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

PART 4 Haulage between two points in the EU

Part 4 – Interpretation

19.  In this Part—

“between member States” means, in relation to a journey, the journey from a location in a member State to a location in any other member State regardless of whether the journey is through any other country;

“copy” means a copy in electronic or paper form;

“country” includes territory;

“EU Market Information System” means the Internal Market Information System mentioned in Regulation (EU) No1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC(1) as it has effect in EU law;

“examiner” means—

(a)

an examiner appointed under section 66A of the Road Traffic Act 1988(2), or

(b)

an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995(3);

“goods vehicle” has the meaning given by section 1(5) of the 2018 Act(4);

“operator” has the meaning given by section 1(5) of the 2018 Act;

“posting declaration” has the meaning given in regulation 22(2);

“within a member State” means, in relation to a journey, the journey from a location in a member State to a location in the same member State regardless of whether the journey is through any other country.

Requirements for commercial journey within or between EU member States

20.—(1) The operator of a goods vehicle is prohibited from using it on a commercial journey for the carriage of goods between member States or within a member State unless the operator complies with the limit on journeys set out in regulation 21.

(2) The operator of a goods vehicle is prohibited from using it on a commercial journey for the carriage of goods between member States or within a member State unless the conditions specified in regulation 22 are satisfied in relation to the use of that vehicle in that manner.

(3) Paragraphs (1) and (2) do not apply where the use of the vehicle on a commercial journey for the carriage of goods between member States is authorised by, and takes place in accordance with, an ECMT annual permit or an ECMT short-term permit.

(4) Paragraph (2) does not apply unless—

(a) the journey is conducted under a contract concluded between the operator of the vehicle and another party for the carriage of goods, and

(b) there is a relevant contract between the person driving the vehicle on that journey and the operator of the vehicle for the duration of the journey.

Limit on number of journeys within the EU

21.—(1) The operator of a goods vehicle must not use it to make any laden journey between or within member States (“member State journey”) unless—

(a) the member State journey follows a laden journey from the United Kingdom to a member State,

(b) the member State journey is of a type listed in paragraph (2), and

(c) the vehicle has not left the territory of the European Union, except as part of a member State journey of a type listed in paragraph (2).

(2) The listed member State journeys are—

(a) if—

(i) the operator is a Northern Ireland operator, and

(ii) the laden journey from the United Kingdom to a member State is from Northern Ireland to Ireland,

up to two laden journeys within Ireland that occur within the period of seven days beginning with the day after the day on which the last unloading of goods on the laden journey from Northern Ireland to Ireland occurs;

(b) in the case of a use other than that mentioned in sub-paragraph (a), one laden journey within the member State that occurs within the period of seven days beginning with the day after the day on which the last unloading of goods on the laden journey from the United Kingdom to that member State occurs;

(c) if the vehicle has been used for one laden journey within the member State as mentioned in sub-paragraph (a) or (b), one laden journey between member States;

(d) if the vehicle has not been used for one laden journey within the member State as mentioned in sub-paragraph (a) or (b), up to two laden journeys between member States.

(3) In this regulation—

“Northern Ireland operator” means an operator who has—

(a)

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

(b)

no such licence, but has in Northern Ireland their principal place of business;

“within Ireland” means, in relation to a journey, the journey from a location in Ireland to another location in Ireland regardless of whether the journey is through Northern Ireland.

Posting requirements for journeys within the EU

22.—(1) The conditions specified for the purposes of regulation 20(2) are that—

(a) the operator submits a posting declaration at or before the time the journey commences, and

(b) during the journey the driver of the vehicle carries a copy of the posting declaration.

(2) In this regulation “posting declaration” means a declaration—

(a) made using the EU Market Information System, and

(b) declaring—

(i) the identity of the operator making the declaration;

(ii) the contact details of an individual located in the United Kingdom who is able to correspond with a representative of a member State on behalf of the operator;

(iii) the name, residential address and driving licence number of the driver of the vehicle on the journey for which the declaration is required;

(iv) the expected duration of the journey;

(v) the registration plate of the vehicle;

(vi) the start date of, and the law applicable to, the driver’s relevant contract with the operator.

Requirement to comply with posting enquiries

23.—(1) In this regulation—

“posting enquiry” means a request for information relating to a journey to or in a member State made by, or on behalf of, the member State using the EU Market Information System;

“relevant date” means the last day of the period of one year beginning with the day after the day the journey to which the posting enquiry relates finishes;

“relevant enquiry” means a posting enquiry that is made within the period beginning with the day the journey commences and ending with the relevant date.

(2) Where regulation 20(2) applies, the operator of a goods vehicle which is used at any time on a commercial journey for the carriage of goods between member States or within a member State must, in accordance with paragraph (3), comply with any relevant enquiry.

(3) The operator must comply with a relevant enquiry within the period of 56 days beginning with the day after the day the enquiry is made.

Power to stop

24.—(1) Paragraph (2) applies if it appears to—

(a) in Great Britain, a stopping officer, or

(b) in Northern Ireland, an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995,

that a goods vehicle is being used on a journey between member States or within a member State.

(2) In Great Britain, the stopping officer or, in Northern Ireland, the examiner may direct the driver to stop the vehicle for the purpose of enabling an examiner to exercise the power under regulation 25(2)(a).

(3) In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988(5).

Production of posting declaration and inspection of vehicles

25.—(1) An examiner may exercise the powers under this regulation in relation to a goods vehicle if it appears to the examiner that—

(a) the vehicle has been used on a journey to which regulation 20(1) applies and that the limit on journeys set out in regulation 21 has not been complied with,

(b) the vehicle has been used on a journey to which regulation 20(2) applies and that the condition in regulation 22(1)(a) has not been satisfied, or

(c) the vehicle is being used on a relevant journey.

(2) The examiner may—

(a) inspect the vehicle for the purpose of checking that the use of the vehicle on the relevant journey does not, or did not, breach regulation 20(1) or (2);

(b) require the driver of a vehicle being used on a journey to which regulation 20(2) applies to produce a copy of the posting declaration that is carried on the vehicle and allow the examiner to inspect and copy it.

(3) The examiner may detain the vehicle for the purpose of—

(a) exercising powers under paragraph (2), or

(b) taking other steps to check that the use of the vehicle on the relevant journey does not, or did not, breach regulation 20(1) or (2).

(4) Before exercising a power under this regulation an examiner must, if requested to do so, produce evidence of the examiner’s authority.

(5) In this regulation “relevant journey” means a journey to which regulation 20(1) applies.

Prohibition notices

26.—(1) An examiner may prohibit a goods vehicle in the United Kingdom from being taken to a member State if it appears to the examiner that—

(a) the vehicle is being used on a journey between member States or within a member State,

(b) the condition in regulation 22(1)(a) has not been satisfied, and

(c) a breach of regulation 20(2) arises because the journey is to the member State or passes through it.

(2) A prohibition may apply—

(a) for a particular purpose or absolutely;

(b) for a particular period or indefinitely.

(3) A prohibition is imposed by giving a notice to the driver of the vehicle.

(4) The notice must specify—

(a) the member State to which the prohibition relates;

(b) the circumstances as a result of which the prohibition is imposed;

(c) the purpose for which the prohibition applies or that it applies absolutely;

(d) the period for which the prohibition applies or that it applies indefinitely.

(5) An examiner may remove a prohibition under this regulation by giving a notice to the driver or operator of the vehicle.

(6) A notice under this regulation takes effect when it is given.

(7) An examiner who gives a notice under this regulation to a driver of a vehicle must, as soon as practicable after the notice is given, take steps to bring the contents of the notice to the attention of the operator of the vehicle unless the driver is the operator.

Offences: breach of regulations etc.

27.—(1) The operator of a goods vehicle commits an offence if, without reasonable excuse—

(a) the operator uses the vehicle, whether in the United Kingdom or elsewhere, in breach of regulation 20(1) or (2), or

(b) the operator does not comply with the requirement in regulation 23(2).

(2) Any person who wilfully fails to comply with a direction given by an examiner in the exercise of the power conferred under regulation 24(2) is guilty of an offence.

(3) The driver of a goods vehicle commits an offence if, without reasonable excuse, the driver breaches a requirement under regulation 25(2)(b).

(4) A person commits an offence if the person wilfully obstructs an examiner in the exercise of powers under regulation 25.

(5) A person commits an offence if the person, without reasonable excuse—

(a) breaches a prohibition under regulation 26, or

(b) causes or permits a breach of a prohibition under that regulation.

(6) A person who commits an offence under paragraph (1) or (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) A person who commits an offence under paragraph (2), (3) or (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(1)

OJ No. L 316, 14.11.2012, p. 1, amended by OJ No. L 295, 21.11.2018, p. 1 and OJ No. L 249, 31.7.2020, p. 9; other amendments are not relevant. The Internal Market Information System may be accessed via https://ec.europa.eu/internal_market/imi-net/about/index_en.htm.

(2)

Section 66A was inserted by section 9(1) of the Road Traffic Act 1991 (c. 40).

(3)

S.I. 1995/2994 (N.I. 18). There are amending instruments, but none are relevant.

(4)

Part 4 is made under the European Union (Future Relationship) Act 2020 (c. 29) so terms defined in the 2018 Act do automatically attract the meaning from that Act.

(5)

Section 66B was inserted by S.I. 2011/996.