) In these Regulations—

[F1 the 1999 Directive” means Directive No.1999/62/EC of the European Parliament and of the Council of 17th June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures;]

“appropriate national authority” means, in relation to a toll or user charge which is levied in respect of the use of a section of infrastructure in—

(a)

England, the Secretary of State,

(b)

Wales, the Welsh Ministers,

(c)

Scotland, the Scottish Ministers,

(d)

Northern Ireland, the Department for Regional Development in Northern Ireland,

except that in relation to a toll levied in respect of the use of either of the Severn Bridges, the “appropriate national authority” means the Secretary of State;

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

“EURO 0”, “EURO I”, “EURO II”, “EURO III”, “EURO IV”, “EURO V” or “EEV” mean, in relation to a category of HGV, the category of HGV which complies with the emission limits referred to in Annex 0;

[F2 “EURO VI” means, in relation to a category of HGV, the category of HGV which complies with the emission limits referred to in Annex I of Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18th June 2009 on type approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information;]

[F2 “EURO emission standard” means the emission standards for HGVs referred to as “EURO O”, “EURO I”, “EURO II”, “EURO III”, “EURO IV”, “EEV” “EURO V”, and “EURO VI”;]

[F2 “external-cost charge” means a charge levied for the purpose of recovering the costs incurred in the United Kingdom related to traffic-based air pollution, traffic-based noise pollution or both;]

“HGV” means a heavy goods vehicle, namely a motor vehicle or articulated vehicle combination intended or used F3 ... for the carriage by road of goods, and having a maximum permissible laden weight of over 3.5 tonnes;

[F4 “infrastructure charge” means a charge levied for the purpose of recovering the construction, the maintenance, the operation and the development costs related to infrastructure incurred in the United Kingdom;]

[F4 “motorway” means a road specifically designed and built for motor traffic, which does not serve properties bordering on it, and which—

(a)

is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other either by a dividing strip not intended for traffic or, exceptionally, by other means;

(b)

does not cross at grade with any road, railway or tramway track, bicycle path or footpath; and

(c)

is specifically designated as a motorway]

“operator” means, in relation to a section of infrastructure, the person who or body which is authorised under an enactment to levy the tolls or user charges in respect of the use of that section of infrastructure;

“responsible person” means, in relation to a section of infrastructure, the person who or body which is authorised under an enactment to determine the rates of a toll or user charge to be levied in respect of the use of that section of infrastructure;

“Severn Bridges” means the new bridge and the existing bridge as defined in section 39(1) of the Severn Bridges Act 1992 M1 ;

[F5 “the TEN-T” means the trans-European network for transport, which includes the road network defined in Article 2 and Annex I to Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11th December 2013 on Union guidelines for the development of the trans-European transport network as illustrated by maps;]

[F6 “the TERN” means the roads included in the TEN-T]

[F7 “toll” means a specified amount payable for an HGV based on the distance travelled on a given infrastructure and on the type of HGV comprising an infrastructure charge, an external cost-charge or both an infrastructure charge and an external-cost charge;]

“type of HGV” has the meaning given in Article 2 of the 1999 Directive to “type of vehicle”; F8 ...

“user charge” means a specified amount payment of which confers the right for an HGV to use for a given period a section of infrastructure.

[F9 “weighted average external-cost charge” means the total revenue of an external-cost charge over a given period divided by the number of HGV kilometres travelled on the road sections subject to the charge during that period; and]

[F9 “weighted average infrastructure charge” means the total revenue of an infrastructure charge over a given period divided by the number of HGV kilometres travelled on the road sections subject to the charge during that period.]

(2) In these Regulations, unless the context otherwise requires—

[F10 (a) a reference to-

(i) [F11 Subject to sub-paragraph (d),] Annex II or IIIb is a reference to the Annex in the 1999 Directive which is so numbered, as amended from time to time, and

(ii) Annex III or IIIa is a reference to the Annex to the 1999 Directive which is so numbered;]

(b) the following expressions have the meanings given in Article 2 of the 1999 Directive—

• “concession contract”

• “concession toll”

• “construction costs”

• F12 ...

(c) other expressions which are also used in the 1999 Directive have the meaning which they bear in the 1999 Directive.

[F13 (d) Annex II to the 1999 Directive is to be read with the following modifications for the purposes of these Regulations—

(i) Annex II has effect as if it were substituted as follows—

ANNEX II U.K. MAXIMUM AMOUNTS IN POUNDS STERLING OF USER CHARGES, INCLUDING ADMINISTRATIVE COSTS

Annual

	maximum three axles	minimum four axles
EURO 0	1246	2089
EURO I	1084	1809
EURO II	943	1573
EURO III	820	1367
EURO IV and less polluting	746	1243

Monthly and weekly

1.   Maximum monthly and weekly rates are in proportion to the duration of the use made of the infrastructure.

Daily

2.   The maximum daily rate is equal for all vehicle categories and amounts to £10.

(ii) Annex IIIb has effect as if for Table 1 and Table 2 there were substituted—

Table 1

Maximum chargeable air pollution cost

pence/vehicle kilometre	Suburban roads (including motorways)	Interurban roads (including motorways)
EURO 0	15.0	11.3
EURO I	10.3	7.5
EURO II	8.5	6.6
EURO III	6.6	5.7
EURO IV	3.8	2.9
EURO V	0.0	0.0
after 31 December 2013	2.9	1.9
EURO VI	0.0	0.0
after 31 December 2017	1.9	1.0
Less polluting than EURO VI	0.0	0.0

Table 2

Maximum chargeable noise cost

pence/vehicle kilometre	Day	Night
Suburban roads (including motorways)	1.03	1.88
Interurban roads (including motorways)	0.19	0.29.]

Textual Amendments

F1 Words in reg. 2(1) substituted (7.10.2014) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(a)

F2 Words in reg. 2(1) inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(b)

F3 Word in reg. 2(1) omitted (7.10.2014) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(c)

F4 Words in reg. 2(1) inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(d)

F5 Words in reg. 2(1) inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(e)

F6 Words in reg. 2(1) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(f)

F7 Words in reg. 2(1) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(h)

F8 Word in reg. 2(1) omitted (7.10.2014) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(g)

F9 Words in reg. 2(1) inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(2)(i)

F10 Reg. 2(2)(a) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(3)

F11 Words in reg. 2(2)(a)(i) inserted (31.12.2020) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1352), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 2(2)(b) omitted (7.10.2014) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(4)

F13 Reg. 2(2)(d) inserted (31.12.2020) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1352), regs. 1, 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1992 c.3.

Application U.K.

3.— [F14 (1) Subject to paragraph (2), these Regulations apply in relation to any toll or user charge which is authorised under an enactment to be levied in respect of the use by an HGV of the TERN, or certain sections of the TERN, or on any section of a motorway which is not part of the TERN.]

(2) These Regulations do not apply in relation to tolls or user charges which do not discriminate on any of the grounds referred to in regulation 12(1) and are—

(a) specifically levied on HGVs of abnormal weights or dimensions, or

(b) specifically designed to combat time and place related traffic congestion, or environmental impacts (including poor air quality) [F15 , or]

[F16 (c) applied to roads that are neither motorways nor on the TERN, provided such tolls or user charges do not result in the distortion of competition between persons operating HGVs.]

Textual Amendments

F14 Reg. 3(1) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(5)(a)

F15 Word in reg. 3(2)(b) inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(5)(b)

F16 Reg. 3(2)(c) inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(5)(c)