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

PART 3 Enforcement of permit requirement

Direction to comply with permit condition

15.—(1) This regulation applies if an operator—

(a) holds a permit to which a condition has been attached under regulation 11, and

(b) breaches such a condition.

(2) The Secretary of State may—

(a) notify the operator of the breach of the condition, and

(b) direct the operator to remedy the breach within the period of 28 days beginning with the day after the day the operator is so notified.

Cancellation of permit

16.—(1) The Secretary of State may cancel a permit if the operator who holds it—

(a) requests its cancellation,

(b) breaches a condition attached to it under regulation 11, or

(c) is guilty of an offence (relating to forgery, false statements, etc.) in respect of the permit, or an application for that permit, under any of the following—

(i) section 173(1) of the Road Traffic Act 1988(1);

(ii) section 174(1)(e) of the Road Traffic Act 1988;

(iii) Article 174(1)(a)(iii) of the Road Traffic (Northern Ireland) Order 1981(2);

(iv) Article 174(2) of the Road Traffic (Northern Ireland) Order 1981;

(v) section 36(1) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(3);

(vi) section 37(1)(e) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010.

(2) If the Secretary of State cancels a permit, the Secretary of State must notify the operator of—

(a) the reason for cancelling it, and

(b) the date on which it ceases to have effect, which must not be before the end of the period of 28 days beginning with the day after the day the operator is so notified.

(3) A permit may be cancelled for a breach of a condition attached to it regardless of whether the Secretary of State notifies the operator of the breach under regulation 15.

(4) Unless the Secretary of State withdraws a cancellation notification, or there is a decision under regulation 18(2)(b) that the cancellation should be suspended pending an appeal, a permit ceases to have effect on the date specified in the notification.

Appeal against cancellation

17.—(1) An operator who has a permit cancelled under regulation 16(1) may appeal against the decision to cancel the permit on the ground that the Secretary of State made an error of fact or law in making that decision.

(2) An appeal under paragraph (1) may be made to—

(a) a traffic commissioner if the operator has—

(i) a licence issued to an operator under the Goods Vehicles (Licensing of Operators) Act 1995, or

(ii) no operator’s licence, but has in Great Britain their principal place of business for which the permit was required, or

(b) the Upper Tribunal(4) if the operator has—

(i) a licence issued to an operator under the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, or

(ii) no operator’s licence, but has in Northern Ireland their principal place of business for which the permit was required.

(3) The traffic commissioner or the Upper Tribunal, as the case may be, may in relation to an appeal under paragraph (1)—

(a) confirm the Secretary of State’s decision to cancel the permit, or

(b) quash the decision.

Appeal to traffic commissioner

18.—(1) An appeal to a traffic commissioner against the cancellation of a permit must be brought within the period of 28 days beginning with the day after day the operator is notified of the cancellation.

(2) The traffic commissioner deciding the appeal must—

(a) consider any written representations made, and any evidence provided, by the appellant,

(b) if the appellant makes a written application for the cancellation to be suspended pending the appeal, decide whether the cancellation should be so suspended,

(c) decide the appeal and inform the appellant of the outcome of the appeal—

(i) within the period of 56 days beginning with the day after the day the appeal is brought, or

(ii) within any further period the traffic commissioner considers necessary for the appeal to be dealt with fairly and justly, and

(d) provide reasons for any decision made under this regulation.

(3) The traffic commissioner may include in any decision made under this regulation any directions the traffic commissioner considers appropriate to give effect to it.

(1)

1988 c. 52. Section 173(2)(l) has the effect that the offence in section 173(1) applies to any international road haulage permit and section 192(1), as amended by paragraph 3 of the Schedule to the 2018 Act, has the effect that “international road haulage permit” includes an international road transport permit within the meaning given by section 1(2) of the 2018 Act.

(2)

S.I. 1981/154 (N.I. 1), amended by paragraph 2 of the Schedule to the 2018 Act and S.I. 2007/916 (N.I. 10); other amendments are not relevant. Article 174(2A)(c) has the effect that the offence in Article 174(2) applies to any international road haulage permit and Article 174(5A) has the effect that “international road haulage permit” includes an international road transport permit within the meaning given by section 1(2) of the 2018 Act.

(3)

Section 36(2)(e) has the effect that the offence in section 36(1) applies to any international road haulage permit and section 58(1), as amended by paragraph 4 of the Schedule to the 2018 Act has the effect that “international road haulage permit” includes an international road transport permit within the meaning given by section 1(2) of the 2018 Act.

(4)

The Upper Tribunal was established by section 3(2) of the Tribunal, Courts and Enforcement Act 2007 (c. 15). Information on appealing to the Upper Tribunal is available at www.gov.uk/administrative-appeals-tribunal. The procedure for the Upper Tribunal is enacted in the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698).