The Road Transport (International Passenger Services) Regulations 1984

PART III MODIFICATIONS OF THE ACT OF 1981 IN RELATION TO VEHICLES REGISTERED OUTSIDE THE UNITED KINGDOM

Small vehicles registered outside the United Kingdom visiting Great Britain temporarily

7.—(1) This Regulation applies to a public service vehicle registered outside the United Kingdom which—

(a) in construction and equipment is suitable for carrying not more than nine persons, including the driver, and is intended for that purpose;

(b) is brought into Great Britain for the purpose of carrying passengers who are travelling to Great Britain from a place outside the United Kingdom, or who are travelling from the United Kingdom to any such place; and

(c) remains in Great Britain for a period not exceeding three months from the date of its entry therein.

(2) The provisions of the Act of 1981 shall, in relation to a vehicle to which this Regulation applies, have effect as if sections 6, 12, 18, 22 and 30 of the Act of 1981 were omitted.

Community regulated regular, shuttle and works services by vehicles registered outside the United Kingdom

8.—(1) This Regulation applies to a vehicle registered outside the United Kingdom which is being used for Community regulated carriage of passengers in so far as the vehicle—

(a) is being used to provide any service for the carriage of passengers such as is mentioned in Article 1, 2 or 6 of Council Regulation 117/66; and

(b) is being so used in accordance with such of the requirements of the Council Regulations or, as the case may be, the Commission Regulation as apply to the service in question.

(2) The provisions of the Act of 1981 shall, in relation to a vehicle to which this Regulation applies, have effect as if sections 6, 12, 18, 22 and 30 of the Act of 1981 were omitted.

Non-Community regulated regular and shuttle services by vehicles registered outside the United Kingdom

9.—(1) This Regulation applies to a public service vehicle registered outside the United Kingdom which is being used for the international carriage of passengers which is not Community regulated in so far as the vehicle—

(a) is being used to provide a service for the carriage of passengers of a description such as is mentioned in Article 1 or 2 of Council Regulation 117/66 (that is to say, a regular service, a special regular service or a shuttle service as defined in those Articles), and

(b) is so used by or on behalf of a person who is authorised, under the law of the country in which the vehicle is registered, to use the vehicle for the carriage of passengers on the journey in question or such parts thereof as are situated within that country.

(2) The provisions of the Act of 1981 shall in relation to a vehicle to which this Regulation applies, have effect as if sections 6, 18, 22 and 30 of the Act of 1981 were omitted, and as if for section 12 of the Act of 1981 there were substituted the section set out in Schedule 2.

ASOR or Community regulated occasional services by vehicles registered outside the United Kingdom

10.—(1) This Regulation applies to a vehicle registered outside the United Kingdom which is being used for ASOR or Community regulated carriage of passengers—

(a) in so far as the vehicle is used to provide a service for the carriage of passengers such as is mentioned—

(i) in paragraph 1(a) of Article 2 of ASOR or paragraph 1(a) of Article 3 of Council Regulation No. 117/66 (that is to say, an occasional service described in that paragraph as a closed-door tour), or

(ii) in paragraph 1(b) of each of those Articles (that is to say an occasional service as described in that paragraph where passengers are carried on the outward journey and the return journey is made unladen), or

(iii) in paragraph 1(c) of each of those Articles (that is to say, an occasional service as mentioned in that paragraph of any other description); and

(b) in so far as, in relation to the use of the vehicle—

(i) in the case of a vehicle being used for ASOR regulated carriage, the requirements of Articles 7, 8 and 9 of, and the Annex to, ASOR (which provides for the completion, by the person by whom or on whose behalf a vehicle is used to provide such an occasional service as aforesaid, of a passenger waybill in respect of the service in question and for the carrying of the top copy of such waybill on the vehicle at all times while it is used on that service) and in the case of a vehicle being used for Community regulated carriage, the requirements of Articles 2, 3 and 4 of, and Annex 2 to, Commission Regulation No. 1016/68 (which provides as aforesaid), have been complied with, and

(ii) the vehicle is used on the service in question in circumstances which accord in all respects with the particulars which, in pursuance of the said requirements, have been specified in the said passenger waybill as applicable to that service.

(2) In relation to a vehicle to which the Regulation applies, the provisions of the Act of 1981 shall have effect as if sections 6, 18, 22 and 30 of the Act of 1981 were omitted and—

(a) in so far as the vehicle is used to provide a service for the carriage of passengers such as is mentioned—

(i) in Article 2(1)(a) or (b) of ASOR or Article 3(1)(a) or (b) of Council Regulation No. 117/66, or

(ii) in a case where the service is ASOR regulated and all the conditions mentioned in Article 5(2) of ASOR are fulfilled, in Article 2(1)(c) of ASOR, or

(iii) in a case where the service is Community regulated and all the conditions mentioned in Article 5(2) of the said Council Regulation are fulfilled, in Article 2(1)(c) of that Regulation,

as if section 12 of the Act of 1981 were omitted; and

(b) in so far as the vehicle is used as a public service vehicle to provide a service for the carriage of passengers such as is mentioned in Article 2(1)(c) of ASOR or Article 2(1)(c) of the said Council Regulation and—

(i) in a case where the service is ASOR regulated any of the conditions mentioned in Article 5(2) of ASOR are not fulfilled, or

(ii) in a case where the service is Community regulated, any of the conditions mentioned in Article 5(2) of the said Council Regulation are not fulfilled,

as if for the said section 12 there were substituted the section set out in Schedule 2.

Certain occasional services by vehicles registered in ECMT States

11.—(1) This Regulation applies to a public service vehicle—

(a) which is registered in the territory of a State which is an ECMT State;

(b) which is brought into Great Britain for the purpose of carrying passengers who are making only a temporary stay therein or are in transit; and

(c) which remains in Great Britain for a period not exceeding three months from the date of its entry therein,

in so far as the vehicle—

(i) is used to provide a service for the carriage of passengers which is not ASOR or Community regulated but which is of a description such as it mentioned in Article 3(1)(a), (b) or (c) of Council Regulation No. 117/66, where the journey made by the vehicle in providing that service starts from a place situated in the territory of an ECMT State and ends at a place situated in the territory of such a State or in Great Britain, and

(ii) is so used by or on behalf of a person who is authorised, under the law in force in the State, in the territory of which it is registered to use the vehicle for the carriage of passengers on the journey in question or such part thereof as lies within the territory of that State.

(2) In relation to a vehicle to which this Regulation applies, the provisions of the Act of 1981 shall have effect as if sections 6, 18, 22 and 30 of the Act of 1981 were omitted and as if—

(a) in so far as the vehicle is used to provide a service for the carriage of passengers such as is mentioned in paragraph 1(a) and 1(b) of Article 3 of Council Regulation No. 117/66, for section 12 of the Act of 1981 there were substituted the following sections:—

“12.   No person shall cause or permit a public service vehicle to be used on a road for the international carriage of passengers unless there is in force in relation to the use of the vehicle, and is carried on the vehicle, a document which is issued by the competent authority of the country in which the vehicle is registered in the form set out in Schedule 3 to the Road Transport (International Passenger Service) Regulations 1984 and which is duly completed.”,

and

(b) in so far as the vehicle is used for the carriage of passengers such as is mentioned in paragraph 1(c) of the said Article 3, for section 12 of the Act of 1981 there were substituted the section set out in Schedule 2.

Certain occasional services by vehicles not registered in a member State, an ASOR State or an ECMT State

12.—(1) This Regulation applies to a public service vehicle—

(a) which is registered in the territory of a State which is not a member State, an ASOR State or an ECMT State;

(b) which is brought into Great Britain for the purpose of carrying passengers who are making only a temporary stay therein or are in transit, being passengers who commenced their journey from the state in the territory of which the vehicle is registered or, as the case may be, from Northern Ireland; and

(c) which remains in Great Britain for a period not exceeding three months from the date of its entry therein,

in so far as the vehicle—

(i) is used to provide a service for the carriage of passengers which is not Community regulated but which is of a description such as is mentioned in Article 3(1)(a), (b) or (c) of Regulation No. 117/66, and

(ii) is so used by or on behalf of a person who is authorised, under the law in force in the state in the territory of which it is registered to use the vehicle for the carriage of passengers on the journey in question or such parts thereof as lies within the territory of that state.

(2) The provisions of the Act of 1981 shall, in relation to a vehicle to which this Regulation applies, have effect as if sections 6, 18, 22 and 30 of the Act of 1981 were omitted and as if for section 12 of the Act of 1981 there were substituted the section set out in Schedule 2.