Regulation (EC) No 1073/2009 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Scope

1. This Regulation shall apply to the international carriage of passengers by coach and bus [F1 between the United Kingdom and] the territory of the Community by carriers for hire or reward or by own-account carriers established in a Member State in accordance with its law, using vehicles which are registered in that Member State and are suitable and intended, by virtue of their construction and equipment, to carry more than nine persons, including the driver, and to the movement of such vehicles when empty in connection with such carriage.

A change of vehicle or an interruption of carriage to enable part of a journey to be made by another means of transport shall not affect the application of this Regulation.

2. In the event of carriage from a Member State to a third country and vice versa, this Regulation shall apply to [F2 any] part of the journey [F3 within the United Kingdom.]F4 ...

F5 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. This Regulation shall apply to F6 ... road passenger services [F7 within the United Kingdom] for hire or reward operated on a temporary basis by a F8 ... carrier [F9 established in a Member State] as provided for in Chapter V.

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Art. 1(2) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(2) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1(2) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 1(3) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 1(4) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 1(4) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Art. 1(4) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 1(4) inserted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(2)(d)(iv); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘international carriage’ means:

(a)

a journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with [F10 transit through the United Kingdom and with] or without transit through one or more Member States or third countries;

(aa)

[F11 a journey undertaken by a vehicle the point of departure or the point of arrival of which is in the United Kingdom and the point of arrival or the point of departure of which is in a Member State, with or without transit through one or more Member States or third countries;]

(b)

a journey undertaken by a vehicle of which the point of departure and the point of arrival are in [F12 the United Kingdom or] the same Member State, while the picking up or setting down of passengers is in [F13 the United Kingdom or] another Member State or in a third country;

(c)

a journey undertaken by a vehicle from a Member State to a third country or vice versa, with [F14 transit through the United Kingdom and with] or without transit through one or more Member States or third countries; F15 ...

(cc)

[F16 a journey undertaken by a vehicle from the United Kingdom to a third country or vice versa, with transit through one or more Member States and with or without transit through one or more Member States or third countries; or]

(d)

a journey undertaken by a vehicle between third countries, with transit through [F17 the United Kingdom and] the territory of one or more Member States;

2.

‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points;

3.

‘special regular services’ means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers;

4.

‘occasional services’ means services which do not fall within the definition of regular services, including special regular services, and the main characteristic of which is the carriage of groups of passengers constituted on the initiative of the customer or the carrier himself;

5.

‘own-account transport operations’ means operations carried out for non-commercial and non-profit-making purposes by a natural or legal person, whereby:

• the transport activity is only an ancillary activity for that natural or legal person, and

• the vehicles used are the property of that natural or legal person or have been obtained by that person on deferred terms or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself or by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;

6.

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

‘cabotage operations’ means either:

• F19 ... road passenger services for hire and reward carried out on a temporary basis [F20 in the United Kingdom] by a carrier [F21 established] in a F22 ... Member State, or

• the picking up and setting down of passengers within [F23 the United Kingdom by a carrier established in a] Member State, in the course of a regular international service, in compliance with the provisions of this Regulation, provided that it is not the principal purpose of the service;

8.

‘serious infringement of [F24 retained EU law relating to road transport or] Community road transport legislation’ 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 Community licence.

9.

[F25 ‘EU Regulation 1073/2009’ means 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 (recast), as that Regulation has effect in EU law;

10.

‘EU Regulation 361/2014’ means Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98, as that Regulation has effect in EU law;

11.

‘third country’ means a country other than the United Kingdom or a Member State.

Any reference in this Regulation to an EU instrument or to a particular provision of such an instrument:

(a)

is a reference to that instrument or provision as amended from time to time, and

(b)

if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it.

The provisions of this Regulation shall, for the purposes of the EEA Agreement, be read with the following adaptations:

(a)

The licences issued by Iceland, Liechtenstein and Norway in accordance with EU Regulation 1073/2009, as adapted in Appendix 4 to Annex XIII of the EEA Agreement, as that Annex has effect in EU law, shall be recognised.

(b)

The text of Article 16(1)(e) shall be replaced by the following:

“VAT (value added tax) or turnover tax on transport services.”]

Textual Amendments

F10 Words in Art. 2(1)(a) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 2(1)(aa) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(1)(b) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(1)(b) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(1)(c) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in Art. 2(1)(c) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 2(1)(cc) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 2(1)(d) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(vi); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 2(6) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F19 Word in Art. 2(7) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 2(7) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F21 Word in Art. 2(7) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F22 Word in Art. 2(7) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 2(7) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 2(8) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 2(9)-(11) and words inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(e); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Freedom to provide services

1. Any carrier for hire or reward referred to in Article 1 shall be permitted in accordance with this Regulation to carry out regular services [F26 between the United Kingdom and the territory of the Community], including special regular services and occasional services by coach and bus, without discrimination on grounds of nationality or place of establishment if he:

(a) is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services, or occasional services by coach and bus, in accordance with the market access conditions laid down by [F27 the] legislation [F28 of that Member State];

(b) satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations; and

(c) meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community(1), Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic(2) and Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers(3) [F29 , as those Directives have effect in EU law].

2. Any own-account carrier referred to in Article 1 shall be permitted to carry out the transport services pursuant to Article 5(5) without discrimination on grounds of nationality or place of establishment if he:

(a) is authorised in the Member State of establishment to undertake carriage by coach and bus in accordance with the market-access conditions laid down in [F30 the] legislation [F31 of that Member State]; and

(b) meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Directives 92/6/EEC, 96/53/EC and 2003/59/EC [F32 , as those Directives have effect in EU law].

Textual Amendments

F26 Words in Art. 3(1) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F27 Word in Art. 3(1)(a) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(4)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 3(1)(a) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(4)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 3(1)(c) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(4)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F30 Word in Art. 3(2)(a) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(4)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 3(2)(a) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(4)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 3(2)(b) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. COMMUNITY LICENCE AND MARKET ACCESS

Article 4 U.K. Community licence

1. International carriage of passengers by coach and bus [F33 by a carrier established in a Member State] shall be carried out [F34 within the United Kingdom] subject to possession [F35 by that carrier] of a Community licence issued by the competent authorities of the Member State of establishment [F36 in accordance with Article 4 of EU Regulation 1073/2009].

F37 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. F38 ... A certified true copy of the Community licence shall be kept in each of the carrier’s vehicles and shall be presented at the request of any authorised inspecting officer.

F39 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Words in Art. 4(1) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 4(1) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 4(1) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 4(1) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(5)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F37 Art. 4(2) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 4(3) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F39 Art. 4(4)-(8) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Access to the market

1. Regular services shall be open to all, subject, where appropriate, to compulsory reservation.

Such services shall be subject to authorisation in accordance with the provisions of Chapter III.

Regular services from [F40 the United Kingdom] to a third country and vice versa shall be subject to authorisation in accordance with the bilateral agreement between the [F41 United Kingdom] and the third country F42 ....

The regular nature of the service shall not be affected by any adjustment to the service operating conditions.

The organisation of parallel or temporary services, serving the same public as existing regular services, the non-serving of certain stops and the serving of additional stops on existing regular services shall be governed by the same rules as those applicable to existing regular services.

[X1 2. Special regular services shall include in particular:

(a) the carriage of workers between home and work;

(b) the carriage of school pupils and students to and from the educational institution.

The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.

Special regular services shall not be subject to authorisation in accordance with Chapter III where they are covered by a contract concluded between the organiser and the carrier.]

3. Occasional services shall not require authorisation in accordance with Chapter III.

However, the organisation of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorisation in accordance with the procedure laid down in Chapter III.

Occasional services shall not cease to be occasional services solely on the grounds that they are provided at certain intervals.

Occasional services may be provided by a group of carriers acting on behalf of the same contractor, and travellers may catch a connection en route, with a different carrier of the same group, [F43 within the United Kingdom].

F44 ...

4. Empty journeys by vehicles in connection with the transport operations referred to in the third subparagraph of paragraph 2, and in the first subparagraph of paragraph 3, shall likewise not require authorisation.

[F45 5. Own-account transport operations by any vehicle which is registered in a Member State shall be exempt from authorisation but shall be carried out within the United Kingdom subject to possession of a certificate issued by the competent authorities of the Member State in which the vehicle is registered in accordance with Article 5(5) of EU Regulation 1073/2009 and Article 9 of EU Regulation 361/2014, which shall be valid for the entire journey including transit.]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 300 of 14 November 2009).

Textual Amendments

F40 Words in Art. 5(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in Art. 5(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 5(1) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(6)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 5(3) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 5(3) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F45 Art. 5(5) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. REGULAR SERVICES SUBJECT TO AUTHORISATION

Article 6 U.K. Nature of authorisation

1. Authorisations shall be issued in the name of the carrier and shall be non-transferable. However, a carrier who has received an authorisation may, with the consent of the competent authority of the [F46 United Kingdom], hereinafter referred to as the ‘authorising authority’, operate the service through a subcontractor. In this case, the name of the subcontractor and its role shall be indicated in the authorisation. The subcontractor shall satisfy the conditions laid down in Article 3(1). F47 ...

In the case of undertakings associated for the purpose of operating a regular service, the authorisation shall be issued in the names of all the undertakings and shall state the names of all the operators. It shall be given to the undertaking that manages the operation and copies shall be given to the other undertakings.

2. The period of validity of an authorisation shall not exceed 5 years. It may be set at less either at the request of the applicant or by F48 ... the [F49 authorising authority]F50 ....

3. Authorisations shall specify the following:

(a) the type of service;

(b) the route of the service, giving in particular the point of departure and the point of arrival;

(c) the period of validity of the authorisation;

(d) the stops and the timetable.

[F51 4. Authorisations shall be in the format prescribed by Article 8 of EU Regulation 361/2014.]

5. Authorisations shall entitle their holder(s) to operate regular services in the [F52 areas of the United Kingdom] over which the routes of the service pass.

6. The operator of a regular service may use additional vehicles to deal with temporary and exceptional situations. Such additional vehicles may be used only under the same conditions as set out in the authorisation referred to in paragraph 3.

In this case, the carrier shall ensure that the following documents are carried on the vehicle:

(a) a copy of the authorisation of the regular service;

(b) a copy of the contract between the operator of the regular service and the undertaking providing the additional vehicles or an equivalent document;

(c) a certified true copy of the Community licence issued to the operator providing the additional vehicles for the service.

Textual Amendments

F46 Words in Art. 6(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 6(1) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 6(2) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 6(2) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 6(2) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(7)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F51 Art. 6(4) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 6(5) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(7)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Submission of application for authorisation

1. Applications for authorisation of regular services shall be submitted to the authorising authority.

[F53 2. Applications shall be in the format prescribed by Article 7 of EU Regulation 361/2014.]

3. Persons applying for authorisation shall provide any further information which they consider relevant or which is requested by the authorising authority, in particular a driving schedule making it possible to monitor compliance with [F54 retained EU law] on driving and rest periods and a copy of the Community licence.

Textual Amendments

F53 Art. 7(2) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 7(3) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Authorising procedure

F55 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The authorising authority shall take a decision on the application within 4 months of the date of submission of the application by the carrier.

4. Authorisation shall be granted unless:

(a) the applicant is unable to provide the service which is the subject of the application with equipment directly available to him;

(b) the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of [F57 retained EU law relating to road transport or] Community road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers;

(c) in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with;

(d) [F58 the authorising authority] decides on the basis of a detailed analysis [F59 and non-discriminatory criteria] that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts conforming to [F60 retained EU] law on the direct sections concerned. F61 ...;

(e) [F62 the authorising authority] decides on the basis of a detailed analysis that the principal purpose of the service is not to carry passengers between stops located in [F63 the United Kingdom and a] Member [F64 State].

In the event that an existing international coach and bus service is seriously affecting the viability of a comparable service covered by one or more public service contracts conforming to [F65 retained EU] law on the direct sections concerned, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation, [F66 the authorising authority] may F67 ... suspend or withdraw the authorisation to run the international coach and bus service after having given 6 months’ notice to the carrier.

The fact that a carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers shall not in itself constitute justification for rejecting the application.

5. The authorising authority F68 ... may refuse applications only on the basis of reasons provided for in this Regulation.

6. Having completed the procedure laid down in paragraphs [F69 3] to 5, the authorising authority shall grant the authorisation or formally refuse the application.

Decisions refusing an application shall state the reasons on which they are based. [F70 Transport undertakings may make representations in the event of their application being refused.]

F71 ...

F72 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Art. 8(1) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F56 Art. 8(2) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F57 Words in Art. 8(4)(b) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Art. 8(4)(d) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 8(4)(d) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 8(4)(d) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F61 Words in Art. 8(4)(d) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(ii)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F62 Words in Art. 8(4)(e) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F63 Words in Art. 8(4)(e) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F64 Word in Art. 8(4)(e) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(b)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 8(4) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 8(4) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F67 Words in Art. 8(4) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 8(5) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(d); 2020 c. 1, Sch. 5 para. 1(1)

F69 Word in Art. 8(6) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 8(6) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in Art. 8(6) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F72 Art. 8(7)-(9) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(9)(f); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Renewal and alteration of authorisation

Article 8 shall apply, mutatis mutandis, to applications for the renewal of authorisations or for alteration of the conditions under which the services subject to authorisation must be carried out.

F73 ...

Textual Amendments

F73 Words in Art. 9 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Lapse of an authorisation

1. Without prejudice to the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road(4), an authorisation for a regular service shall lapse at the end of its period of validity or 3 months after the authorising authority has received notice from its holder of his intention to withdraw the service. Such notice shall contain a proper statement of reasons.

2. Where demand for a service has ceased to exist, the period of notice provided for in paragraph 1 shall be of 1 month.

F74 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The holder of the authorisation shall notify users of the service concerned of its withdrawal 1 month in advance by means of appropriate publicity.

Textual Amendments

F74 Art. 10(3) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Obligations of carriers

1. Save in the event of force majeure, the operator of a regular service shall, until the authorisation expires, take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity and complies with the other conditions laid down by the [F75 authorising] authority in accordance with Article 6(3).

2. The carrier shall display the route of the service, the bus stops, the timetable, the fares and the conditions of carriage in such a way as to ensure that such information is readily available to all users.

3. Without prejudice to Regulation (EC) No 1370/2007, it shall be possible for the [F76 authorising authority] in agreement with the holder of the authorisation, to make changes to the operating conditions governing a regular service.

Textual Amendments

F75 Word in Art. 11(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F76 Words in Art. 11(3) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. OCCASIONAL SERVICES AND OTHER SERVICES EXEMPT FROM AUTHORISATION

Article 12 U.K. Control documents

[F77 1. With the exception of the services referred to in the second subparagraph of Article 5(3), occasional services by a carrier established in a Member State shall be carried out under cover of a journey form supplied by the competent authority of that Member State or a body appointed by that authority in accordance with Article 12 of EU Regulation 1073/2009 and Section I of EU Regulation 361/2014.]

2. A carrier operating occasional services shall fill out a journey form before each journey.

3. The journey form shall contain at least the following information:

(a) the type of service;

(b) the main itinerary;

(c) the carrier(s) involved.

F78 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. In the case of the special regular services referred to in the third subparagraph of Article 5(2), the contract or a certified true copy thereof shall serve as the control document.

Textual Amendments

F77 Art. 12(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(13)(a); 2020 c. 1, Sch. 5 para. 1(1)

F78 Art. 12(4) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

F79 Art. 12(5) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Local excursions

Within the framework of an international occasional service, a carrier [F80 established in a Member State] may carry out occasional services (local excursions) in [F81 the United Kingdom].

Such services shall be intended for F82 ... passengers [F83 who are not resident within the United Kingdom and have been] previously carried by the same carrier on one of the international services mentioned in the first paragraph and shall be carried out with the same vehicle or another vehicle from the same carrier or group of carriers.

Textual Amendments

F80 Words in Art. 13 inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F81 Words in Art. 13 substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F82 Word in Art. 13 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F83 Words in Art. 13 inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. CABOTAGE

Article 14 U.K. General principle

Any carrier who operates road passenger transport services for hire or reward and who holds a Community licence shall be permitted, under the conditions laid down in this Chapter and without discrimination on grounds of the carrier’s nationality or place of establishment, to operate the cabotage operations as specified in Article 15.

Article 15 U.K. Authorised cabotage operations

Cabotage operations shall be authorised for the following services:

(a)

special regular services provided that they are covered by a contract concluded between the organiser and the carrier;

(b)

occasional services;

(c)

regular services, performed by a carrier not resident in the [F84 United Kingdom] in the course of a regular international service in accordance with this Regulation with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be performed independently of such international service.

Textual Amendments

F84 Words in Art. 15(c) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(15); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Rules applicable to cabotage operations

1. The performance of the cabotage operations shall be subject, save as otherwise provided in [F85 retained EU law], to [F86 other] laws, regulations and administrative provisions in force in the [F87 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 passengers, namely schoolchildren, children and persons with reduced mobility;

(d) the driving time and rest periods;

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

F88 ...

2. Save as otherwise provided in [F89 retained EU law], cabotage operations which form part of the transport services provided for in Article 15(c) shall be subject to [F90 any other] laws, regulations and administrative provisions in force in the [F91 United Kingdom] regarding authorisations, tendering procedures, the routes to be operated and the regularity, continuity and frequency of services as well as itineraries.

3. The technical standards of construction and equipment which must be met by vehicles used to carry out cabotage operations shall be those laid down for vehicles put into circulation in international transport.

4. The [F92 other] laws, regulations and administrative provisions referred to in paragraphs 1 and 2 shall be applied to F93 ... carriers [F94 established in Member States] under the same conditions as those imposed on carriers established in the [F95 United Kingdom], so as to prevent any discrimination on grounds of nationality or place of establishment.

Textual Amendments

F85 Words in Art. 16(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F86 Word in Art. 16(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F87 Words in Art. 16(1) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F88 Words in Art. 16(1) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F89 Words in Art. 16(2) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F90 Words in Art. 16(2) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F91 Words in Art. 16(2) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F92 Word in Art. 16(4) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F93 Word in Art. 16(4) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F94 Words in Art. 16(4) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F95 Words in Art. 16(4) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(16)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

Article 17 U.K. Control documents for cabotage operations

1. Cabotage operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12 which shall be kept on board the vehicle and be presented at the request of any authorised inspecting officer.

2. The following information shall be entered in the journey form:

(a) the points of departure and arrival of the service;

(b) the date of departure and the date on which the service ends.

F96 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document.

F97 ...

F98 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96 Art. 17(3) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(17)(a); 2020 c. 1, Sch. 5 para. 1(1)

F97 Words in Art. 17(4) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F98 Art. 17(5) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(17)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VI U.K. CONTROLS AND PENALTIES

Article 18 U.K. Transport tickets

1. Carriers operating a regular service, excluding special regular services, shall issue either individual or collective transport tickets indicating:

(a) the points of departure and arrival and, where appropriate, the return journey;

(b) the period of validity of the ticket;

(c) the fare of transport.

2. The transport ticket provided for in paragraph 1 shall be presented at the request of any authorised inspecting officer.

Article 19 U.K. Inspections on the road and in undertakings

1. The authorisation or control document shall be carried on the vehicle and shall be presented at the request of any authorised inspecting officer.

2. Carriers operating international carriage of passengers by coach and bus shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods. In the context of the implementation of this Regulation, authorised inspecting officers shall be empowered to:

(a) check the books and other documentation relating to the operation of the transport undertaking;

(b) make copies of, or take extracts from, the books and documentation on the premises;

(c) have access to all the transport undertaking’s premises, sites and vehicles;

(d) require the production of any information contained in books, documentation or data bases.

F99 Article 20 U.K. Mutual assistance

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

Textual Amendments

F99 Art. 20 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(18); 2020 c. 1, Sch. 5 para. 1(1)

Article 21 U.K. Withdrawal of F100 ... authorisations

F101 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The authorising authority shall withdraw an authorisation where the holder no longer fulfils the conditions on the basis of which the authorisation was issued under this Regulation F102 ....

Textual Amendments

F100 Words in Art. 21 heading omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F101 Art. 21(1) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

F102 Words in Art. 21(2) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(19)(c); 2020 c. 1, Sch. 5 para. 1(1)

F103 Article 22 U.K. Sanctioning of infringements by the Member State of establishment

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

Textual Amendments

F103 Arts. 22-28 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(20); 2020 c. 1, Sch. 5 para. 1(1)

F103 Article 23 U.K. Sanctioning of infringements by the host Member State

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

Textual Amendments

F103 Arts. 22-28 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(20); 2020 c. 1, Sch. 5 para. 1(1)

F103 Article 24 U.K. Entry in the national electronic registers

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

Textual Amendments

F103 Arts. 22-28 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(20); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VII U.K. IMPLEMENTATION

F103 Article 25 U.K. Agreements between Member States

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

Textual Amendments

F103 Arts. 22-28 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(20); 2020 c. 1, Sch. 5 para. 1(1)

F103 Article 26 U.K. Committee procedure

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

Textual Amendments

F103 Arts. 22-28 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(20); 2020 c. 1, Sch. 5 para. 1(1)

F103 Article 27 U.K. Penalties

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

Textual Amendments

F103 Arts. 22-28 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(20); 2020 c. 1, Sch. 5 para. 1(1)

F103 Article 28 U.K. Reporting

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

Textual Amendments

F103 Arts. 22-28 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(20); 2020 c. 1, Sch. 5 para. 1(1)

Article 29 U.K. Amendment to Regulation (EC) No 561/2006

In Article 8 of Regulation (EC) No 561/2006, the following paragraph shall be inserted:

‘6a. By way of derogation from paragraph 6, a driver engaged in a single occasional service of international carriage of passengers, as defined in 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(5), may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that:

(a) the service lasts at least 24 consecutive hours in a Member State or a third country to which this Regulation applies other than the one in which the service started;

(b) the driver takes after the use of the derogation:

(i)

either two regular weekly rest periods; or

(ii)

one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the end of the derogation period;

(c) after 1 January 2014, the vehicle is equipped with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85; and

(d) after 1 January 2014, if driving during the period from 22,00 to 06,00, the vehicle is multi-manned or the driving period referred to in Article 7 is reduced to three hours.

The Commission shall monitor closely the use made of this derogation in order to ensure the preservation of road safety under very strict conditions, in particular by checking that the total accumulated driving time during the period covered by the derogation is not excessive. By 4 December 2012, the Commission shall draw up a report assessing the consequences of the derogation in respect of road safety as well as social aspects. If it deems it appropriate, the Commission shall propose amendments to this Regulation in this respect.’

CHAPTER VIII U.K. FINAL PROVISIONS

Article 30 U.K. Repeals

Regulations (EEC) No 684/92 and (EC) No 12/98 are hereby repealed.

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

F104 Article 31 U.K. Entry into force

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Textual Amendments

F104 Art. 31 omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(21); 2020 c. 1, Sch. 5 para. 1(1)

F105 ...

Textual Amendments

F105 Words in Signature omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(22); 2020 c. 1, Sch. 5 para. 1(1)