The Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018

Statutory Instruments

2018 No. 25

Road Traffic

The Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018

Made

10th January 2018

Laid before Parliament

15th January 2018

Coming into force

1st September 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2(2)(d) and 57(1), (7) and (8) of the Goods Vehicles (Licensing of Operators) Act 1995(1) and section 47(5) of the Road Traffic Act 1988(2).

The Secretary of State has consulted with such representative organisations as thought fit in accordance with section 57(12) of the Goods Vehicles (Licensing of Operators) Act 1995 and section 195(2) of the Road Traffic Act 1988.

Citation and commencement

1.  These Regulations may be cited as the Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018 and come into force on 1st September 2018.

Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995

2.—(1) The Goods Vehicles (Licensing of Operators) Regulations 1995(3) are amended as follows.

(2) In regulation 3(2) (interpretation), after the definition of “the 2009 Regulation”(4), insert—

““alternative fuel” means one or more of the following—

(a)

electricity;

(b)

hydrogen;

(c)

natural gas, including biomethane, in gaseous form and liquefied form;

(d)

liquefied petroleum gas;”.

(3) After regulation 36 insert—

“Review

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

(a) carry out a review of the regulatory provision contained in—

(i) the definition of “alternative fuel” in regulation 3(2),

(ii) paragraphs 15(a), 21 and 31 of Schedule 3, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st September 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(5) requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

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

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015(6) (see section 32 of that Act).”.

(4) In Schedule 3, Part 1 (classes of vehicles for which a licence is not required)—

(a) in paragraph 15, for sub-paragraph (a) substitute—

“(a) water, fuel, accumulators and other equipment used for the purpose of propulsion or the running of the vehicle, loose tools and loose equipment;”;

(b) in paragraph 21, after “vehicle” insert “first registered before 1st March 2015”; and

(c) after paragraph (30)(7), insert—

“31.   A vehicle—

(a) fuelled entirely by alternative fuel,

(b) with a permissible laden mass not exceeding 4.25 tonnes,

(c) currently used in Great Britain for the carriage of goods, and

(d) which has not been so used outside Great Britain.”.

Amendment of the Motor Vehicles (Tests) Regulations 1981

3.—(1) The Motor Vehicles (Tests) Regulations 1981(8) are amended as follows.

(2) In regulation 6(1)(xvii)(9) (exemptions), after “3500 kilograms” insert “first registered before 1st March 2015”.

Signed on behalf of the Secretary of State for Transport

Jesse Norman

Parliamentary Under Secretary of State

Department for Transport

10th January 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Goods Vehicles (Licensing of Operators) Regulations 1995 (“the 1995 Regulations”) and the Motor Vehicles (Tests) Regulations 1981.

Regulation 2(2) inserts a new definition of “alternative fuel” into the 1995 Regulations that is required for the purposes of the new exemption provided in paragraph 31 of Schedule 3 to those Regulations for certain vehicles that use such fuels.

Regulation 2(3) inserts a provision to review the amendments made to the 1995 Regulations by these Regulations.

Regulation 2(4) amends Schedule 3 (classes of vehicles for which an operator’s licence is not required) to the 1995 Regulations so that—

• the exemption in paragraph 15(a) will only apply to vehicles carrying water, fuel, accumulators and other equipment used for the purpose of propulsion or the running of the vehicle, or for the carriage of loose tools and loose equipment;

• the exemption in paragraph 21 will only apply to electrically propelled vehicles in use before 1st March 2015;

• new paragraph 31 exempts vehicles fuelled entirely by alternative fuels with a permissible laden mass not exceeding 4.25 tonnes and currently operated in Great Britain.

Regulation 3 amends the Motor Vehicles (Tests) Regulations 1981 to remove the exemption from roadworthiness testing for an electric goods vehicle whose design gross weight does not exceed 3500 kilograms if it was first registered on or after 1st March 2015.

A full impact assessment has not been produced for this instrument as the impact on the private and voluntary sectors is minimal. An Explanatory Memorandum is available alongside this instrument on www.legislation .gov.uk.

(1)

1995 c. 23.

(2)

1988 c. 52.

(3)

S.I. 1995/2869; relevant amending instrument is S.I. 2017/874.

(4)

A definition of “the 2009 Regulation” was inserted by S.I. 2017/874.

(5)

2015 c. 26.

(6)

Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12).

(7)

Paragraph 30 was added by S.I. 2013/1753.

(8)

S.I. 1981/1694; relevant amending instrument is S.I. 1991/253.

(9)

Regulation 6(1)(xvii) was substituted by S.I. 1991/253.