The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Goods Vehicles (Licensing of Operators) Regulations 1995 (S.I. 1995/2869) (“the principal Regulations”) which, with the exception of those made by regulations 3(c), 4 and 10, are consequential on the making of related legislation, in particular Regulation (EC) No. 1071/2009 of 21st October 2009 which established common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (“Regulation 1071/2009”) and the provisions of the Road Transport Operator Regulations 2011 (S.I. 2011/2632) which give effect to that Regulation in relation to Great Britain and make consequential changes to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (“the 1995 Act”).

The amendments made by regulation 3 to regulation 3 of the principal Regulations (interpretation) include the omission of the definitions of “visiting force”, “headquarters” and “vehicle in the service of a visiting force or a headquarters”. Instead, regulation 10 amends Schedule 3, paragraph 10 of the principal Regulations to apply the definitions of the first and third of those terms appearing in the Visiting Forces and International Headquarters (Application of Law) Order 1999 (S.I. 1999/1736).

Regulation 4 substitutes the new name (“GMB”) of the former General and Municipal Workers’ Union.

Regulation 5 amends regulation 22 of the principal Regulations (notification of decisions) to reflect the fact that Articles 6.2(a) and 15.1 of Regulation 1071/2009 also require the giving of reasons.

Regulation 6 amends regulation 29 of the principal Regulations (partnerships) to reflect the amendments made to the 1995 Act by S.I. 2011/2632. Regulations 7 and 9 amend regulation 30 and Schedule 2 respectively (holding companies and subsidiaries) to reflect the requirement in Article 3.1(a) of Regulation 1071/2009 for undertakings to have an effective and stable establishment in a Member State.

Regulation 8 makes clear that the provisions of regulation 31(4) (powers to issue directions in the event of death, bankruptcy etc.) are subordinate to the time limits set by Article 13.1 of Regulation 1071/2009 for rectifying non-compliance with the requirements of Article 3 of Regulation 1071/2009.

Regulation 11 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within five 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 these Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke or to amend them.

A full impact assessment has not been produced specifically for this instrument as no impact on the costs of business or voluntary sectors is foreseen. However, the effect that Regulation 1071/2009 (along with two related EU Road Transport Regulations, Regulations (EC) 1072/2009 and 1073/2009) will have on those costs is available from the Operator Licensing and Roadworthiness Division at the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and from the following website https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2450/impactassessment.pdf

It is also published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.