The Road Transport (International Passenger Services) Regulations 1984

Interpretation

2.—(1) In these Regulations—

(a) the references to the following provisions, that is to say—

• Council Regulation No. 117/66

• Council Regulation No. 516/72

• Council Regulation No. 517/72 and

• Commission Regulation No. 1016/68

are references, respectively, to the Community provisions more particularly described in Schedule 1 and references to “the Council Regulations” or “the Commission Regulation” shall be construed accordingly;

(b) “ASOR” means the Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR)(1), approved on behalf of the Economic Community pursuant to Council Decision (EEC) of 20th July 1982 concluding the Agreement, entering into force for the Economic Community on 1st December 1983, as read with Council Regulation (EEC) No. 56/83 on measures implementing the Agreement.

(c) “ASOR State” means—

(i) a state, not being a member State, which is a Contracting Party to ASOR and to which the provision of Sections II and III of ASOR apply in accordance with Article 18 thereof; or

(ii) the Economic Community;

(d) “ASOR regulated” means, in relation to the carriage of passengers, the international carriage of passengers by road to which ASOR applies, namely in the circumstances specified in Article 1 thereof, that is to say, by means of occasional services (within the meaning of that Agreement) effected—

(i) between the territories of two ASOR States, or starting and finishing in the territory of the same ASOR State; and

(ii) should the need arise during such services, in transit through the territory of another ASOR State or through the territory of a state which is not an ASOR State; and

(iii) using vehicles registered in the territory of an ASOR State which by virtue of their construction and their equipment, are suitable for carrying more than nine persons, including the driver, and are intended for that purpose,

and references to the carriage of passengers which is ASOR regulated include unladen journeys of the vehicles concerned with such carriage;

(e) “Community regulated” means, in relation to the carriage of passengers, the international carriage of passengers by road to which Council Regulation No. 117/66 applies, namely in the circumstances mentioned in Article 4(1) thereof, that is to say—

(i) where the place of departure is in the territory of a member State and the destination is in the territory of the same or another member State; and

(ii) the vehicle is registered in a member State and in construction and equipment is suitable for carrying more than nine persons, including the driver, and is intended for that purpose,

and references to the carriage of passengers which is Community regulated include unladen journeys of the vehicles concerned with such carriage;

(f) “ECMT State” means a State which is a member of the European Conference of Ministers of Transport of the 17th November 1953 but not a member State or an ASOR State;

(g) “the Secretary of State” means the Secretary of State for Transport;

(h) “examiner”has the same meaning as in section 7(1) of the Road Traffic (Foreign Vehicles) Act 1972(2);

(i) “public service vehicle”shall be construed in accordance with section 1 of the Act of 1981;

(j) “the Act of 1981” means the Public Passenger Vehicles Act 1981;

(2) Any reference in these Regulations to a numbered Regulation or Schedule is a reference to the Regulation or Schedule bearing that number in these Regulations.

(1)

O.J. No. L.230, 5.8.82, p.39.

(2)

section 7(1) has been amended by section 88 of, and paragraph 17 of Schedule 7 to, the Public Passenger Vehicles Act 1981.