The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

[F1 Variation of rates of infrastructure charges U.K.

4A.— (1) Subject to paragraphs (2), (3) and (5) to (7) the responsible person must vary the infrastructure charge according to the EURO emission standard applicable to an HGV so that no infrastructure charge is more than 100% above the same charge for equivalent HGVs meeting the strictest emission standard.

(2) Paragraph (1) does not apply to a concession contract in existence on or before 15th October 2011 until it is renewed.

(3) Paragraph (1) does not apply to an infrastructure charge if the responsible person is satisfied that–

(a) this would seriously undermine the coherence of tolling systems in the United Kingdom,

(b) it would not be technically practicable to introduce such differentiation in the tolling system concerned,

(c) this would lead to diversion of the most polluting HGVs with negative impacts on road safety and public health, or

(d) the toll includes an external-cost charge.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to paragraph (7), the responsible person may also vary the rates of the infrastructure charges for any of the purposes referred to in paragraph (6).

(6) The purposes are—

(a) reducing congestion,

(b) minimising infrastructure damage and optimising the use of the infrastructure concerned, or

(c) promoting road safety.

(7) Any variation of the rates of infrastructure charge made in accordance with paragraph (5) must—

(a) be transparent and made public and available to all users on equal terms,

(b) be applied according to the time of day, type of day, or the season,

(c) not result in a charge more than 175% above the maximum level of the weighted average infrastructure charge,

(d) not be designed to generate additional revenue from tolls,

(e) ensure that peak periods during which higher infrastructure charges are applied for the purpose of reducing congestion do not exceed five hours per day, and

(f) be devised and applied in a transparent and revenue neutral way on a road section affected by congestion by offering reduced toll rates for hauliers who travel during off-peak periods and increased rates for hauliers who travel during peak hours on the same road section.

F3 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) For the purposes of this regulation if a variation or change of the rates of an infrastructure charge results in additional toll revenue, the responsible person must counterbalance this by varying the rates of an infrastructure charge within two years of the end of the accounting year in which the additional revenue is generated.]

Textual Amendments

F1 Reg. 4A inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(7)

F2 Reg. 4A(4) omitted (31.12.2020) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1352), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 4A(8) omitted (31.12.2020) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1352), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)