The International Road Transport Permits (EU Exit) Regulations 2018

PART 1 General

Citation and commencement

1.  These Regulations may be cited as the International Road Transport Permits (EU Exit) Regulations 2018 and come into force on the day after the day on which they are made, except for regulations 4(2) and 18 which come into force on exit day.

Interpretation

2.  In these Regulations—

“1995 Act” means the Goods Vehicles (Licensing of Operators) Act 1995(1);

“2010 Act” means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(2);

“application” means an application by an operator under regulation 20;

“authorisation for international removals” means a document granting permission to carry out international removals in the form set out in Annex II of the Multilateral Quota User Guide published on 1st January 2014(3);

“carriage of goods” means the carriage of goods for hire or reward, or for or in connection with any trade or business carried on by the operator of a vehicle, and includes—

(a)

getting a vehicle to a place where those goods are to be loaded onto that vehicle, and

(b)

returning a vehicle to the place where it is kept when not in use after those goods have been unloaded;

“exit day” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018(4);

“international journey” means a journey—

(a)

from a place in the United Kingdom to a place in a relevant country or a relevant member State or passing through that country or member State;

(b)

between places outside the United Kingdom where one or both of which are situated in a relevant country or a relevant member State, regardless of whether that journey passes through the United Kingdom; or

(c)

between places outside the United Kingdom and a relevant country or a relevant member State, but passing through a relevant country or a relevant member State, regardless of whether that journey passes through the United Kingdom;

“own account” means the carriage of goods for or in connection with any trade or business carried on by the person carrying them and where each of the following conditions are fulfilled—

(a)

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

(b)

the purpose of the journey is to carry the goods to or from the premises of the person carrying them or to move them, either inside or outside those premises, for the person’s own requirements;

(c)

the goods vehicle used for carrying the goods is driven by an employee of the person;

(d)

the goods vehicle carrying the goods is owned by the person, has been bought by it on deferred terms or has been hired; and

(e)

the carriage is ancillary to the overall activities of the person;

“permit” means an international road transport permit under section 1(2) of the Haulage Permits and Trailer Registration Act 2018;

“relevant country” means—

(a)

Republic of Armenia,

(b)

Republic of Azerbaijan,

(c)

Republic of Belarus,

(d)

Bosnia and Herzegovina,

(e)

Georgia,

(f)

Republic of Kazakhstan,

(g)

Republic of Kosovo,

(h)

Montenegro,

(i)

Kingdom of Morocco,

(j)

Russian Federation,

(k)

Republic of Serbia,

(l)

Republic of Tunisia, or

(m)

Ukraine;

“relevant member State” means a member State of the European Union which has agreed a relevant international agreement under which a goods vehicle being used for the carriage of goods to, in or through the territory of that member State must carry a permit(5);

“working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(6); and a notice given after 4.30pm on a working day is treated as given on the next working day.

Application of these Regulations

3.—(1) These Regulations apply to a goods vehicle used on a road for the carriage of goods.

(2) These Regulations do not apply to the use of a Northern Ireland goods vehicle to transport goods on—

(a) a journey beginning in Northern Ireland to a place in Ireland, or

(b) the part of an international journey beginning in Northern Ireland which passes through Ireland.

(3) In this regulation, “Northern Ireland goods vehicle” means a goods vehicle used under an operator’s licence issued under section 14 of the 2010 Act.

PART 2 Requirement to carry an international road transport permit

Carriage of a permit

4.—(1) Subject to regulations 5 to 17, an operator must not use a goods vehicle for the carriage of goods on an international journey to, in or through a relevant country, unless the operator carries on the vehicle a permit valid for each relevant country on that journey(7).

(2) Subject to regulation 18, an operator must not use a goods vehicle for the carriage of goods on an international journey to, in or through a relevant member State, unless the operator carries on the vehicle a permit valid for each relevant member State on that journey.

Exemptions: Armenia

5.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Armenia where that vehicle is—

(a) being used for the carriage of goods—

(i) specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii) specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii) on own account; or

(b) of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Azerbaijan

6.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Azerbaijan where that vehicle is—

(a) is being used for the carriage of goods—

(i) specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii) specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii) on own account; or

(b) of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Belarus

7.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Belarus where that vehicle is—

(a) being used for the carriage of goods specified in paragraph 4, 5, 8, 11, 18 or 22 of Schedule 1; or

(b) of a type specified in paragraph 26 of Schedule 1.

Exemptions: Bosnia and Herzegovina

8.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Bosnia and Herzegovina where that vehicle is—

(a) being used for the carriage of goods—

(i) specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii) specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii) on own account; or

(b) of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Georgia

9.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Georgia where that vehicle is being used for the carriage of goods—

(a) specified in paragraph 4, 5, 9, 18, 22, 23 or 24 of Schedule 1; or

(b) on own account.

Exemptions: Kazakhstan

10.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Kazakhstan where that vehicle is—

(a) being used for the carriage of goods specified in paragraph 4, 5, 8, 9, 17, 18 or 22 of Schedule 1; or

(b) of a type specified in paragraph 26 of Schedule 1.

Exemptions: Kosovo

11.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Kosovo where that vehicle is—

(a) being used for the carriage of goods specified in paragraph 4, 5, 8, 11, 15, 17, 18 or 21 of Schedule 1; or

(b) of a type specified in paragraph 26 of Schedule 1.

Exemptions: Montenegro

12.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Montenegro where that vehicle is—

(a) being used for the carriage of goods—

(i) specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii) specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii) on own account; or

(b) of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Morocco

13.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Kingdom of Morocco where that vehicle is being used for the carriage of goods specified in paragraph 2, 9 or 12 of Schedule 1.

Exemptions: Russian Federation

14.—(1) Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Russian Federation where that vehicle is—

(a) being used for the carriage of goods specified in paragraph 4, 5 or 8 of Schedule 1; or

(b) carrying a relevant document and is,—

(i) being used for carriage of goods specified in paragraph 18, 19 or 20 of Schedule 1; or

(ii) of a type specified in paragraph 27 or 28 of Schedule 1.

(2) In this regulation, “relevant document” means a document carried in accordance with regulation 26(6) of the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996(8).

Exemptions: Serbia

15.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Serbia where that vehicle is—

(a) being used for the carriage of goods—

(i) specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii) specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii) on own account; or

(b) of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Tunisia

16.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Tunisia where that vehicle is—

(a) being used for the carriage of goods specified in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 15, 16, 18, 21 or 22 of Schedule 1; or

(b) of a type specified in Part 2 of Schedule 1.

Exemptions: Ukraine

17.  Regulation 4(1) does not apply to the use of goods vehicle on the part of an international journey which takes place in Ukraine where that vehicle is—

(a) being used for the carriage of goods—

(i) specified in paragraph 4, 5, 9, 15, 17, 18, 19, 20, 21 or 23 of Schedule 1, or

(ii) on own account; or

(b) of a type specified in paragraph 26 of Schedule 1.

Exemptions: relevant member States

18.  Regulation 4(2) does not apply to the use of a goods vehicle on the part of an international journey which takes place in a relevant member State where that vehicle is—

(a) being used for the carriage of goods—

(i) specified in paragraph 4, 5 or 9 of Schedule 1, or

(ii) on own account; or

(b) of a type specified in paragraph 26 in Schedule 1.

Temporary exemptions

19.—(1) The Secretary of State may grant a temporary exemption from the prohibition in regulation 4 for the purpose of enabling an emergency or some other special need to be dealt with.

(2) A temporary exemption under paragraph (1) may be granted—

(a) by giving notice in writing to the operator to whom it relates, or

(b) by publishing a notice specifying the class of operators to whom it relates.

PART 3 International road transport permits

Making an application

20.—(1) An operator must apply to the Secretary of State for a permit within the period specified by the Secretary of State for submitting an application for that permit.

(2) An application must—

(a) include any information specified by the Secretary of State, and

(b) be accompanied by the fee specified in Schedule 2.

(3) An application may only be made by a person who holds an operator’s licence issued under section 15 of the 1995 Act or section 14 of the 2010 Act.

Further information in respect of an application made under regulation 20

21.—(1) If the Secretary of State considers that further information is required to determine an application, the Secretary of State may serve a notice on the applicant specifying the further information and the period within which it must be provided.

(2) If the applicant fails to provide the further information in accordance with that notice, the Secretary of State may serve a further notice on the applicant stating that the application is considered to be withdrawn.

(3) If an application is considered to be withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

Withdrawing an application

22.—(1) An application may be withdrawn by the applicant before the permit is granted.

(2) If an application is withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

Number of permits

23.—(1) Where a relevant international agreement with a relevant country or a relevant member State restricts the number of permits available for international journeys to, in or through that country or member State, the Secretary of State may designate—

(a) the number of those permits available for determination under regulation 24; and

(b) the number of those permits that the Secretary of State may grant in other circumstances, including in an emergency or for some other special need.

(2) The Secretary of State may alter or remove a designation.

Determining an application

24.—(1) Before granting a permit designated under regulation 23(1)(a), the Secretary of State must consider, where relevant to the permit applied for—

(a) the exhaust emissions level (for example, Euro 5, Euro 6 or other(9)) of the goods vehicle or vehicles which the applicant intends to use on a journey under the permit applied for;

(b) the goods which the applicant intends to carry under the permit applied for;

(c) the frequency with which the applicant intends to the use the permit applied for; and

(d) the proportion of the total number of journeys made by the applicant annually that are international journeys.

(2) The Secretary of State may—

(a) use random selection in addition to the considerations in paragraph (1) to determine whether to grant a permit designated under regulation 23(1)(a); and

(b) take into account any other matters that the Secretary of State considers appropriate in determining whether to grant a permit.

(3) The Secretary of State must provide guidance to applicants on the policy that the Secretary State will apply to determine applications.

Granting a permit

25.—(1) Subject to regulation 24, the Secretary of State may grant a permit falling within the number designated under regulation 23(1)(a).

(2) The Secretary of State may grant a permit falling within the number designated under regulation 23(1)(b).

(3) The Secretary of State may grant any other permit on a first come, first served basis.

(4) The Secretary of State must give reasons for refusing to grant a permit.

Content of a permit

26.  A permit must specify—

(a) the international journey or journeys for which that vehicle may be used;

(b) the operator to which the permit is granted;

(c) the period for which the permit is granted; and

(d) any other conditions that the operator must comply with.

Cancelling a permit

27.—(1) The Secretary of State may cancel a permit if—

(a) the operator’s licence is revoked, suspended or curtailed under section 26 or 27 of the 1995 Act or section 23 or 24 of the 2010 Act;

(b) the operator breaches any condition attached to that permit and fails to remedy that breach within 20 working days of notification;

(c) the operator is guilty, in respect of that permit, of an offence—

(i) in Great Britain, under section 173 or 174 of the Road Traffic Act 1988(10),

(ii) in Northern Ireland, under section 36 or 37 of the 2010 Act; or

(d) the operator requests the permit is cancelled.

(2) Where the Secretary of State decides to cancel a permit, the Secretary of State must notify the operator of—

(a) the reasons for cancelling the permit; and

(b) the date on which the permit will be cancelled, which must not be less than 20 working days after the date on which the operator is notified.

(3) Unless the Secretary of State withdraws a cancellation notice, a permit ceases to have effect on the date specified in the notice.

Appeals

28.—(1) Where the Secretary of State decides to cancel a permit, an operator may appeal—

(a) in Great Britain, to a traffic commissioner; and

(b) in Northern Ireland, to the Upper Tribunal.

(2) An appeal must be brought within 20 working days of the day on which the operator was notified of the decision to cancel the permit.

(3) On an appeal to a traffic commissioner, the traffic commissioner must—

(a) consider any written representations made and any evidence provided when the appeal is brought;

(b) inform the appellant of the outcome of the appeal within a period of 56 days, beginning with the day on which the appeal was brought; and

(c) provide reasons for the decision (“the determination”).

(4) Without prejudice to the right of any person to make an application for judicial review—

(a) a determination by a traffic commissioner is binding on all parties affected by the determination; and

(b) a traffic commissioner may give such directions as the traffic commissioner considers appropriate to give effect to the determination.

(5) In this regulation—

“traffic commissioner” has the same meaning as in the Public Passenger Vehicles Act 1981(11); and

“upper tribunal” means the Upper Tribunal constituted under section 3 of the Tribunal, Courts and Enforcement Act 2007(12).

Fees

29.  The fee payable for a function and the time when that fee must be paid are set out in Schedule 2.

Records

30.—(1) Where an operator is granted a permit under regulation 25, the operator must keep a record of any international journey made using that permit.

(2) The operator must provide the Secretary of State with a copy of any such record on request.

PART 4 Miscellaneous

Review

31.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish that report.

(2) In carrying out the review the Secretary of State must, so far as is reasonably practicable, have regard to how relevant international agreements are implemented in countries subject to those agreements.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the relevant international agreements and by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation must afterwards be published at intervals not exceeding five years.

Revocations

32.  The instruments in Schedule 3 are revoked.

Signed by authority of the Secretary of State for Transport

Jesse Norman

Minister of State

Department for Transport

20th November 2018