Regulation (EC) No 1072/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 1072/2009 of the European Parliament and of the Council

of 21 October 2009

on common rules for access to the international road haulage market

(recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

(1) A number of substantial changes are to be made to Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States(3), to Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State(4), and to Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road(5). In the interests of clarity and simplification, those legal acts should be recast and incorporated into one single regulation.

(2) The establishment of a common transport policy entails, inter alia, laying down common rules applicable to access to the market in the international carriage of goods by road within the territory of the Community, as well as laying down the conditions under which non-resident hauliers may operate transport services within a Member State. Those rules must be laid down in such a way as to contribute to the smooth operation of the internal transport market.

(3) To ensure a coherent framework for international road haulage throughout the Community, this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of loading or unloading as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit.

(4) The establishment of a common transport policy implies the removal of all restrictions against the person providing transport services on the grounds of nationality or the fact that he is established in a different Member State from the one in which the services are to be provided.

(5) In order to achieve this smoothly and flexibly, provision should be made for a transitional cabotage regime as long as harmonisation of the road haulage market has not yet been completed.

(6) The gradual completion of the single European market should lead to the elimination of restrictions on access to the domestic markets of Member States. Nevertheless, this should take into account the effectiveness of controls and the evolution of employment conditions in the profession, the harmonisation of the rules in the fields of, inter alia, enforcement and road user charges, and social and safety legislation. The Commission should closely monitor the market situation as well as the harmonisation mentioned above and propose, if appropriate, the further opening of domestic road transport markets, including cabotage.

(7) Under Directive 2006/94/EC, a certain number of types of carriage are exempt from Community authorisation and from any other carriage authorisation. Within the framework of the organisation of the market provided for by this Regulation, a system of exemption from the Community licence and from any other carriage authorisation should be maintained for some of those types of carriage, because of their special nature.

(8) Under Directive 2006/94/EC, the carriage of goods with vehicles of a maximum laden weight of between 3,5 tonnes and 6 tonnes was exempt from the requirement for a Community licence. Community rules in the field of road transport of goods, however, apply in general to vehicles with a maximum laden mass of more than 3,5 tonnes. Thus, the provisions of this Regulation should be aligned with the general scope of application of Community road transport rules and should only provide for an exemption for vehicles with a maximum laden mass of up to 3,5 tonnes.

(9) The international carriage of goods by road should be conditional on the possession of a Community licence. Hauliers should be required to carry a certified true copy of the Community licence aboard each of their vehicles in order to facilitate effective controls by enforcement authorities, especially those outside the Member State in which the haulier is established. To this end, it is necessary to lay down more detailed specifications as regards the layout and other features of the Community licence and the certified copies.

(10) Roadside checks should be carried out without direct or indirect discrimination on grounds of the nationality of the road transport operator or the country of establishment of the road transport operator or of registration of the vehicle.

(11) The conditions governing the issue and withdrawal of Community licences and the types of carriage to which they apply, their periods of validity and the detailed rules for their use should be determined.

(12) A driver attestation should also be established in order to allow Member States to check effectively whether drivers from third countries are lawfully employed or at the disposal of the haulier responsible for a given transport operation.

(13) Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage service should be permitted to carry out national transport services within a Member State on a temporary basis in conformity with this Regulation, without having a registered office or other establishment therein. When such cabotage operations are performed, they should be subject to Community legislation such as Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport(6) and to national law in force in specified areas in the host Member State.

(14) Provisions should be adopted to allow action to be taken in the event of serious disturbance of the transport markets affected. For that purpose it is necessary to introduce a suitable decision-making procedure and for the required statistical data to be collected.

(15) Without prejudice to the provisions of the Treaty on the right of establishment, cabotage operations consist of the provision of services by hauliers within a Member State in which they are not established and should not be prohibited as long as they are not carried out in a way that creates a permanent or continuous activity within that Member State. To assist the enforcement of this requirement, the frequency of cabotage operations and the period in which they can be performed should be more clearly defined. In the past, such national transport services were permitted on a temporary basis. In practice, it has been difficult to ascertain which services are permitted. Clear and easily enforceable rules are thus needed.

(16) This Regulation is without prejudice to the provisions concerning the incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States(7). National journeys by road within a host Member State which are not part of a combined transport operation as laid down in Directive 92/106/EEC fall within the definition of cabotage operations and should accordingly be subject to the requirements of this Regulation.

(17) The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services(8) apply to transport undertakings performing a cabotage operation.

(18) In order to perform efficient controls of cabotage operations, the enforcement authorities of the host Member States should, at least, have access to data from consignment notes and from recording equipment, in accordance with Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport(9).

(19) Member States should grant each other mutual assistance with a view to the sound application of this Regulation.

(20) Administrative formalities should be reduced as far as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of this Regulation. To this end, the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow the effective sanctioning of serious infringements committed in a host Member State. Penalties should be non-discriminatory and proportionate to the seriousness of the infringements. It should be possible to lodge an appeal in respect of any penalties imposed.

(21) Member States should enter in their national electronic register of road transport undertakings all serious infringements committed by hauliers which have led to the imposition of a penalty.

(22) In order to facilitate and strengthen the exchange of information between national authorities, Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator(10).

(23) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(11).

(24) In particular, the Commission should be empowered to adapt Annexes I, II and III to this Regulation to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(25) Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties.

(26) Since the objective of this Regulation, namely to ensure a coherent framework for international road haulage throughout the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Scope

[F1 1. This Regulation applies to the international carriage of goods by road for hire or reward for journeys partly carried out within the United Kingdom.

2. In the event of carriage from the United Kingdom to a Member State or to a third country and vice versa, this Regulation applies to any part of the journey within the territory of the United Kingdom.]

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. This Regulation shall apply to the national carriage of goods by road undertaken on a temporary basis by a non-resident haulier as provided for in Chapter III.

5. The following types of carriage and unladen journeys made in conjunction with such carriage shall not require a [F3 UK licence for the Community or a] Community licence and shall be exempt from any carriage authorisation:

(a) carriage of mail as a universal service;

(b) carriage of vehicles which have suffered damage or breakdown;

(c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed 3,5 tonnes;

(d) carriage of goods in motor vehicles provided the following conditions are fulfilled:

(i)

the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;

(ii)

the purpose of the journey is to carry the goods to or from the undertaking or to move them, either inside or outside the undertaking for its own requirements;

(iii)

motor vehicles used for such carriage are driven by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;

(iv)

the vehicles carrying the goods are owned by the undertaking, have been bought by it on deferred terms or have been hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road(12); and

(v)

such carriage is no more than ancillary to the overall activities of the undertaking;

(e) carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.

Point (d)(iv) of the first subparagraph shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used.

6. The provisions of paragraph 5 shall not affect the conditions under which a [F4 UK nationals may] engage in the activities referred to in that paragraph.

Textual Amendments

F1 Art. 1(1)(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 1(3) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(5) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1(6) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation:

1.

‘vehicle’ means a motor vehicle registered in [F5 the United Kingdom or] a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in [F5 the United Kingdom or] a Member State, used exclusively for the carriage of goods;

2.

‘international carriage’ means:

(a)

[F6 a laden journey undertaken by a vehicle where the point of departure is in the United Kingdom and the point of arrival is in a Member State, or vice versa, with or without transit through the United Kingdom or one or more Member States or third countries;

(b)

a laden journey undertaken by a vehicle from the United Kingdom to a third country or vice versa with or without transit through the United Kingdom or one or more Member States or third countries;

(c)

a laden journey undertaken by a vehicle where the point of departure is a Member State and the point of arrival is a third country, or vice versa, with transit through the United Kingdom;

(d)

a laden journey undertaken by a vehicle between third countries, with transit through the United Kingdom;

(e)

a laden journey undertaken by a vehicle between two Member States, with transit through the United Kingdom;F7 ...

(f)

an unladen journey in conjunction with the carriage referred to in points (a) to (e)][F8 ; or

(g)

a laden journey undertaken by a vehicle from the United Kingdom between two Member States which follows a journey referred to in point (a).]

3.

[F9 ‘host State’ means a State, including the United Kingdom or a Member State, in which the haulier operates other than the haulier’s State of establishment;]

4.

‘non-resident haulier’ means a road haulage undertaking which operates in a host F10 ... State;

5.

‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;

6.

‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host F11 ... State, in conformity with this Regulation;

7.

‘serious infringement of [F12 retained EU law]’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No 1071/2009 and/or to the temporary or permanent withdrawal of a [F13 UK licence for the Community or a] Community licence.

8.

[F14 ‘Community licence’ means a licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it applies in EU law as amended from time to time;

9.

‘the Northern Ireland department’ means the Department for Infrastructure;

10.

‘competent authority’ means in Great Britain, a traffic commissioner, and in Northern Ireland, the Northern Ireland department;

11.

‘EU driver attestation’ means a driver attestation issued under Article 5 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time;

12.

‘Minister’ means—

(a)

in relation to England, Scotland or Wales, the Secretary of State;

(b)

in relation to Northern Ireland, the Northern Ireland department;

13.

‘traffic commissioner’ has the same meaning as in the Public Passenger Vehicles Act 1981;

14.

‘Regulation (EC) No 1071/2009’ means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC.]

Textual Amendments

F5 Words in Art. 2(1) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 2(2)(a)-(f) substituted for Art. 2(2)(a)-(d) (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Art. 2(2) omitted (31.12.2020) by virtue of European Union (Future Relationship) Act 2020 (c. 29), ss. 24(2)(a), 40(7); S.I. 2020/1662, reg. 2(v)

F8 Art. 2(2)(g) and preceding word inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 24(2)(b), 40(7); S.I. 2020/1662, reg. 2(v)

F9 Art. 2(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in Art. 2(4) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in Art. 2(6) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(7) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(7) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 2(8)-(14) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(3)(f); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. INTERNATIONAL CARRIAGE

Article 3 U.K. General principle

 [F15 International carriage shall be carried out subject to possession of a UK licence for the Community or a Community licence issued by a Member State and, if the driver is a national of a third country, in conjunction with a driver attestation issued in accordance with this Regulation or an EU driver attestation.]

Textual Amendments

F15 Words in Art. 3 substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. [F16 UK licence for the Community]

[F17 1. The UK licence for the Community must be issued by a competent authority in accordance with this Regulation to any haulier carrying goods by road for hire or reward who:

(a) is established in the area, region, or country within the UK for which that competent authority exercises its powers in accordance with UK legislation; and

(b) is entitled, in accordance with UK legislation concerning admission to the occupation of road haulage operator, to carry out the international carriage of goods by road.

2. A UK licence for the Community must be issued for renewable periods of up to 10 years.

Community licences and certified copies issued to hauliers established in the United Kingdom under Regulation (EC) 1071/2009 and valid before the exit day will remain valid and treated as a UK licence for the Community until the date of their expiry.

The Minister may by regulations adjust the period of validity of the UK licence for the Community to take account of technical progress, in particular, in the national electronic registers of road transport undertakings as provided for in Article 16 of Regulation (EC) No 1071/2009.

3. A competent authority must issue the holder with the original of the UK licence for the Community, which must be kept by the haulier, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the UK licence for the Community, whether those vehicles are wholly owned or, for example, held under a hire purchase, hire or leasing contract.]

4. The [F18 UK licence for the Community] and the certified true copies shall correspond to the model set out in Annex II, which also lays down the conditions governing its use. They shall contain at least two of the security features listed in Annex I.

[F19 The Minister may by regulations adapt Annexes 1 and 2 to take account of technical progress.]

5. The [F20 UK licence for the Community] and the certified true copies thereof shall bear the seal of the [F20 competent authority] as well as a signature and a serial number. The serial numbers of the [F20 UK licence for the Community] and of the certified true copies shall be recorded in the national electronic register of road transport undertakings as part of the data relating to the haulier.

6. The [F21 UK licence for the Community] shall be issued in the name of the haulier and shall be non-transferable. A certified true copy of the [F21 UK licence for the Community] shall be kept in each of the haulier’s vehicles and shall be presented at the request of any authorised inspecting officer.

In the case of a coupled combination of vehicles, the certified true copy shall accompany the motor vehicle. It shall cover the coupled combination of vehicles even where the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or where it is registered or authorised to use the roads in another State.

[F22 7. Regulations under this Article may—

(a) include supplementary, incidental, consequential, transitional, transitory or saving provision: and

(b) make different provision for different cases.]

Textual Amendments

F16 Words in Art. 4 heading substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 4(1)-(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 4(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(5)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 4(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 4(5) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 4(6) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(5)(e); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 4(7) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(5)(f); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Driver attestation

F23 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 1A. A driver attestation must be issued by the Minister in accordance with this Regulation to any haulier who:

(a) is the holder of a UK licence for the Community;

(b) employs a driver who is lawfully permitted to seek employment in the United Kingdom; and

(c) has employed that driver in compliance with any conditions of employment and vocational training laid down in the United Kingdom.]

F25 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26 2A. The driver attestation must be issued, at the request of the holder of the UK licence for the Community, for each driver who is not a national of the United Kingdom, a Member State or the EEA, nor a person lawfully in the United Kingdom who has a right to work in the United Kingdom whom that haulier lawfully employs, or who is put at the disposal of the haulier. Each driver attestation must certify that the driver named therein is employed in accordance with the conditions laid down in paragraph 1.]

3. The driver attestation shall correspond to the model set out in Annex III. It shall contain at least two of the security features listed in Annex I.

[F27 4. The Minister may by regulation adapt Annex 3 to take account of technical progress.]

5. The driver attestation shall bear the seal of the issuing authority as well as a signature and a serial number. The serial number of the driver attestation may be recorded in the national electronic register of road transport undertakings as part of the data relating to the haulier who puts it at the disposal of the driver designated therein.

[F28 6. The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a UK licence for the Community issued to that haulier. A certified true copy of the driver attestation issued under this Regulation shall be kept at the haulier’s premises. An EU driver attestation shall be presented to any authorised inspecting officer if that officer requests it.

7. The Minister must determine the period of validity of a driver attestation, subject to a maximum validity of 5 years.

The driver attestation must be valid only as long as the conditions under which it was issued are satisfied. If those conditions are no longer satisfied, the Minister may require the haulier to return the driver attestation immediately.]

[F29 8. Regulations under this Article may—

(a) include supplementary, incidental, consequential, transitional, transitory or saving provision: and

(b) make different provision for different cases.]

Textual Amendments

F23 Art. 5(1) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 5(1A) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 5(2) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F26 Art. 5(2A) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 5(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F28 Art. 5(6)(7) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(d); 2020 c. 1, Sch. 5 para. 1(1)

F29 Art. 5(8) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(e); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Verification of conditions

1. Whenever an application for a [F30 UK licence for the Community] or an application for renewal of a [F30 UK licence for the Community] in accordance with Article 4(2) is lodged, the competent [F31 authority] shall verify whether the haulier satisfies or continues to satisfy the conditions laid down in Article 4(1).

2. The [F32 Minister must] regularly verify, by carrying out checks each year covering at least 20 % of the valid driver attestations issued F33 ..., whether the conditions, referred to in Article 5(1), under which a driver attestation has been issued are still satisfied.

Textual Amendments

F30 Words in Art. 6(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F31 Word in Art. 6(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 6(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 6(2) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Refusal to issue and withdrawal of [F34 UK licence for the Community] and driver attestation

[F35 1. If the conditions laid down in Article 4(1) are not satisfied, the competent authority must reject an application for the issue or renewal of a UK licence for the Community by means of a reasoned decision in each case. If the conditions referred to in Article 5(1) are not satisfied, the Minister must reject an application to issue a driver attestation by means of a reasoned decision in each case.]

2. [F36 A competent authority must withdraw a UK licence for the Community, or the Secretary of State or the Northern Ireland department must withdraw a driver attestation, where the holder:]

(a) no longer satisfies the conditions laid down in Article 4(1) or those referred to in Article 5(1); or

(b) has supplied incorrect information in relation to an application for a [F37 UK licence for the Community] or for a driver attestation.

Textual Amendments

F34 Words in Art. 7 heading substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F35 Art. 7(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 7(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 7(2)(b) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. CABOTAGE

Article 8 U.K. General principle

1. Any haulier for hire or reward who is a holder of a Community licence and whose driver, if he is a national of a third country, holds a driver attestation, shall be entitled, under the conditions laid down in this Chapter, to carry out cabotage operations [F38 within the United Kingdom].

2. Once the goods carried in the course of an incoming international carriage have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to [F39 two cabotage operations] following the international carriage from another Member State or from a third country to the [F40 United Kingdom]. The last unloading in the course of a cabotage operation before leaving the [F40 United Kingdom] shall take place within 7 days from the last unloading in the [F40 United Kingdom] in the course of the incoming international carriage.

[F41 Within the time limit referred to in the first subparagraph, hauliers are limited to carrying out one cabotage operation out of the [F39 two cabotage operations] permitted in the United Kingdom within 3 days of the unladen entry into the territory of the United Kingdom.]

3. National road haulage services carried out in the [F42 United Kingdom] by a non-resident haulier shall only be deemed to conform with this Regulation if the haulier can produce clear evidence of the incoming international carriage and of each consecutive cabotage operation carried out.

Evidence referred to in the first subparagraph shall comprise the following details for each operation:

(a) the name, address and signature of the sender;

(b) the name, address and signature of the haulier;

(c) the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered;

(d) the place and the date of taking over of the goods and the place designated for delivery;

(e) the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description, as well as the number of packages and their special marks and numbers;

(f) the gross mass of the goods or their quantity otherwise expressed;

(g) the number plates of the motor vehicle and trailer.

4. No additional document shall be required in order to prove that the conditions laid down in this Article have been met.

5. Any haulier entitled in the Member State of establishment, in accordance with that Member State’s legislation, to carry out the road haulage operations for hire or reward specified in Article 1(5)(a), (b) and (c) shall be permitted, under the conditions set out in this Chapter, to carry out, as the case may be, cabotage operations of the same kind or cabotage operations with vehicles in the same category.

6. Permission to carry out cabotage operations, within the framework of the types of carriage referred to in Article 1(5)(d) and (e), shall be unrestricted.

Textual Amendments

F38 Words in Art. 8(1) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 8(2) substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 24(3), 40(7); S.I. 2020/1662, reg. 2(v)

F40 Words in Art. 8(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in Art. 8(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 8(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Rules applicable to cabotage operations

1. The performance of cabotage operations shall be subject, save as otherwise provided in [F43 retained EU law], to the laws, regulations and administrative provisions in force in the [F44 United Kingdom] with regard to the following:

(a) the conditions governing the transport contract;

(b) the weights and dimensions of road vehicles;

(c) the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals;

(d) the driving time and rest periods;

(e) the value added tax (VAT) on transport services.

[F45 The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the haulier’s Member State of establishment, but they may under no circumstances exceed the limits set by the United Kingdom.]

2. The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident hauliers under the same conditions as those imposed on hauliers established in the [F46 United Kingdom], so as to prevent any discrimination on grounds of nationality or place of establishment.

Textual Amendments

F43 Words in Art. 9(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(10)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 9(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(10)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 9(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 9(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Safeguard procedure

[F47 1. In the event of serious disturbance of the national transport market in a given geographical area due to, or aggravated by, cabotage, the Secretary of State may consider whether or not safeguard measures are necessary and may by Order provide for measures as regards operations carried on by resident or non-resident hauliers.]

2. For the purposes of paragraph 1:

• ‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of hauliers,

• [F48 ‘geographical area’ means an area covering all or part of the territory of any part of the United Kingdom.]

3. [F49 The Secretary of State may consider whether or not safeguard measures are necessary with a view to adopting them if they are necessary.]

Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation.

Measures adopted in accordance with this Article shall remain in force for a period not exceeding 6 months, renewable once within the same limits of validity.

F50 ...

[F51 4. The Secretary of State must consult the competent authority and such other persons as the Secretary of State thinks fit before making any Order under paragraph 1.]

F52 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53 5A. Where the Secretary of State considers that the measures adopted by Order pursuant to paragraph 1 need to be prolonged beyond the period provided for in the third subparagraph of paragraph 3, the Secretary of State must publish a consultation document relating to the proposal to so extend the measures. The proposals must set out:

(a) the reasons why it is necessary to extend the measures;

(b) the forecasted economic impact of the measures on hauliers;

(c) the expected time after which the need for measures to continue must be reviewed.]

F54 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F55 7. If after considering the responses to the consultation carried out in accordance with paragraph 5A, the Secretary of State decides that it is appropriate to continue the safeguard measures beyond the period provided in paragraph 3, or to institute alternative measures, the Secretary of State may by regulations continue those measures or adopt alternative measures.

8. The powers conferred by this Article on the Secretary of State shall be exercisable by statutory instrument except in the case of any Order made under paragraph 1 or renewed under paragraph 3.

9. Any regulations under this Article may—

(a) include supplementary, incidental, consequential, transitional, transitory or saving provision: and

(b) make different provision for different cases.]

Textual Amendments

F47 Art. 10(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 10(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 10(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 10(3) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F51 Art. 10(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(d); 2020 c. 1, Sch. 5 para. 1(1)

F52 Art. 10(5) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(e); 2020 c. 1, Sch. 5 para. 1(1)

F53 Art. 10(5A) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(f); 2020 c. 1, Sch. 5 para. 1(1)

F54 Art. 10(6) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(g); 2020 c. 1, Sch. 5 para. 1(1)

F55 Art. 10(7)-(9) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(h); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. MUTUAL ASSISTANCE AND PENALTIES

F56 Article 11 U.K. Mutual assistance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Art. 11 omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(12); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Sanctioning of infringements F57 ...

1. [F58 In the event that a competent authority is notified of a serious infringement of this Regulation, or Regulation (EC) 1072/2009 as it applies in the EU and amended from time to time, by any haulier who is established in the United Kingdom, the appropriate competent authority for that haulier must take appropriate action which may include a warning to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:]

(a) temporary or permanent withdrawal of some or all of the certified true copies of the [F59 UK licence for the Community];

(b) temporary or permanent withdrawal of the [F59 UK licence for the Community].

These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the [F59 UK licence for the Community] and to the total number of certified true copies of that licence that he holds in respect of international traffic.

2. [F60 In the event that the Minister, is notified of a serious infringement regarding any misuse whatsoever of driver attestations by a haulier who is established in the UK, the Minister must impose appropriate penalties, such as:]

(a) suspending the issue of driver attestations;

(b) withdrawing driver attestations;

(c) making the issue of driver attestations subject to additional conditions in order to prevent misuse;

(d) withdrawing, temporarily or permanently, some or all of the certified true copies of the [F61 UK licence for the Community];

(e) withdrawing, temporarily or permanently, the [F61 UK licence for the Community].

These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the [F61 UK licence for the Community].

3. The [F62 relevant UK authorities must communicate to the relevant] authorities of the Member State in which the infringement was ascertained, as soon as possible and at the latest within 6 weeks of their final decision on the matter, which, if any, of the penalties provided for in paragraphs 1 and 2 have been imposed.

If such penalties are not imposed, the [F63 relevant UK authorities must] state the reasons therefor.

4. The [F64 relevant UK authorities must] ensure that the penalties imposed on the haulier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties, taking into account any penalty for the same infringement imposed in the Member State in which the infringement was ascertained.

[F65 5. The relevant UK authority may also bring proceedings against the haulier before a competent national court or tribunal. The relevant UK authority must inform the relevant authority of the host Member State of any decisions taken to this effect.]

6. [F66 Hauliers] have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

[F67 7. In this Article, ‘relevant UK authority’ means:

(a) a competent authority dealing with any matter for the purposes of paragraph 1;

(b) the Minister dealing with any matter for the purposes of paragraph 2.]

Textual Amendments

F57 Words in Art. 12 heading deleted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(a); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Art. 12(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 12(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 12(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F61 Words in Art. 12(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F62 Words in Art. 12(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F63 Words in Art. 12(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in Art. 12(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(e); 2020 c. 1, Sch. 5 para. 1(1)

F65 Art. 12(5) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(f); 2020 c. 1, Sch. 5 para. 1(1)

F66 Word in Art. 12(6) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(g); 2020 c. 1, Sch. 5 para. 1(1)

F67 Art. 12(7) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(13)(h); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Sanctioning of infringements by the host Member State

1. [F68 Where the Minister is aware of a serious infringement of this Regulation or of any retained direct EU legislation attributable to a non-resident haulier, the Minister must transmit to the relevant authorities of the haulier’s Member State of establishment, as soon as possible and at the latest within 6 weeks of the Minister’s final decision on the matter, the following information:]

(a) a description of the infringement and the date and time when it was committed;

(b) the category, type and seriousness of the infringement; and

(c) the penalties imposed and the penalties executed.

The [F69 Minister may request the relevant] authorities of the Member State of establishment to impose administrative penalties in accordance with Article 12 [F70 of Regulation (EC) 1072/2009 as it has effect in EU law].

F71 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Words in Art. 13(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F69 Words in Art. 13(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(14)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 13(1) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(14)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F71 Art. 13(2) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F72 Art. 13(3) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Entry in the national electronic registers

 [F73 The Minister must ensure that serious infringements of United Kingdom or EU road transport legislation committed by hauliers established in the United Kingdom, which have led to the imposition of a penalty by the United Kingdom or any Member State, as well as any temporary or permanent withdrawal of a UK licence for the Community or of a certified true copy thereof, are recorded in the national electronic register of road transport undertakings. Entries in the register which concern a temporary or permanent withdrawal of a UK licence for the Community must remain in the database for 2 years from the time of the expiry of the period of withdrawal, in the case of temporary withdrawal, or from the date of withdrawal, in the case of permanent withdrawal.]

Textual Amendments

F73 Words in Art. 14(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(15); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. IMPLEMENTATION

F74 Article 15 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Art. 15 omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(16); 2020 c. 1, Sch. 5 para. 1(1)

[F75 Article 15A U.K. Regulations made by the Secretary of State: consultation and procedure

1. Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.

2. Before the Secretary of State makes regulations under Article 4, Article 5 or Article 10, which apply to Great Britain, the Secretary of State must consult—

(a) the traffic commissioners for England, Scotland and Wales;

(b) such other persons as the Secretary of State considers appropriate.

3. Before the Secretary of State makes regulations under Article 4, Article 5 or Article 10, which apply to Northern Ireland, the Secretary of State must consult—

(a) the Northern Ireland department;

(b) such other persons as the Secretary of State considers appropriate.

4. A statutory instrument containing regulations under these Regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F75 Arts. 15A, 15B inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(17); 2020 c. 1, Sch. 5 para. 1(1)

Article 15B U.K. Regulations made by the Northern Ireland department: consultation and procedure

1. Any power to make regulations conferred on the Northern Ireland department by this Regulation is exercisable by statutory rule for the purpose of the Statutory Rules (Northern Ireland) Order 1979.

2. Before the Northern Ireland department makes regulations under Article 4 or Article 5, the Northern Ireland department must consult such other persons as that department considers appropriate.

3. Regulations may not be made by the Northern Ireland department under these Regulations unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.]

Textual Amendments

F75 Arts. 15A, 15B inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(17); 2020 c. 1, Sch. 5 para. 1(1)

F76 Article 16 U.K. Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Art. 16 omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(18); 2020 c. 1, Sch. 5 para. 1(1)

F77 Article 17 U.K. Reporting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Art. 17 omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(18); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VI U.K. FINAL PROVISIONS

Article 18 U.K. Repeals

Regulations (EEC) No 881/92 and (EEC) No 3118/93 and Directive 2006/94/EC are hereby repealed.

References to the repealed Regulations and Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.

F78 Article 19 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Art. 19 omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(18); 2020 c. 1, Sch. 5 para. 1(1)

F79 ...

Textual Amendments

F79 Words in signature omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(18); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K. Security features of the [F80 UK licence for the Community] Community licence and the driver attestation

Textual Amendments

F80 Words in Annex 1 heading substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(19); 2020 c. 1, Sch. 5 para. 1(1)

The [F81 UK licence for the Community] Community licence and the driver attestation must have at least two of the following security features:

Textual Amendments

F81 Words in Annex 1 substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(19); 2020 c. 1, Sch. 5 para. 1(1)

• a hologram,

• special fibres in the paper which become visible under UV-light,

• at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines),

• tactile characters, symbols or patterns,

• double numbering: serial number of the [F81 UK licence for the Community] Community licence, of the certified copy thereof or of the driver attestation as well as, in each case, the issue number,

• a security design background with fine guilloche patterns and rainbow printing.

[F82 ANNEX 2 U.K. F83 UK licence for the Community model]

Textual Amendments

F82 Annexes 2, 3 substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), reg. 1(1), Sch. 2; 2020 c. 1, Sch. 5 para. 1(1)

F83 Model licence set out in Annex 2 substituted with model licence set out in Part B of Appendix Road.A.1.3 to Annex Road-1 to the Trade and Cooperation Agreement (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 23, 40(7); S.I. 2020/1662, reg. 2(u)

[F82 ANNEX 3 U.K. Driver attestation model]

ANNEX IV U.K. Correlation Table

Regulation (EEC) No 881/92	Regulation (EEC) No 3118/93	Directive 2006/94/EC	This Regulation
Article 1(1)			Article 1(1)
Article 1(2)			Article 1(2)
Article 1(3)			Article 1(3)
Annex II		Article 1(1) and (2), Annex I; Article 2	Article 1(5)
		Article 2	Article 1(6)
Article 2			Article 2
Article 3(1)			Article 3
Article 3(2)			Article 4(1)
Article 3(3)			Article 5(1)
Article 4
Article 5(1)			Article 4(2)
Article 5(2)			Article 4(3)
Article 5(3)			Article 4(4)
			Article 4(5)
Article 5(4), Annex I			Article 4(6)
Article 5(5)			Article 4(2)
Article 6(1)			Article 5(2)
Article 6(2)			Article 5(2)
Article 6(3)			Article 5(3)
Article 6(4)			Article 5(6)
Article 6(5)			Article 5(7)
Article 7			Article 6
Article 8(1)			Article 7(1)
Article 8(2)			Article 7(2)
Article 8(3)			Article 12(1)
Article 8(4)			Article 12(2)
Article 9(1) and (2)			Article 12(6)
	Article 1(1)		Article 8(1)
	Article 1(2)		Article 8(5)
	Article 1(3) and (4)		Article 8(6)
	Article 2
	Article 3
	Article 4
	Article 5
	Article 6(1)		Article 9(1)
	Article 6(2)
	Article 6(3)		Article 9(2)
	Article 6(4)
	Article 7		Article 10
Article 10			Article 17(1)
Article 11(1)	Article 8(1)		Article 11
Article 11(2)			Article 13(1)
Article 11(3)			Article 12(4)
Article 11a
	Article 8(2) and (3)		Article 13(2)
	Article 8(4), first and third subparagraphs
	Article 8(4), second subparagraph		Article 12(4)
	Article 8(4), fourth and fifth subparagraphs		Article 12(5)
	Article 9		Article 13(3)
Article 12			Article 18
Article 13
Article 14	Article 10
	Article 11
Article 15	Article 12	Article 4	Article 19
		Article 3
		Article 5
		Annex II, III
Annex I			Annex II
Annex III			Annex III
	Annex I
	Annex II
	Annex III
	Annex IV

(1)

OJ C 204, 9.8.2008, p. 31.

(2)

Opinion of the European Parliament of 21 May 2008 (not yet published in the Official Journal), Council Common Position of 9 January 2009 (OJ C 62 E, 17.3.2009, p. 46), Position of the European Parliament of 23 April 2009 (not yet published in the Official Journal) and Council Decision of 24 September 2009.

(3)

OJ L 95, 9.4.1992, p. 1.

(4)

OJ L 279, 12.11.1993, p. 1.

(5)

OJ L 374, 27.12.2006, p. 5.

(6)

OJ L 102, 11.4.2006, p. 1.

(7)

OJ L 368, 17.12.1992, p. 38.

(8)

OJ L 18, 21.1.1997, p. 1.

(9)

OJ L 370, 31.12.1985, p. 8.

(10)

See page 51 of this Official Journal.

(11)

OJ L 184, 17.7.1999, p. 23.

(12)

OJ L 33, 4.2.2006, p. 82.