The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 23 of and Part I of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (“the principal Regulations”).

Regulation 23 prescribes matters in relation to the identification of motor vehicles used under a licence issued to the operator of a goods vehicle, pursuant to the Goods Vehicles (Licensing of Operators) Act 1995. It prescribes that vehicles should be identified by means of a disc. These Regulations make additional provisions with respect to the information to be specified on a disc.

For licences other than interim licences, there is a new requirement to indicate the expiry date of the disc (regulation 2(3)(c), which inserts a new regulation 23(2)(d) into the principal Regulations). The disc will expire at the end of the last day of the month in which the fee for continuing a licence falls due under the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995, (regulation 2(3)(d) which inserts a new regulation 23(5) and (6) into the principal Regulations).

For discs issued under an interim licence, or pursuant to an interim direction, there is no requirement to indicate the expiry date of a disc. However, a disc issued in such circumstances must indicate this fact as well as the date of the relevant decision giving rise to the issue of the disc (regulation 2(3)(c) which inserts a new regulation 23(2)(c) into the principal Regulations).

Certain foreign goods vehicles are subject to a modified version of regulation 23 which is set out in Schedule 6 of the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996. The amendments to regulation 23 of the principal Regulations, made by these Regulations do not apply to that modified version of regulation 23.

Schedule 3 of the principal Regulations specifies classes of vehicles the use of which is exempted from the requirement to hold an operator’s licence; paragraph 23 in Part I specifying vehicles permitted to carry out cabotage under Regulation (EEC) 3118/93.

The amendments to Schedule 3 are on account of the adoption of Regulation (EC) No. 1072 / 2009 of the European Parliament and of the Council on common rules for access to the international road haulage market.

Articles 8 and 9 of that Regulation (rules concerning goods vehicle cabotage) come into force on 14th May 2010 and the remaining provisions on 4th December 2011 when Council Regulation (EEC) 3118/93 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State is repealed. In the interim, articles 8 and 9 will co-exist with Regulation (EEC) 3118/93, but applying new rules.

By virtue of regulation 1 of this instrument, the amendment to Schedule 3 made by regulation 2(4) comes into force on 14th May 2010 and is replaced by that made by regulation 2(5) on 4th December 2011. Regulation 2(4) substitutes a new paragraph 23 of Schedule 3 of the principal Regulations which refers to cabotage conducted in accordance with Regulation (EEC) 3118/93 as it has effect with Regulation (EC) 1072/2009. Regulation 2(5) will replace this with a provision referring to the 2009 Regulation alone when that Regulation comes fully into force.

A full impact assessment has not been produced for this instrument as no impact on the private and voluntary sectors is foreseen. The effects of regulations 2(2) and 2(3) of this instrument are cost neutral as the inclusion of dates on licence discs does not change the requirement to display discs. The effect of regulations 2(4) and 2(5) of this instrument are cost neutral as vehicles permitted to undertake cabotage in the United Kingdom are currently exempted from the requirement to hold an operator’s licence.