The Goods Vehicles (Licensing of Operators and International Road Transport Permits) (Amendment) Regulations 2024

This Statutory Instrument has been made in consequence of a defect in S.I. 2023/805 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2024 No. 830

ROAD TRAFFIC

TRADE

The Goods Vehicles (Licensing of Operators and International Road Transport Permits) (Amendment) Regulations 2024

Made

26th July 2024

Laid before Parliament

29th July 2024

Coming into force

19th August 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(2)(d) and 57(1), (6), (7)(a) and (8) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”)(1) and sections 1(1) and (3), 2(2)(c) and 25(1)(b) of the Haulage Permits and Trailer Registration Act 2018 (“the 2018 Act”)(2).

In accordance with section 57(12) of the 1995 Act, the Secretary of State has consulted with such representative organisations as the Secretary of State thinks fit.

In accordance with section 23(1) of the 2018 Act, the Secretary of State has consulted with such persons as the Secretary of State thinks fit.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Goods Vehicles (Licensing of Operators and International Road Transport Permits) (Amendment) Regulations 2024 and come into force on the 21st day after the day on which they are laid before Parliament.

(2) This regulation and regulation 3 extend to England and Wales, Scotland and Northern Ireland.

(3) Regulation 2 extends to England and Wales and Scotland.

Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995

2.—(1) The Goods Vehicles (Licensing of Operators) Regulations 1995(3) are amended as follows.

(2) In Schedule 3 (classes of vehicles for which a licence is not required)—

(a) in paragraph 39(1) (interpretation of Part 3), in the definition of “livestock”, in paragraph (a), omit “deer,”;

(b) in paragraph 40 (vehicles used by operators authorised etc. in Northern Ireland)—

(i) in sub-paragraph (1)(b), omit “for hire or reward”;

(ii) omit sub-paragraph (2);

(c) in paragraph 43(2)(f) (vehicles used by operators authorised in Azerbaijan), after “medical supplies” insert “, or goods for humanitarian aid,”;

(d) in paragraph 56 (vehicles used by operators authorised in Norway)—

(i) for sub-paragraph (1) substitute—

“(1) A Norway vehicle—

(a) brought temporarily into Great Britain by a Norway operator,

(b) used by the operator for the carriage of goods on a journey—

(i) from the United Kingdom to Norway, or vice versa, or

(ii) through the United Kingdom from, and to, any other country, and

(c) which is any of the following—

(i) a livestock vehicle;

(ii) a medium-weight vehicle;

(iii) a newly-acquired unladen vehicle being delivered to its final destination;

(iv) a vehicle on a journey to transfer furniture and other moveable effects in connection with a person's change in place of business or residence;

(v) a vehicle used for recovery;

(vi) any other vehicle used by the operator for the carriage only of one or more of the goods listed in sub-paragraph (1A);

(vii) any other vehicle used by the operator for the carriage of goods under a permit issued to the operator pursuant to Article 4 of the UK-Norway Agreement, if the driver of the vehicle is carrying the permit.

(1A) The goods are—

(a) a broken-down or damaged vehicle;

(b) goods carried on a non-commercial basis for—

(i) a cinematographic, circus, musical or theatrical performance;

(ii) an exhibition, but only if an artwork or art object for the exhibition;

(iii) a fair, fête or sports event;

(iv) a film, radio or television production;

(c) goods carried from or to an airport in support of an air service that has been diverted;

(d) goods carried on own account;

(e) medical supplies for use in the event of a natural disaster, emergency or other humanitarian need;

(f) postal packets;

(g) provisions, and spare parts, for an aircraft or ocean-going ship;

(h) the remains of a deceased individual.”;

(ii) in sub-paragraph (2)—

(aa) omit the definition of “Community licence”;

(bb) in the definition of “the UK-Norway Agreement”, at the end insert “, as amended on or before 24th January 2024(4)”;

(e) in paragraph 64(3) (vehicles used by operators authorised in Ukraine), for “standards compliant”, in both places those words occur, substitute “standards-compliant”;

(f) in paragraph 68(3)(c) (vehicles used by ECMT operators not established in the United Kingdom or the European Union), for “paragraph 44(5)” substitute “paragraph 44(3)”.

(3) In Schedule 3A(2) (modifications to section 5 of the 1995 Act for certain international operators), after sub-paragraph (b) insert—

“(ba) in subsection (3)—

(i) “motor vehicle or” were omitted;

(ii) “motor vehicles or” were omitted;”.

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

3.—(1) The Goods Vehicles (International Road Transport Permits and Haulage Within the EU) Regulations 2024(5) are amended as follows.

(2) In regulation 12 (duration of permit), in the table, in the entry for “multiple-use permit; single-use permit”, in the right-hand column, for “or Belarus” substitute “, Belarus or Norway”.

(3) In Schedule 1 (listed countries (countries in relation to which there is an agreement)), after paragraph 26 insert—

“26A.   Norway”.

(4) In Schedule 2 (descriptions of uses which do not require permits), after paragraph 12 insert—

“Norway

12A.— (1) The use of a goods vehicle by its operator on a journey to, in or through Norway if—

(a) the vehicle is any of the following—

(i) a livestock vehicle;

(ii) a medium-weight vehicle;

(iii) a recovery vehicle;

(iv) a newly-acquired unladen vehicle being delivered to its final destination;

(v) a vehicle on a journey to transfer furniture and other moveable effects in connection with a person's change in place of business or residence;

(vi) a vehicle on a journey for the carriage only of one or more of the goods listed in sub-paragraph (2), and

(b) the journey is—

(i) to Norway and the origin of the journey is the United Kingdom, or vice versa, or

(ii) through Norway.

(2) The goods are—

(a) a broken-down or damaged vehicle;

(b) goods carried on a non-commercial basis for—

(i) a cinematographic, circus, musical or theatrical performance;

(ii) an exhibition, but only if an artwork or art object for the exhibition;

(iii) a fair, fête or sports event;

(iv) a film, radio or television production;

(c) goods carried from or to an airport in support of an air service that has been diverted;

(d) goods carried on own account;

(e) medical supplies for use in the event of a natural disaster, emergency or other humanitarian need;

(f) postal packets;

(g) provisions, and spare parts, for an aircraft or ocean-going ship;

(h) the remains of a deceased individual.”.

Signed by authority of the Secretary of State for Transport

Lilian Greenwood

Parliamentary Under Secretary of State

Department for Transport

26th July 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Goods Vehicles (Licensing of Operators) Regulations 1995 (S.I. 1995/2869) (“the 1995 Regulations”) and the Goods Vehicles (International Road Transport Permits and Haulage Within the EU) Regulations 2024 (S.I. 2024/679) (“the 2024 Regulations”). The 1995 Regulations extend to Great Britain and the 2024 Regulations extend to the United Kingdom.

Regulation 2 amends Schedule 3 to the 1995 Regulations in order to—

(a) remove the requirement for the driver of a vehicle registered in Northern Ireland, brought temporarily into Great Britain and used for the carriage of goods other than for hire or reward, to carry a document setting out certain information in order to be exempt from the requirement to hold an operator licence in Great Britain;

(b) update the classes of vehicles registered in Norway and brought temporarily into Great Britain for which there is an exemption to the requirement to have an operator licence, for example those carrying only certain goods or in respect of which a permit has been issued;

(c) make minor amendments to address errors identified in the Goods Vehicles (Licensing of Operators) (Exemptions and Modifications) (Amendment) Regulations 2023 (S.I. 2023/805) (“the 2023 Regulations”), which amended the 1995 Regulations (see regulation 2(2)(a), (c), (e) and (f)).

Regulation 2 also amends Schedule 3A to the 1995 Regulations to make a further modification to section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) to address an error identified in the 2023 Regulations (see regulation 2(3)).

Regulation 3 amends the 2024 Regulations to provide for the issuing of permits for journeys to, in or through Norway. This includes providing for the duration of such permits, and specifying the uses which do not require a permit.

A full 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 is published alongside this instrument at www.legislation.gov.uk.

(1)

1995 c. 23. See section 58(1) for the definitions of “prescribed” and “regulations”.

(2)

2018 c. 19. See section 1(2) for the definition of “international road transport permit”, section 1(4) for the definition of “relevant international agreement” and section 1(5) for the definition of “regulations”.

(3)

S.I. 1995/2869, amended by S.I. 2023/805; there are other amending instruments but none is relevant.

(4)

Amended by Treaty Series No. 22 (2024) and Treaty Series No. 23 (2024). Information on locating the amending texts may be found online at www.gov.uk/guidance/uk-treaties. Hard copies can be obtained on request from the International Road Haulage Permit Office: email [e-mail] or telephone [phone].

(5)

S.I. 2024/679.