The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2010

Amendments to the Goods Vehicles (Licensing of Operators) Regulations 1995

2.—(1) The principal Regulations are amended as follows.

(2) In regulation 3(2), after the definition of “keeper”, there is inserted—

““interim licence” means a licence issued under section 24;

“interim direction” means a direction given by a traffic commissioner pursuant to section 25;”.

(3) In regulation 23—

(a) in paragraph (2)(a), after “licence;” “and” is omitted;

(b) in paragraph (2)(b), for “national transport operations only.”, there is substituted “national transport operations only;”;

(c) after paragraph (2)(b), there is inserted—

“(c) where applicable, that the vehicle is being used under an interim licence, or pursuant to an interim direction, and in such a case, the date the interim licence was issued or the interim direction was given; and

(d) subject to paragraph (5)(b), the date on which the disc expires under paragraph (5)(a).”

(d) after paragraph (4), there is inserted—

“(5) (a) Subject to paragraph (b) and without prejudice to regulation 28, a disc will expire at the end of the last day of the month in which the continuation fee for a licence falls due.

(b) Neither paragraph (a) nor paragraph (2)(d) apply where a disc is issued under an interim licence or pursuant to an interim direction.

(6) For the purposes of paragraph (5)(a)—

(a) “continuation fee” means the fee numbered (iii) as specified in the Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995(1); and

(b) the month in which such a fee falls due is determined in accordance with that Schedule.”.

(4) In Part I of Schedule 3, for paragraph 23 there is substituted:

“23.   A vehicle which is being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in the United Kingdom in accordance with the provisions of Council Regulation (EEC) No. 3118/1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State (2) as it has effect with 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.(3)”.

(5) In Part I of Schedule 3, for paragraph 23 as substituted by paragraph (4) there is substituted:

“23.   A vehicle which is being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in the United Kingdom in accordance with the provisions 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.”.

(6) The references in paragraph (3) to regulation 23(2) of the principal Regulations do not apply to the provision substituted in relation to certain goods vehicles by Part II of Schedule 6 to the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996(4).

(1)

S.I. 1995/3000 to which relevant amendments were made by S.I.2009/804

(2)

O.J. L 279, 12.11.93, p.1. The instrument has been textually amended by Council Regulation (EC) No. 3315/94 of 22 December 1994 (O.J. L350, 31.12.94, p.9) and by Regulation (EC) No. 484/2002 of 1 March 2002 (O.J. L76, 19.3.2002, p. 1.)

(3)

O.J. L300, 14.11.2009, p.72.

(4)

S.I. 1996/2186 to which relevant amendments were made by S.I. 2004/462