2018 No. 1352

Exiting The European Union
Road Traffic

The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018

Sift requirements satisfied

Made

Laid before Parliament

Coming into force in accordance with regulation 1

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 20181 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of that Act.

Citation and commencement1

These Regulations may be cited as the Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

Amendment of the Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 20092

1

The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 20092 are amended as follows.

2

In regulation 2(2)3

a

in sub-paragraph (a)(i), before “Annex II” insert “Subject to sub-paragraph (d),”;

b

after sub-paragraph (c) insert—

d

Annex II to the 1999 Directive is to be read with the following modifications for the purposes of these Regulations—

i

Annex II has effect as if it were substituted as follows—

ANNEX IIMAXIMUM AMOUNTS IN POUNDS STERLING OF USER CHARGES, INCLUDING ADMINISTRATIVE COSTS

Annual

maximum three axles

minimum four axles

EURO 0

1246

2089

EURO I

1084

1809

EURO II

943

1573

EURO III

820

1367

EURO IV and less polluting

746

1243

Monthly and weekly1

Maximum monthly and weekly rates are in proportion to the duration of the use made of the infrastructure.

Daily2

The maximum daily rate is equal for all vehicle categories and amounts to £10.

ii

Annex IIIb has effect as if for Table 1 and Table 2 there were substituted—

Table 1Maximum chargeable air pollution cost

pence/vehicle kilometre

Suburban roads (including motorways)

Interurban roads (including motorways)

EURO 0

15.0

11.3

EURO I

10.3

7.5

EURO II

8.5

6.6

EURO III

6.6

5.7

EURO IV

3.8

2.9

EURO V

0.0

0.0

after 31 December 2013

2.9

1.9

EURO VI

0.0

0.0

after 31 December 2017

1.9

1.0

Less polluting than EURO VI

0.0

0.0

Table 2Maximum chargeable noise cost

pence/vehicle kilometre

Day

Night

Suburban roads (including motorways)

1.03

1.88

Interurban roads (including motorways)

0.19

0.29.

3

In regulation 4A—

a

omit paragraph (4);

b

omit paragraph (8).

4

Omit regulation 8.

5

In regulation 104 omit paragraph (2).

6

In regulation 135 (Reductions and exemptions)—

a

in paragraph (3);

i

in sub-paragraph (a), for “, and” substitute “.”;

ii

omit sub-paragraph (b).

7

In regulation 14—

a

in paragraph (1) for “Subject to regulation 8, if an operator” substitute “If an operator”;

b

in paragraph (2), omit sub-paragraphs (a)(ii) and (iii).

8

In regulation 15—

a

in paragraph (1) omit “and avoid any mandatory controls or checks at the European Union’s internal borders”;

b

in paragraph (2) omit “other”.

9

In regulation 17 (Information requirements where a concession toll is not involved)—

a

in paragraph (1) for “(2) to (5)” substitute “(2) and (3)”;

b

omit paragraphs (4),(6) and (7).

10

In regulation 18 omit paragraphs (4) and (5).

11

In regulation 206

a

in paragraph (1) for “(2) to (4)” substitute “(2) and (3)”; and

b

omit paragraphs (4),(5),(6) and (7).

12

Omit regulation 20A7.

13

In the heading of part 5, omit “other”.

14

In regulation 21—

a

for “other EEA States”, in each place it occurs, substitute “EEA States”;

b

in paragraph (3A), in sub-paragraph (b), omit “, other than the United Kingdom,”;

c

omit paragraph (4).

Amendment of the County of Merseyside Act 19803

In section 91(4) of the County of Merseyside Act 1980 (classification of vehicles, level and application of tolls), omit paragraph (a) and the “or” immediately after it8.

Signed by authority of the Secretary of State for Transport

Jesse NormanMinister of StateDepartment for Transport
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a),(b),(c),(d),(e) and (g) which apply to this instrument) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of road tolling and user charging and in particular amend legislation relating to the HGV Levy and the Eurovignette Directive 1999/62/EC. Regulation 2 amends subordinate legislation and regulation 3 amends primary legislation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum has been published alongside these Regulations and is available with these Regulations on www.legislation.gov.uk.