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.

(1)

1995 c.23.

(2)

2010 c.2.

(3)

The Multilateral Quota User Guide is available on the International Transport Forum website, www.itf-oecd.org/.

(4)

2018 c.16.

(5)

The term “relevant international agreement” is defined in section 1(4) of the Haulage Permits and Trailer Registration Act 2018.

(6)

1971 c.80.