The Goods Vehicles (International Road Transport Permits and Haulage Within the EU) Regulations 2024

PART 2 Permits

Permit requirement for commercial journey to, in or through listed country

4.—(1) The operator of a goods vehicle is prohibited from using it on a journey for the carriage of goods to, in or through a listed country unless the use of that vehicle in that country is authorised by, and takes place in accordance with, a permit—

(a) granted by the Secretary of State, and

(b) carried on that vehicle.

(2) Paragraph (1) does not apply—

(a) where the journey is not a commercial journey,

(b) to the use of the vehicle by the operator on the part of the journey which—

(i) takes place in the listed country, and

(ii) is of a description in Schedule 2,

(c) where a temporary exemption has been granted under regulation 14 that applies in relation to the journey by the operator using the vehicle, or

(d) where a permit cannot be issued under these Regulations in relation to the use of the vehicle by the operator because one of the circumstances specified in paragraph (3) applies.

(3) The specified circumstances are—

(a) the operator of the vehicle is subject to a ban on the entry of vehicles possessed or owned by the operator in a listed country to, in or through which the journey would take place(1);

(b) the use of the vehicle on the journey is one that, under all agreements that relate to the listed country to, in or through which the operator proposes to use a goods vehicle on a journey, is not permitted.

(4) For the avoidance of doubt, the fact that paragraph (1) does not apply to the use of a vehicle by virtue of paragraph (2)(d) does not constitute authorisation for the vehicle to be so used on a journey for the carriage of goods to, in or through a listed country.

Types of permit

5.—(1) The types of permit that may be granted by the Secretary of State under these Regulations are—

(a) a permit which allows the use of a goods vehicle on multiple journeys to, in or through ECMT countries in a period of up to one year in accordance with the ECMT Multilateral Quota User Guide published in January 2022(2) (an “ECMT annual permit”);

(b) a permit granting permission to carry out international removals in the form set out in Annex 2 of the ECMT Multilateral Quota User Guide published in January 2022, for use on journeys to, in or through ECMT countries (an “ECMT international removal permit”);

(c) a short-term ECMT licence valid for 30 calendar days in accordance with the ECMT Multilateral Quota User Guide published in January 2022, for use on journeys to, in or through ECMT countries (an “ECMT short-term permit”);

(d) a permit which allows the use of a goods vehicle on multiple journeys to, in or through a specified listed country in a period of up to one year (a “multiple-use permit”);

(e) a permit (a “single-use permit”) which allows the use of a goods vehicle—

(i) on a single journey to, in or through any one or more specified listed countries;

(ii) in the case of a specified listed country in relation to which an agreement makes such provision, on two journeys comprising one journey to a specified listed country followed by one journey from that specified listed country to the United Kingdom, whether or not either of those journeys are in or through any other specified listed country.

(2) In this regulation “specified listed country” means a listed country in relation to which there is an agreement, in addition to, or other than, the ECMT agreements, which provides for the issuing of permits.

Number of permits

6.  The number of permits available for the use of a goods vehicle on a journey to, in or through a listed country is to be determined in accordance with the agreement relating to that country.

Fees payable for permits

7.—(1) The fee payable in respect of an application for a type of permit specified in the first column of the table in Part 1 of Schedule 3 is the amount specified in the corresponding entry in the second column of that table (the “application fee”).

(2) The fee payable in respect of the grant of a type of permit specified in the first column of the table in Part 2 of Schedule 3 is the amount specified in the corresponding entry in the second column of that table (the “grant fee”).

Application for permit

8.—(1) To obtain a permit, an operator must—

(a) make an application to the Secretary of State, and

(b) pay the application fee, if any such fee is payable.

(2) The application must include the following—

(a) the name of—

(i) the operator,

(ii) any listed country to, in or through which the operator proposes to use a goods vehicle on a journey to which the application relates, and

(iii) the type of permit applied for;

(b) the address of the operator;

(c) an explanation as to whether any journey to which the application relates is to, in or through each listed country named in accordance with paragraph (2)(a)(ii);

(d) any request relating to the date on which the permit should take effect;

(e) a description of the goods the operator intends to carry on any journey to which the application relates;

(f) details of the goods vehicle the operator intends to use on any journey to which the application relates, including particulars of the gaseous and particulate pollutants emitted by the engine propelling the vehicle;

(g) if the operator is required to hold an operator’s licence for any journey to which the application relates(3), the number of that licence;

(h) if the application is for a type of permit under which the operator may make more than one journey, an estimate of the number and frequency of the journeys.

Withdrawal of application for permit

9.—(1) An operator may, by notifying the Secretary of State, withdraw their application at any time before the day on which the Secretary of State makes a decision on the application.

(2) The operator is not entitled to the return of the application fee.

Grant of permit

10.  The Secretary of State may only decide whether to grant a permit to an operator after considering the following—

(a) the number of permits available;

(b) the information contained in the application;

(c) the attachment of conditions;

(d) the obligations of the United Kingdom as a party to the agreement that relates to the listed country to, in or through which the operator proposes to use a goods vehicle on a journey.

Conditions

11.—(1) The Secretary of State may grant a permit subject to—

(a) the condition that the permit holder must pay the grant fee;

(b) the condition that, for the duration of the permit, the permit holder must hold an operator’s licence that is not suspended or curtailed;

(c) the condition that the permit holder must—

(i) keep a record of each journey made under the permit, and

(ii) provide the record to the Secretary of State;

(d) any other condition determined by the Secretary of State.

(2) A condition may be attached to a permit at any time before the permit has effect.

Duration of permit

12.  A permit has effect for the duration specified in the right-hand column of the table in relation to that type of permit.

Type of permit	Duration
ECMT annual permit	The period: beginning with: the day the permit is granted, or the day requested in the application (if any), if that day is within the period of 60 days beginning with the day the permit is granted, and ending with 31st December of the year in which the period begins.
ECMT international removal permit	The period of one year beginning with: the day the permit is granted, or the day requested in the application (if any), if that day is within the period of 60 days beginning with the day the permit is granted.
ECMT short-term permit	The period of 30 days beginning with the day the permit is granted, or the day requested in the application (if any), if that day is within the period of 60 days beginning with the day the permit is granted.
multiple-use permit; single-use permit	The period: beginning with: the day the permit is granted, or the day requested in the application (if any), if that day is within the period of 60 days beginning with the day the permit is granted, and ending with: for a permit relating to Azerbaijan or Belarus, 31st January of the year following the year in which the period begins, or for a permit relating to any other listed country, 31st December of the year in which the period begins.

Refusal of permit

13.—(1) If the Secretary of State decides not to grant a permit, the Secretary of State must notify the operator who applied for it, within the period of 28 days beginning with the day after the day the decision is made, of the reasons for the decision.

(2) The operator is not entitled to the return of the application fee.

Temporary exemption to deal with emergency or other special need

14.—(1) The Secretary of State may grant a temporary exemption from the prohibition imposed by regulation 4 for the purpose of enabling an emergency or some other special need to be dealt with.

(2) The temporary exemption may be created by—

(a) giving a notice in writing to the operator to whom it relates, or

(b) publishing a notice specifying the class of operators to whom it relates(4).

(1)

Certain bilateral agreements to which the United Kingdom is a party contain provisions excluding vehicles owned or operated by an operator from the territory of one of the parties where there has been an infringement of the agreement. The exclusion may be temporary or permanent.

(2)

The ECMT Multilateral Quota User Guide is available at: https://www.itf-oecd.org/sites/default/files/docs/guide_2022_0.pdf. A hard copy can be obtained on request from the International Road Haulage Permit Office: email [e-mail] or telephone [phone].

(3)

The operator of a goods vehicle may be obligated to hold an operator’s licence, in Great Britain, under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 or, in Northern Ireland, under section 1 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010.

(4)

Section 3(3) of the 2018 Act requires a notice under paragraph (2) to specify the vehicle or class of vehicles to which it relates and the journeys to which it relates.