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

PART 1 Preliminary provisions

Additional definitions for Schedule 2

1.  In this Schedule—

“livestock vehicle” has the meaning given in paragraph 2;

“maximum laden weight” has the meaning given in Part 4 of Schedule 6 to the Road Traffic Regulation Act 1984(1);

“medical supplies” includes—

(a)

medical appliances, equipment and products;

(b)

medicines and medicaments;

“medium-weight vehicle” has the meaning given in paragraph 3;

“moving vehicle” means a goods vehicle—

(a)

on a journey for the relocation of furniture or other moveable effects, and

(b)

being operated by an operator who uses specialised equipment and personnel for carrying out relocations;

“non-commercial basis” has the meaning given in paragraph 4;

“own account” has the meaning given in paragraph 5;

“postal packet” means a letter, parcel, packet or other article transmissible by post;

“recovery vehicle” means a goods vehicle on a journey to remove, repair, replace, return or support a goods vehicle that has broken-down on a journey made in accordance with these Regulations.

Meaning of “livestock vehicle”

2.—(1) A “livestock vehicle” is a goods vehicle—

(a) being used for the transport of livestock, and

(b) in respect of which a certificate of approval of means of transport by road has been granted under Article 18 of EUR 2005/1.

(2) In this paragraph—

“EUR 2005/1” means—

(a)

Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97(2), or

(b)

Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97(3) as it has effect under section 7A of the European Union (Withdrawal) Act 2018(4);

“livestock” includes the following domesticated animals—

(a)

bovids, which includes buffalo, cattle, goats, sheep and yaks;

(b)

camelids, which includes alpacas and llamas;

(c)

cervids, which includes deer and elk;

(d)

equids, which includes asses, hinnies, horses and mules;

(e)

fowl, which includes chickens, ducks, geese, pheasants and turkeys;

(f)

pigs.

Meaning of “medium-weight vehicle”

3.—(1) A “medium-weight vehicle” is a goods vehicle with either or both—

(a) a maximum laden weight not exceeding 6 tonnes;

(b) a maximum payload weight not exceeding 3.5 tonnes.

(2) In this paragraph—

“kerbside weight” means the mass of a goods vehicle when it carries nothing other than—

(a)

a full supply of fuel in its fuel tank,

(b)

an adequate supply of other liquids incidental to its propulsion, and

(c)

any loose tools and equipment with which it is normally equipped;

“maximum payload weight” means, in relation to a goods vehicle, the difference in mass between the kerbside weight of the vehicle and the maximum laden weight of the vehicle.

Meaning of “non-commercial basis”

4.  The operator of a goods vehicle uses it for the carriage of goods on a “non-commercial basis” if—

(a) the purpose of the carriage is not to directly or indirectly generate any profit, or

(b) the goods will be—

(i) exhausted in the destination country, or

(ii) used temporarily before being returned to the country of origin without alteration.

Meaning of “own account”

5.  The operator of a goods vehicle uses it for the carriage of goods on “own account” if—

(a) the operator—

(i) owns the goods, or

(ii) has bought, extracted, hired, let out on hire, processed, produced, repaired or sold the goods,

(b) the vehicle is—

(i) hired, leased or owned by the operator, and

(ii) driven by the operator or a person under a relevant contract with the operator,

(c) the goods are carried—

(i) from or to the operator’s premises, or

(ii) between other places for the operator’s own requirements, and

(d) the carriage of the goods is no more than ancillary to the overall activities of the operator.

(1)

1984 c. 27.

(2)

EUR 2005/1, amended by S.I. 2019/58 and 802, 2020/1590, 2022/846, 1090 and 1315 and 2023/287 and 261.

(3)

OJ No. L 3, 5.1.2005, p. 1, amended by OJ No. L 95, 7.4.2017, p. 1.

(4)

2018 c. 16. Section 7A was inserted by section 5 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and gives legal effect to Council Regulation (EC) No 1/2005 in accordance with Article 5(4) of, and paragraph 40 of Annex 2 to, the Protocol on Ireland/Northern Ireland (which is part of the withdrawal agreement as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020).