The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

Derogation from obligation to vary rates of tolls

7.—(1) The responsible person may derogate from a requirement in regulation 6 where—

(a) to vary the rates in accordance with regulation 5(5)(a) would—

(i) seriously undermine the coherence of the tolling system in the United Kingdom, or

(ii) lead to diversion of the most polluting HGVs away from the TERN with consequential impacts on road safety and public health, or

(b) for the tolling system concerned it would not be technically practicable to introduce such differentiation as indicated in regulation 5(5)(a).

(2) The following paragraphs apply where a requirement in regulation 6 is derogated from.

(3) If the responsible person is not an appropriate national authority, the responsible person must notify the appropriate national authority of the derogation by the end of the period or by the date, as the case may be, referred to in paragraph (5).

(4) If the responsible person notifies the appropriate national authority under paragraph (3), or if the responsible person is an appropriate national authority, the appropriate national authority must notify the European Commission of the derogation.

(5) The periods or date referred to are—

(a) in the case of a toll referred to in regulation 6(1), the period of 14 days beginning with the date the concession contract is renewed;

(b) in the case of a toll referred to in regulation 6(2)(a), 14th January 2011;

(c) in the case of a toll referred to in regulation 6(2)(b), the period of 14 days beginning with the date on which the toll comes into effect.