The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996

Exemptions and modification for Ukrainian goods vehicles

30.—(1) In this regulation—

“Ukrainian goods vehicle” means a foreign goods vehicle—

(a) which, in the case of a motor vehicle, is registered in the Ukraine; and

(b) which, in the case of a trailer, is owned by or operated by or on behalf of a person who under Ukrainian law is authorised to use that vehicle for the carriage of goods in the Ukraine.

“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Ukraine on international road transport signed on 13th December 1995(1) comes into force.

(2) On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Ukrainian goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9, 18 and 20 to 24 of Schedule 2 and in such a case these provisions shall have effect as if the words “or broken-down” were added after “damaged” in paragraph 5.

(3) Section 2(1) of the Act shall not apply to the use in Great Britain of a Ukrainian goods vehicle—

(a) specified in paragraph 1 of Schedule 3, or

(b) where the goods are being carried for or in connection with any trade or business carried on by the undertaking carrying them and each of the following conditions are fulfilled—

(i) the goods are the property of the undertaking carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that undertaking;

(ii) the purpose of the journey is to carry the goods to or from the undertaking carrying them or to move them either inside that undertaking or outside for that undertaking’s own requirements;

(iii) the vehicle used for such carriage is being driven by an employee of the undertaking;

(iv) except in the case of a replacement vehicle during a short breakdown of the vehicle normally used, the vehicle used for carrying the goods is owned by the undertaking carrying them or has been bought by it on deferred terms or hired in accordance with the conditions on the use of vehicles hired without drivers for the carriage of goods by road contained in Council Directive (EEC) No. 84/647;

(v) the carriage in Great Britain is part of a journey between Great Britain and the Ukraine.

(4) In relation to a Ukrainian goods vehicle being used for the carriage of goods in a case to which the preceding exemptions do not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

(1)

Cm. 3158.