Statutory Instruments
ROAD TRAFFIC
PUBLIC PASSENGER TRANSPORT
Made
18th December 2024
Coming into force
1st April 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by section 31 of and paragraphs 27 and 34 of Schedule 5 to the European Union (Future Relationship) Act 2020(1)(“the 2020 Act”) and section 56 of the Finance Act 1973(2).
In accordance with section 56(1) of the Finance Act 1973 the Treasury consents to the making of these Regulations.
In accordance with paragraph 6(1) of Schedule 5 to the 2020 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
1.—(1) These Regulations may be cited as the Road Transport (International Passenger Services) (Amendment) Regulations 2024.
(2) These Regulations come into force on 1st April 2025.
2.—(1) Part 2 extends to England and Wales and Scotland only.
(2) Part 3 extends to Northern Ireland only.
(3) Otherwise, these Regulations extend to England and Wales, Scotland and Northern Ireland.
3.—(1) The Road Transport (International Passenger Services) Regulations 2018(3) are amended as follows.
(2) In regulation 3 (interpretation)—
(a)in paragraph (1)—
(i)for the definition of “Interbus”, substitute—
““Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020(4);”;
(ii)after the definition of “Regulation 1071/2009”, insert—
““RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement(5), together with—
Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and
Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;
“RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus(6);
“Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;”;
(iii)omit the definition of “Regulation 1073/2009”;
(b)in paragraph (2), for “Regulation 1073/2009 and Interbus”, substitute “the RPT Chapter, Interbus and the RSR Protocol”;
(c)in paragraph (3), for “Regulation 1073/2009 or Interbus”, substitute “the RPT Chapter, Interbus or the RSR Protocol”.
(3) After regulation 3, insert—
3A.—(1) The road passenger transport agreements, in their English language version, form part of domestic law on and after 1st April 2025.
(2) Any enactment has effect on and after 1st April 2025 with such modifications as—
(a)are required in consequence of paragraph (1) or otherwise for the purposes of implementing the road passenger transport agreements, and
(b)are capable of being ascertained from the agreements or otherwise from the Trade and Cooperation Agreement, as it has effect on that date.
(3) Paragraphs (1) and (2)—
(a)are subject to any equivalent or other provision—
(i)which (whether before, on or after 1st April 2025) is made by or under the European Union (Future Relationship) Act 2020 or any other enactment or otherwise forms part of domestic law, and
(ii)which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement or any other future relationship agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020), and
(b)do not limit the scope of any power which is capable of being exercised to make any such provision.
(4) For the purposes of this regulation—
(a)the road passenger transport agreements are the following, as they have effect on 1st April 2025—
(i)the RPT Chapter,
(ii)Interbus, and
(iii)the RSR Protocol;
(b)references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.
(5) In this regulation “domestic law” means the law of—
(a)England and Wales, and
(b)Scotland.”.
(4) For regulation 4 (other than the heading) (competent authorities), substitute—
“4.—(1) The competent authority is—
(a)for the purposes mentioned in paragraph (2), the Secretary of State; and
(b)for the purposes mentioned in paragraph (3), the Confederation of Passenger Transport.
(2) The purposes mentioned in paragraph (1)(a) are these Regulations and—
(a)non-liberalised occasional services to which Articles 15 and 16 of Interbus apply where the point of departure is in Great Britain;
(b)regular and special regular services to which—
(i)Articles 477, 479, 480 and 481 of the RPT Chapter apply; and
(ii)Articles 8 to 12 of the RSR Protocol apply;
for transport operators established in Great Britain.
(3) The purposes mentioned in paragraph (1)(b) are—
(a)the issue of control documents to transport operators established in Great Britain for the purposes of Article 10 of Interbus for occasional services exempted from authorisation as set out in Annex 3 of Interbus; and
(b)occasional services outside the scope of Interbus but falling within Article 475 of the RPT Chapter where the point of departure is in Great Britain.
(4) It is the duty of the competent authority to perform the functions conferred on the competent authority by the provisions specified in paragraph (2) or (3) as appropriate.”.
(5) In regulation 5 (use of a public service vehicle not registered in the United Kingdom), for paragraph (1)(b) substitute—
“(b)the RSR Protocol for the provision of regular services or special regular services, or
(c)the RPT Chapter for the provision of occasional services, regular services or special regular services outside the scope of Interbus and the RSR Protocol.”.
(6) In regulation 6 (use of a public service vehicle for regular, special regular or cabotage services for international operations)—
(a)in the heading to the regulation, for “, special regular or cabotage” substitute “or special regular”;
(b)for paragraph (1), substitute—
“(1) This regulation applies to a vehicle which is registered in a member State, an EEA State or an Interbus State, and which is being used in Great Britain in accordance with the RSR Protocol or the RPT Chapter for the provision of—
(a)regular services, or
(b)special regular services.”;
(c)after paragraph (2) insert—
“(3) In this regulation “Interbus State” has the same meaning as in regulation 5.”.
(7) In regulation 7 (fees)—
(a)in paragraph (1)—
(i)for “control document”, substitute “relevant document”;
(ii)after “is made”, insert “to the Confederation of Passenger Transport”;
(b)in paragraph (2)—
(i)for “an authorisation”, substitute “a relevant document”;
(ii)after “is made”, insert “to the Secretary of State”;
(c)after paragraph (3), insert—
“(4) In this regulation “relevant document” means—
(a)a control document,
(b)an authorisation,
(c)a journey form, or
(d)a waybill.”.
(8) In regulation 12(1) (supply of information), for the words from “Article 7(3)” to the end, substitute—
“—
(a)Article 9(3) of the RSR Protocol; or
(b)Article 478(3) of the RPT Chapter.”.
(9) In regulation 13(1) (power to stop), for sub-paragraph (a), substitute—
“(a)an operator’s licence for the international carriage of passengers by road,”.
(10) For regulation 16(1) (offences), substitute—
“(1) A person is guilty of an offence if that person breaches a provision of—
(a)Interbus set out in Schedule 2;
(b)the RSR Protocol set out in Schedule 3; or
(c)the RPT Chapter set out in Schedule 4.”.
(11) Omit Schedule 1 (offences for breach of Regulation 1073/2009).
(12) Schedule 1 inserts into the Regulations a new Schedule 3 (offences for breach of the RSR Protocol) and a new Schedule 4 (offences for breach of the RPT Chapter).
4.—(1) The Road Traffic (Foreign Vehicles) Act 1972(7) is amended as follows.
(2) In Schedule 1(8) (provisions conferring functions on examiners)—
(a)omit the entry relating to Article 4(3) of Regulation (EC) No 1073/2009;
(b)after the entry relating to Article 20 of the Interbus Agreement, insert—
| “Article 8(9) of the Protocol to the Interbus Agreement regarding the international regular and special regular carriage of passengers by coach and bus (“the RSR Protocol”) | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator. |
| Article 15 of the RSR Protocol | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles. |
| Article 477(8) of Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020) (“the RPT Chapter”) | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator. |
| Article 483 of the RPT Chapter | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.”. |
(3) In Schedule 2(9) (provisions relating to vehicles and their drivers)—
(a)omit the entry relating to Article 4(3) of Regulation (EC) No 1073/2009;
(b)omit the entry relating to Article 17(1) of Regulation (EC) No 1073/2009;
(c)after the entry relating to regulation 4 of the Goods Vehicles (Community Licences) Regulations 2011, insert—
| “Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus (“the Interbus Agreement”) | To require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles. |
| Article 20 of the Interbus Agreement | To require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles. |
| Article 8(9) of the Protocol to the Interbus Agreement regarding the international regular and special regular carriage of passengers by coach and bus (“the RSR Protocol”) | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator. |
| Article 15 of the RSR Protocol | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles. |
| Article 477(8) of Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020) (“the RPT Chapter”) | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator. |
| Article 483 of the RPT Chapter | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.”. |
5.—(1) The Motor Vehicles (International Circulation) Order 1975(10) is amended as follows.
(2) In article 5(2)(b)(i), after “scope of” insert “either the Road Transport (International Passenger Services) Regulations 2018 or”.
6.—(1) The Public Passenger Vehicles Act 1981(11) is amended as follows.
(2) In section 65 (forgery and misuse of documents etc), in subsection (1)(ea)(12) for the words from “under Article 12(4)” to the end substitute “in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018 (S.I. 2018/1395);”.
(3) In section 66 (false statements to obtain licence etc), in paragraph (f)(13) for the words from “under Article 12(4)” to the end substitute “in pursuance of regulation 4 of the Road Transport (International Passenger Services) Regulations 2018;”.
(4) In section 82 (general interpretation provisions) (14), omit the definition of “Regulation (EC) No 1073/2009”.
7.—(1) The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019(15) are amended as follows.
(2) In regulation 2 (interpretation)—
(a)in paragraph (1)—
(i)for the definition of “Interbus”, substitute—
““Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020(16);”;
(ii)after the definition of “Regulation 1071/2009”, insert—
““RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement(17), together with—
Annexes 32, 33 and 34 to the Trade and Cooperation Agreement, and
Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;
“RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus(18);
“Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;”;
(iii)omit the definition of “Regulation 1073/2009”;
(b)in paragraph (2), for “Regulation 1073/2009 and Interbus”, substitute “the RPT Chapter, Interbus and the RSR Protocol”;
(c)in paragraph (3), for “Regulation 1073/2009 or Interbus”, substitute “the RPT Chapter, Interbus or the RSR Protocol”.
(3) After regulation 2, insert—
2A.—(1) The road passenger transport agreements, in their English language version, form part of the law of Northern Ireland on and after 1st April 2025.
(2) Any statutory provision has effect on and after 1st April 2025 with such modifications as—
(a)are required in consequence of paragraph (1) or otherwise for the purposes of implementing the road passenger transport agreements, and
(b)are capable of being ascertained from the agreements or otherwise from the Trade and Cooperation Agreement, as it has effect on that date.
(3) Paragraphs (1) and (2)—
(a)are subject to any equivalent or other provision—
(i)which (whether before, on or after 1st April 2025) is made by or under the European Union (Future Relationship) Act 2020 or any other statutory provision or otherwise forms part of the law of Northern Ireland, and
(ii)which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement or any other future relationship agreement (as defined in section 37(1) of the European Union (Future Relationship) Act 2020), and
(b)do not limit the scope of any power which is capable of being exercised to make any such provision.
(4) For the purposes of this regulation—
(a)the road passenger transport agreements are the following, as they have effect on 1st April 2025—
(i)the RPT Chapter,
(ii)Interbus, and
(iii)the RSR Protocol;
(b)references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.”.
(4) In regulation 3 (competent authority)—
(a)the existing text becomes paragraph (1);
(b)in paragraph (1), for “Regulation 1073/2009, Interbus”, substitute “the RPT Chapter, Interbus, the RSR Protocol”;
(c)after paragraph (1) insert—
“(2) It is the duty of the Department to perform the functions conferred on the competent authority by the provisions specified in paragraph (1).”.
(5) In regulation 4 (use of a public service vehicle not registered in the United Kingdom)—
(a)at the end of paragraph (1)(a), omit “or”; and
(b)for paragraph (1)(b), substitute—
“(b)the RSR Protocol for the provision of regular services or special regular services; or
(c)the RPT Chapter for the provision of occasional services, regular services or special regular services outside the scope of Interbus and the RSR Protocol.”.
(6) In regulation 10(1) (supply of information), for the words from “Article 7(3)” to the end, substitute—
“—
(a)Article 9(3) of the RSR Protocol; or
(b)Article 478(3) of the RPT Chapter.”.
(7) In regulation 11(1) (power to stop), for sub-paragraph (a) substitute—
“(a)an operator’s licence for the international carriage of passengers by road,”;
(8) For regulation 16(1) (offences), substitute—
“(1) A person is guilty of an offence if that person breaches a provision of—
(a)Interbus set out in Schedule 2;
(b)the RSR Protocol set out in Schedule 3; or
(c)the RPT Chapter set out in Schedule 4.”.
(9) In regulation 18 (penalties)—
(a)omit paragraph (1);
(b)in paragraph (2), for “any other” substitute “an”.
(10) Omit Schedule 1 (offences for breach of Regulation 1073/2009).
(11) Schedule 2 inserts into the Regulations a new Schedule 3 (offences for breach of the RSR Protocol) and a new Schedule 4 (offences for breach of the RPT Chapter).
8.—(1) The Transport Act (Northern Ireland) 1967(19) is amended as follows.
(2) In section 34 (forgery of licences)(20)—
(a)in paragraph (a), for “a control document issued under Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”, substitute “an authorisation or a control document issued under Interbus, the RSR Protocol or the RPT Chapter”;
(b)in paragraph (b), for “or control document” substitute “, authorisation or control document”.
(3) In section 35(f) (false statements)(21), for “a control document under Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”, substitute “an authorisation or a control document under Interbus, the RSR Protocol or the RPT Chapter”.
(4) In section 81(1) (interpretation)(22)—
(a)omit the definition of “Regulation (EC) No 1073/2009”;
(b)after the definition of “the Holding Company”, insert—
““Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;”;
(c)after the definition of “road authority”, insert—
““RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—
Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and
Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;
“RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;”;
(d)after the definition of “subsidiary”, insert—
““Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;”.
9.—(1) The Road Traffic (Northern Ireland) Order 1981(23) is amended as follows.
(2) In Article 2(2) (interpretation)(24)—
(a)after the definition of “inspector of vehicles” insert—
““Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;”;
(b)after the definition of “the Road Traffic Orders”, insert—
““RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—
Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and
Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;
“RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;”;
(c)after the definition of “the test”, insert—
““Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;”.
(3) In Schedule 1 (statutory provisions conferring functions on authorised officers)(25)—
(a)omit the entry relating to Article 4(3) of Regulation (EC) No. 1073/2009;
(b)omit the entry relating to Article 17(1) of Regulation (EC) No. 1073/2009;
(c)in the entry relating to Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus, for the words from “the Agreement” to “p.13)” substitute “Interbus”;
(d)in the entry relating to Article 20 of the Interbus Agreement, for the words from “the Agreement” to “Agreement)” substitute “Interbus”;
(e)after that entry, insert—
| “Article 8(9) of the RSR Protocol | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator. |
| Article 15 of the RSR Protocol | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles. |
| Article 477(8) of the RPT Chapter | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles where the vehicles are additional vehicles used by the operator. |
| Article 483 of the RPT Chapter | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.”; |
(4) In Schedule 2 (statutory provisions relating to vehicles and their drivers)(26)—
(a)omit the entry relating to Article 4(3) of Regulation (EC) No 1073/2009;
(b)omit the entry relating to Article 17(1) of Regulation (EC) No 1073/2009; and
(c)after the entry relating to regulation 3 of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013, insert—
| “Article 18 of Interbus | To require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles. |
| Article 20 of Interbus | To require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles. |
| Article 8(9) of the RSR Protocol | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator. |
| Article 15 of the RSR Protocol | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles. |
| Article 477(8) of the RPT Chapter | To require the presentation of the contract, or equivalent document, which is required to be kept on board certain passenger vehicles, where the vehicles are additional vehicles used by the operator. |
| Article 483 of the RPT Chapter | To require the presentation of the authorisation or certified true copy, the licence or certified true copy, or the other control documents, which are required to be kept on board certain passenger vehicles.”. |
10.—(1) Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator(27) is amended as follows.
(2) In Article 2 (definitions)(28), after paragraph 12, insert—
“13. “PSV Operator’s licence” means a licence issued under section 12 of the Public Passenger Vehicles Act 1981.
14. “Bus operator’s licence” means a licence issued under section 4 of the Transport Act (Northern Ireland) 1967(29)”.
(3) In paragraph 5 of Annex 4 (most serious infringements for the purposes of Article 6(2)(a)), at the end, insert “, a valid PSV Operator’s licence, a valid bus operator’s licence or a valid operator’s licence for international carriage of passengers by road”.
11.—(1) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006(30) is revoked.
(2) Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98(31) is revoked.
We consent
Anna Turley
Jeff Smith
Two of the Lords Commissioners of His Majesty's Treasury
17th December 2024
Signed on authority of the Secretary of State for Transport
Lilian Greenwood
Parliamentary Under Secretary of State
Department for Transport
18th December 2024
Regulation 3(12)
1. After Schedule 2 to the Road Transport (International Passenger Services) Regulations 2018, insert
—
Regulation 16(1)(b)
| Provision of the RSR Protocol | Subject matter |
|---|---|
| Article 5 | Requirement to comply with the technical standards referred to in Annex 2 of the RSR Protocol |
| Article 6(2) | Requirement for an operator to have an authorisation for the provision of regular and special regular services operating under the RSR Protocol |
| Article 6(4) | Requirement for an operator to have an authorisation for parallel or temporary services serving the same public as existing regular services, and the non-serving of certain stops and service of additional stops on existing regular services |
| Article 8(9) | Requirement for an additional vehicle, used to deal with temporary and exceptional circumstances, to comply with the conditions of authorisation under Article 8(6) of the RSR Protocol |
| Article 8(9) | Requirement for contract, or equivalent document, to be kept in an additional vehicle, used to deal with temporary and exceptional circumstances |
| Article 8(9) | Requirement to present contract, or equivalent document, at the request of an authorised inspecting officer |
| Article 13(1) | Requirement for an operator providing regular or special regular services under the RSR Protocol to comply with the conditions of the authorisation |
| Article 13(2) | Requirement for an operator operating services under the RSR Protocol to provide information to passengers |
| Article 15(1) | Requirement for authorisations and operator’s licence, or certified true copies of authorisations and operator’s licence, for services operating under the RSR Protocol to be kept in the vehicle |
| Article 15(1) | Requirement to present authorisations and operator’s licence, or certified true copies of authorisations and operator’s licence, at the request of an authorised inspecting officer |
| Article 15(2) | Requirement for control documents for the operation of special regular services under the RSR Protocol to be kept in the vehicle |
| Article 15(2) | Requirement to present control documents for the operation of special regular services under the RSR Protocol, at the request of an authorised inspecting officer |
Regulation 16(1)(c)
| Provision of the RPT Chapter | Subject matter |
|---|---|
| Article 475(8) | Requirement for services operated under the Trade and Cooperation Agreement (“the TCA”) to be performed using buses and coaches registered in the Party where the operator is established or resides |
| Article 475(8) | Requirement to comply with the technical standards laid down in Annex 2 to Interbus |
| Article 476(2) | Requirement for authorisation for regular and special regular services operating under the TCA |
| Article 476(4) | Requirement for authorisation for parallel or temporary services serving the same public as existing regular services, and the non-serving of certain stops and serving of additional stops on existing regular services |
| Article 483(1) | Requirement to keep authorisation and operator’s licence, or certified true copies thereof, on buses or coaches when operating services under the TCA |
| Article 483(1) | Requirement to present authorisation and operator’s licence, or certified true copies thereof, at the request of an authorised inspecting officer |
| Article 483(2) | Requirement for control documents for the operation of special regular services under the TCA to be kept in the vehicle |
| Article 483(2) | Requirement to present control documents for the operation of special regular services under the TCA at the request of an authorised inspecting officer |
| Article 483(3) | Requirement to carry on board buses or coaches operated under the TCA completed journey forms in the form specified in Annex 34 to the TCA”. |
Regulation 7(11)
1. After Schedule 2 to the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019, insert—
Regulation 16(1)(b)
| Provision of the RSR Protocol | Subject matter |
|---|---|
| Article 5 | Requirement to comply with the technical standards referred to in Annex 2 of the RSR Protocol |
| Article 6(2) | Requirement for an operator to have an authorisation for the provision of regular and special regular services operating under the RSR Protocol |
| Article 6(4) | Requirement for an operator to have an authorisation for parallel or temporary services serving the same public as existing regular services, and the non-serving of certain stops and service of additional stops on existing regular services |
| Article 8(9) | Requirement for an additional vehicle, used to deal with temporary and exceptional circumstances, to comply with the conditions of authorisation under Article 8(6) of the RSR Protocol |
| Article 8(9) | Requirement for contract, or equivalent document, to be kept in an additional vehicle, used to deal with temporary and exceptional circumstances |
| Article 8(9) | Requirement to present contract, or equivalent document, at the request of an authorised inspecting officer |
| Article 13(1) | Requirement for an operator providing regular or special regular services under the RSR Protocol to comply with the conditions of the authorisation |
| Article 13(2) | Requirement for an operator operating services under the RSR Protocol to provide information to passengers |
| Article 15(1) | Requirement for authorisations and operator’s licence, or certified true copies of authorisations and operator’s licence, for services operating under the RSR Protocol to be kept in the vehicle |
| Article 15(1) | Requirement to present authorisations and operator’s licence, or certified true copies of authorisations and operator’s licence, at the request of an authorised inspecting officer |
| Article 15(2) | Requirement for control documents for the operation of special regular services under the RSR Protocol to be kept in the vehicle |
| Article 15(2) | Requirement to present control documents for the operation of special regular services under the RSR Protocol, at the request of an authorised inspecting officer |
Regulation 16(1)(c)
| Provision of the RPT Chapter | Subject matter |
|---|---|
| Article 475(8) | Requirement for services operated under the Trade and Cooperation Agreement (“the TCA”) to be performed using buses and coaches registered in the Party where the operator is established or resides |
| Article 475(8) | Requirement to comply with the technical standards laid down in Annex 2 to Interbus |
| Article 476(2) | Requirement for authorisation for regular and special regular services operating under the TCA |
| Article 476(4) | Requirement for authorisation for parallel or temporary services serving the same public as existing regular services, and the non-serving of certain stops and serving of additional stops on existing regular services |
| Article 483(1) | Requirement to keep authorisation and operator’s licence, or certified true copies thereof, on buses or coaches when operating services under the TCA |
| Article 483(1) | Requirement to present authorisation and operator’s licence, or certified true copies thereof, at the request of an authorised inspecting officer |
| Article 483(2) | Requirement for control documents for the operation of special regular services under the TCA to be kept in the vehicle |
| Article 483(2) | Requirement to present control documents for the operation of special regular services under the TCA at the request of an authorised inspecting officer |
| Article 483(3) | Requirement to carry on board buses or coaches operated under the TCA completed journey forms in the form specified in Annex 34 to the TCA”. |
(This note is not part of the Regulations)
These Regulations implement the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus (“the RSR Protocol”), which extended the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) concluded in Brussels on 30th June 2001 (“the Interbus Agreement”), acceded to by the United Kingdom in October 2020.
These Regulations also amend existing legislation to implement the road traffic passenger transport chapter of the Trade and Cooperation Agreement between the United Kingdom and the European Union (“the RPT Chapter”).
Part 2 makes amendments in relation to Great Britain. In particular:
(a)regulation 3 amends the Road Transport (International Passenger Services) Regulations 2018 (S.I. 2018/1395) to:
insert a new regulation 3A, which provides that the RPT Chapter, the Interbus Agreement and the RSR Protocol, as they have effect on 1st April 2025, form part of domestic law on and after that date (regulation 3(3));
provide that the competent authority for certain purposes is the Secretary of State and for other purposes is the Confederation of Passenger Transport (regulation 3(4));
insert new Schedules 3 and 4 which provide for offences for breach of provisions of the RSR Protocol and the RPT Chapter (regulation 3(12) and Schedule 1);
(b)regulation 4 amends Schedule 1 to the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (provisions conferring functions on examiners) and Schedule 2 to that Act (provisions relating to vehicles and their drivers);
(c)regulations 5 and 6 make consequential amendments to the Motor Vehicles (International Circulation) Order 1975 (S.I. 1975/1208) and the Public Passenger Vehicles Act 1981 (c. 14).
Part 3 makes amendments in relation to Northern Ireland. In particular:
(a)regulation 7 amends the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 (S.R. 2019 No. 27) to:
insert a new regulation 2A, which provides that the RPT Chapter, the Interbus Agreement and the RSR Protocol, as they have effect on 1st April 2025, form part of the law of Northern Ireland on and after that date (regulation 7(3));
insert new Schedules 3 and 4 which provide for offences for breach of provisions of the RSR Protocol and the RPT Chapter (regulation 7(11) and Schedule 2);
(b)regulation 8 amends sections 34(a) (forgery of licences), 35(f) (false statements) and 81(1) (interpretation) of the Transport Act (Northern Ireland) 1967 (c. 37 (N.I.));
(c)regulation 9 makes consequential amendments to Schedule 1 (statutory provisions conferring functions on authorised officers) and Schedule 2 (statutory provisions relating to vehicles and their drivers) to the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I.1)).
Part 4 contains further consequential provisions.
A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum has been prepared for this instrument and is available alongside this instrument on the UK legislation website: www.legislation.gov.uk.
2020 c. 29. See section 37 of the 2020 Act for the definition of “relevant national authority”.
1973 c. 51. Section 56(1) was amended by paragraph 17 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16). There are other amendments to section 56, but none are relevant to this instrument.
S.I. 2018/1395, as amended by S.I. 2019/741.
Cm 9699; the United Kingdom deposited its instrument of accession to the Interbus Agreement on 29th October 2020 and became a Contracting Party in its own right on 1st January 2021.
CP 426. The Trade and Cooperation Agreement can be found at: https://www.gov.uk/government/publications/ukeu-and-eaec-trade-and-cooperation-agreement-ts-no82021.
O.J. L No. 122, 5.5. 2023, p. 3. Copies of the RSR Protocol are available on request from International Market Access Team, Road Freight Strategy, Motoring and Freight Directorate, Road Transport Group, Department for Transport, 33 Horseferry Road, London, SW1P 2DR, or by email at rfs.correspondence@dft.gov.uk, or by using the contact form athttps://www.smartsurvey.co.uk/s/ZVVFD6/.
Schedule 1 was amended by S.I. 2011/2633 and 2634 and S.I. 2018/1395. There are other amendments, but none are relevant to this instrument.
Schedule 2 was amended by S.I. 2011/2633 and S.I. 2018/1395. Other amendments were made, but none are relevant.
S.I. 1975/1208, as amended by S.I. 2010/771. Other amendments have been made to article 5, but none are relevant to this instrument.
Subsection (1)(ea) was inserted by S.I. 1999/3413 and amended by S.I. 2011/2634 and S.I. 2019/741. Other amendments have been made to section 65, but none are relevant to this instrument.
Paragraph (f) was inserted by S.I. 1999/3413 and amended by S.I. 2011/2634 and S.I. 2019/741. Other amendments have been made to section 66, but none are relevant to this instrument.
There are amendments to section 82, but none are relevant to this instrument.
S.R. 2019 No. 27, as amended by S.I. 2019/973.
Cm 9699; the United Kingdom deposited its instrument of accession to the Interbus Agreement on 29th October 2020 and became a Contracting Party in its own right on 1st January 2021.
CP 426. The Trade and Cooperation Agreement can be found at: https://www.gov.uk/government/publications/ukeu-and-eaec-trade-and-cooperation-agreement-ts-no82021.
O.J. L No. 122, 5.5. 2023, p. 3. Copies of the RSR Protocol are available on request from International Market Access Team, Road Freight Strategy, Motoring and Freight Directorate, Road Transport Group, Department for Transport, 33 Horseferry Road, London, SW1P 2DR, or by email at rfs.correspondence@dft.gov.uk, or by using the contact form at https://www.smartsurvey.co.uk/s/ZVVFD6/.
Section 34(a) was amended by the Schedule to the Forgery and Counterfeiting Act 1981 (c. 45), by Schedule 4 to the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2 (N.I.)) (“the 2010 Act”), by S.R. 1977 No. 327, 2003 No. 217, 2005 No. 212 and 2019 No. 27. Section 34(b) was amended by paragraph 2 of Schedule 3, and Schedule 4, to the 2010 Act and by S.R. 1977 No. 327.
Section 35(f) was inserted by S.R. 2005 No. 212 and amended by S.R. 2019 No. 27.
Section 81(1) was amended by S.R. 2019 No. 27. There are other amendments to section 81(1) but none are relevant to this instrument.
There are amendments to Article 2(2) but none are relevant to this instrument.
Schedule 1 was amended by S.R. 1987 No. 383 and 2019 No. 27. There are other amendments to Schedule 1 but none are relevant to this instrument.
Schedule 2 was amended by S.R. 1987 No. 383, 2002 No. 116, 2013 No. 287 and 2019 No. 27. There are other amendments to Schedule 2, but none are relevant to this instrument.
EUR 2009/1071.
Paragraph 12 was inserted by S.I. 2022/293.
Section 4 was amended by section 18(1) of, and paragraph 3 of Schedule 1 to, the Transport Act (Northern Ireland) 2011 (c. 11).
EUR 2009/1073, as amended by S.I. 2019/741.
EUR 2014/361, as amended by S.I. 2019/741.