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14.—(1) If an operator is authorised under an enactment to give a discount or to make a reduction in a toll to be levied in respect of an HGV used by a frequent user, the operator may only give the discount or make the reduction if the conditions referred to in paragraph (2) are satisfied.
(2) The conditions referred to are that—
(a)the discount or reduction—
(i)satisfies the requirements referred to in regulation 5(3),
(ii)complies with the Treaty establishing the European Community, in particular Articles 12, 49, 86 and 87,
(iii)does not distort competition in the internal market, and
(iv)does not in any case exceed 13% of the toll paid in respect of equivalent HGVs not eligible for the discount or reduction, and
(b)the resulting charging structure is linear, proportionate, available to all users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls.
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