EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations prohibit an operator from using a goods vehicle registered in the UK for transporting goods on an international journey to, in or through a relevant country or relevant member State without an international road transport permit (“permit”) and require that permit to be carried on the vehicle. The Regulations set out the administrative provisions for applying for and granting a permit; how such applications will be determined; and the information that must be included in a permit. They also set out the circumstances in which a permit may be cancelled, provide for appeals and enable fees to be charged.
Part 1 (regulations 1 to 3) contains introductory provisions. Regulation 3 applies the Regulations to goods vehicles used on the road in the UK for the carriage of goods for hire or reward, or in connection any trade or business carried on by the operator.
Part 2 (regulations 4 to 19) requires a goods vehicle registered in the United Kingdom to carry a permit when transporting goods on an international journey to a relevant country or a relevant member State, and sets out specific exemptions for each relevant country or member State.
Regulation 4 prohibits the use of a goods vehicle for the carriage of goods on an international journey to, in or through a relevant country or a relevant member State, unless a permit for that journey is carried on the vehicle. “International journey”, “relevant country” and “relevant member State” are defined in regulation 2 (interpretation).
Regulations 5 to 18 provide for exemptions from the requirement to carry a permit for each relevant country and relevant member State. These exemptions provide that the carriage of certain types of the goods are exempt by reference to Part 1 of Schedule 1, and certain types of vehicles are exempt by reference to Part 2 of Schedule 1. The exemptions are different for each relevant country and relevant member State because they reflect the exemptions agreed in the relevant international agreements.
Regulation 19 provides that the Secretary of State may temporarily exempt a UK operator or class of operators from the requirement to carry a permit in an emergency or for some other special need, and sets out how such an exemption may be granted.
Part 3 (regulations 20 to 30) sets out the administrative provisions concerning permits, which include how to make an application; the number of permits available for allocation and the process of allocating them; the fees payable for a permit; the circumstances in which a permit may be cancelled and the process for appealing the cancellation of a permit.
Regulation 30 requires an operator granted a permit to keep a record of the journeys made using that permit and to provide a copy of any such record to the Secretary of State on request.
Part 4 (regulations 31 and 32) contains miscellaneous provisions. Regulation 31 requires the Secretary of State to review the operation and effect of the Regulations and publish a report within five years of them coming into force and every five years afterwards. Following a review, it will be for the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to amend or revoke the Regulations. Regulation 32 and Schedule 3 revoke a number of instruments under which fees for the issue of some permits are currently charged.
An impact assessment of the effect of these Regulations on the cost to business is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.