The Goods Vehicles (Community Authorisations) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect in the United Kingdom to Council Regulation (EEC) No. 881/92 of 26th March 1992 (“the EC Regulation”), which establishes a Community-wide authorisation allowing goods vehicles access to the market in the carriage of goods by road between member States.

The EC Regulation, which has direct effect in member States, prohibits the carriage of goods by road between member States without Community authorisation (Article 3.1). These Regulations enforce the prohibition by imposing a penalty for breach (regulation 3) and designating competent authorities for the purposes of the EC Regulation (regulation 4).

The EC Regulation lays down the conditions for the issue and use of such authorisations. Each member State is to issue a Community authorisation to any haulier established in that State who is entitled to carry out international carriage of goods by road for hire or reward. In Great Britain such entitlement is signified by the issue under section 60 of the Transport Act 1968 of a standard operator’s licence covering both international and national transport operations, and in Northern Ireland by the issue under section 14 of the Transport Act (Northern Ireland) 1967 of an operator’s licence covering international transport operations. The Regulations accordingly confer entitle ment to Community authorisation on the basis of the relevant United Kingdom licence (regulation 5).

The form of the Community authorisation document is prescribed in the EC Regulation (Article 5.3 and Annex I), as is the period of validity (Article 6) and the grounds for refusal or withdrawal of authorisation (Article 8). The holder of an authorisation must keep the original, and a certified copy must be kept in each goods vehicle being used on a journey of international carriage. These documents must be produced to an authorised inspecting officer on demand (Article 5.3 and 5.4). Regulation 8 designates authorised inspecting officers for this purpose.

The Regulations implement the EC Regulation by conferring rights of appeal against refusal or withdrawal of authorisation (regulation 6). They also require a holder to return the authorisation and all certified true copies if it is withdrawn, and to return certified true copies if they are suspended or if the number of vehicles in use is reduced (regulation 9). Provision is made for the automatic transfer of an authorisation in certain circumstances following the death, bankruptcy or incapacity of the holder (regulation 11).

Regulations 13 to 15 make consequential amendments to other legislation, as follows:

Regulation 13 revises the Goods Vehicles (International Road Haulage Permits) Regulations 1975 to remove the need for permits under the International Road Haulage Permits Act 1975 for journeys to other member States, since under the EC Regulation such journeys require Community authorisation alone. The 1975 Regulations will now apply only to journeys to Austria.

Regulation 14 amends section 60 of the Transport Act 1968 so as to exempt any haulier established in another member State or in Northern Ireland from the need to obtain an operator’s licence under that Act to use a goods vehicle for international carriage in Great Britain, since under the EC Regulation he will require a Community authorisation based on obtaining an equivalent qualification in the State where he is established. A haulier established in Northern Ireland will require a Community authorisation issued in that province.

Regulation 15 revises the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980 to remove international carriage by hauliers established in other member States or in Northern Ireland from their scope, in view of the general exemption afforded such carriage by the amendment made to the Transport Act 1968 by the preceding regulation.