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

Article 2 U.K. Definitions

For the purposes of this Regulation:

1.

‘vehicle’ means a motor vehicle registered in [F1 the United Kingdom or] a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in [F1 the United Kingdom or] a Member State, used exclusively for the carriage of goods;

2.

‘international carriage’ means:

(a)

[F2 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;F3 ...

(f)

an unladen journey in conjunction with the carriage referred to in points (a) to (e)][F4 ; 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.

[F5 ‘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 F6 ... 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 F7 ... State, in conformity with this Regulation;

7.

‘serious infringement of [F8 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 [F9 UK licence for the Community or a] Community licence.

8.

[F10 ‘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

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)