The Public Service Vehicles (Community Licences) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Regulations specified in regulation 2. They give effect to aspects of Regulation (EC) No 1073/2009 of 21 October 2009 (“Regulation 1073/2009”), which provides for a Community licence allowing buses and coaches access to the market in the carriage of passengers by road between Member States, a requirement for an authorisation for the purpose of carrying out regular services, and a requirement for control documents when carrying out occasional services.

Regulation 1073/2009, which is directly applicable in Member States, recasts existing European Regulations and governs the conditions for the issue and use of Community licences and authorisations. It prescribes the form of the Community licence (Article 4(2) and Annexes I and II), that the Commission shall establish the format of authorisations (Article 6(4)), and the period of validity for both Community licences and authorisations (Articles 4(4) and 6(2) respectively).

Regulation 6 confers entitlement to a Community licence on the basis of the relevant Great Britain licence. It also provides that existing Community licences and authorisations which meet certain conditions are to be treated as Community licences and authorisations respectively for the purposes of Regulation 1073/2009 and of these Regulations. The competent authorities for the purposes of these Regulations and Regulation 1073/2009 are the Secretary of State and traffic commissioners, as provided for in regulation 5.

These Regulations establish various offences, punishable on summary conviction by a fine up to the level prescribed (regulations 4, 9 and 10). They provide stopping officers with a power to stop vehicles for the purpose of checks in relation to regulations 4 and 10 (regulation 13); and authorised inspecting officers are designated for the purpose of carrying out any necessary inspections (regulation 11). Provision is also made for administrative penalties in certain circumstances – in particular the refusal to issue and the withdrawal of documents (regulation 7). The Regulations confer rights of appeal against administrative penalties (regulation 8).

Regulation 12 requires the holder of a Community licence or authorisation to supply information in certain circumstances, and provides that such documents may be withdrawn in the event of failure to comply.

Provision is made for the automatic transfer of a Community licence and an authorisation following the death, bankruptcy or incapacity of the holder (regulation 14) and for offences which may be committed by a body corporate (regulation 15). In addition provision is made for the amendment or modification of other relevant legislation (regulations 16 to 19).

Regulation 20 requires the Secretary of State to review the operation and effect of these Regulations, and to publish a report within 5 years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke or to amend them.

A full impact assessment of the effect that Regulation 1073/2009 (along with two other related EU Road Transport Regulations) will have on the costs of business and the voluntary sector, and a transposition note for Regulation 1073/2009, are available from the Buses and Taxis Division at the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. They are published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk. Regulation 1073/2009 can be viewed on the EUR-Lex website at www.eur-lex.europa.eu.