1996 No. 2186

ROAD TRAFFIC

The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996

Made22nd August 1996

Laid before Parliament29th August 1996

Coming into force26th September 1996

The Secretary of State for Transport, in exercise of the powers conferred by sections 57(1), (2), (6), (7) and (8) of the Goods Vehicles (Licensing of Operators) Act 19951 and of all other powers enabling him in that behalf, and after consultation with representative organisations in accordance with section 57(12) of that Act, hereby makes the following Regulations:

Citation and commencementI11

These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 and shall come into force on 26th September 1996.

RevocationI22

The Regulations listed in column (1) of Schedule 1 to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule.

InterpretationI33

1

In these Regulations—

“the Act” means the Goods Vehicles (Licensing of Operators) Act 1995;
F22“Euro V standards on emissions” means the emissions limit values set out in row B2 and row C of each of the tables in Section 6.2.1 of Annex I to Directive 2005/55/EC of the European Parliament and Council of 28 September 2005;
F22“Euro VI standards on emissions” means the emissions limit values set out in Annex I to Regulation 595/2009 of the European Parliament and Council of 18 June 2009 as amended;
F9...
F10...
“foreign goods vehicle” means a goods vehicle—
1. a
  which is operated by a person who is not established in the United Kingdom and has been brought temporarily into Great Britain;
2. b
  which is not being used for international carriage by a haulier who is established in a Member State other than the United Kingdom;
3. c
  which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom; and
4. d
  which, F11(except in the case of use in a cabotage operation permitted under Regulation (EC) No. 1072/2009) , is not used at any time during the said journey for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom;
F12“international carriage” has the meaning which it bears in Article 2 of Regulation (EC) No. 1072/2009;
“loading” includes attaching to a drawing vehicle a trailer which has been loaded with goods before it is so attached, and “loaded” shall be construed accordingly;
“Northern Ireland goods vehicles” means a goods vehicle of which the operating centre is in Northern Ireland and—
1. a
  which has been brought temporarily into Great Britain;
2. b
  which is not being used for international carriage by a haulier who is established in Northern Ireland and is not established in Great Britain;
3. c
  which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside Great Britain; and
4. d
  which—
  1. i
    in the case of a motor vehicle, is registered in Northern Ireland or Great Britain; or
  2. ii
    in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Northern Ireland goods vehicle; F13...
F14“Regulation (EC) No. 1072/2009” means Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21st October 2009 on common rules for access to the international road haulage market; and
“relief vehicle” means a vehicle used for transporting goods which is sent to replace a vehicle which has broken down, and which continues the haul under cover of the licence, permit, or other document issued for the vehicle which has broken down.

2

For the purposes of these Regulations—

a

the permissible laden weight and the permissible pay load of a vehicle shall be determined by reference to the law of the country where the vehicle is registered or, in the case of a trailer which is not registered, by reference to the law of the country where the drawing vehicle is registered; and

b

a combination of a motor vehicle drawing a trailer shall be treated, for the purpose of determining the permissible laden weight or the permissible pay load, as the case may be, as a single vehicle.

3

In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations.

Exemptions for foreign vehicles used for certain purposesI44

Notwithstanding anything in F23regulations 8 to 30N, section 2(1) of the Act (Users of certain goods vehicles to hold operators’ licences) shall not apply to the use in Great Britain of a foreign goods vehicle for the carriage of any goods specified in paragraph 1, 2, 4, 5, 6, 7 or 8 of Schedule 2.

Exemptions for Northern Ireland or foreign goods vehicles used for the carriage of goods between Member States of the European CommunityI55

Notwithstanding anything in F24regulations 8 to 30N, section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle for the carriage of goods between Member States of the European Community—

a

where the vehicle is—

F33i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

a motor vehicle, or trailer drawn by a foreign goods vehicle, having a permissible laden weight not exceeding 6 metric tons or a permissible pay load not exceeding 3.5 metric tons; or

iii

a relief vehicle; or

b

where the goods so carried are those specified in paragraphs 9, 16, 17, 18, 20, 21, 26 or 28 of Schedule 2; or

F34c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

where the goods are being carried for or in connection with any trade or business carried on by the undertaking carrying them and each of the following conditions are fulfilled:—

i

the goods are the property of the undertaking carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that undertaking;

ii

the purpose of the journey is to carry the goods to or from the undertaking carrying them or to move them either inside that undertaking, or outside for that undertaking’s own requirements;

iii

the vehicle used for such carriage is being driven by an employee of the undertaking;

iv

except in the case of a replacement vehicle during a short breakdown of the vehicle normally used, the vehicle used for carrying the goods is owned by the undertaking carrying them or has been bought by it on deferred terms or hired in accordance with the conditions on the use of vehicles hired without drivers for the carriage of goods by road contained in Council Directive (EEC) No. 84/6477

F35Exemption for Northern Ireland goods vehicles, or other goods vehicles established outside the United Kingdom, with international licencesI66

Notwithstanding anything in F25regulations 8 to 30N, section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland F36... goods vehicle F37, or other goods vehicle whose operator’s State of establishment is not the United Kingdom, for the carriage of goods for hire or reward if the vehicle is being used by virtue of a licence issued pursuant to the scheme adopted by Resolution of the Council of Ministers of Transport on 14th June 19738 and the licence is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn.

Exemption for foreign goods vehicles F7being used to carry out Community F31and other cabotage operations and for Northern Ireland goods vehicles carrying goods in Great Britain or between Northern Ireland and Great BritainI77

F81

Notwithstanding anything in F26regulations 8 to 30N, section 2(1) of the Act shall not apply in the case of a foreign goods vehicle being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in Great Britain in accordance with the provisions of F15Regulation (EC) No. 1072/2009.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland goods vehicle for the carriage of goods between places of loading or unloading in Great Britain or between one such place in Northern Ireland and another such place in Great Britain.

F323

Section 2(1) of the Act shall not apply to the use of a foreign goods vehicle in Great Britain where that vehicle is being used in Great Britain to carry out a cabotage operation—

a

which consists of national carriage for hire or reward by a haulier;

b

where the vehicle has entered the United Kingdom lawfully in the course of a laden international road transport and no more than 14 days has elapsed beginning with the day on which the vehicle arrived in the United Kingdom in the course of that laden journey; and

c

the vehicle is being used at any time during the period beginning with 28th October 2021and ending with 30th April 2022.

Exemption for Albanian goods vehiclesI88

1

In this regulation “Albanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Albania to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Albania.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of an Albanian goods vehicle for the carriage of any goods.

Exemptions and modifications for Austrian goods vehiclesI99

1

In this regulation “Austrian goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is owned by or operated by or on behalf of a person—

i

who is authorised under Austrian law to use that vehicle for the carriage of goods in the Republic of Austria; or

ii

who, if Austrian law permits him so to use that vehicle without being so authorised, uses that vehicle primarily or substantially for that purpose in that country; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is an Austrian goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of an Austrian goods vehicle for the carriage of any goods specified in paragraph 1, 2, 4, 5, 6, 7, 8, 9, 10, 15, 17, 18, 19, 20, 21, 24, 26 or 27 of Schedule 2.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of an Austraian goods vehicle which is a vehicle specified in Schedule 3.

4

In relation to an Austrian goods vehicle used for the carriage of any goods, for or in connection with any trade or business carried on by the user of the vehicle, in a case to which neither of the preceding exemptions applies, section 2(1) of the Act shall have effect as set out in Schedule 4.

5

In relation to an Austrian goods vehicle used for the carriage of goods in a case to which neither of the preceding exemptions nor the preceding modification apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Bulgarian goods vehiclesI1010

1

In this regulation “Bulgarian goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Republic of Bulgaria; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Bulgarian goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Bulgarian goods vehicle for the carriage of any goods.

Exemption for Channel Islands goods vehiclesI1111

1

In this regulation “Channel Islands goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Channel Islands; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Channel Islands goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Channel Islands goods vehicle for the carriage of any goods.

Exemptions and modifications for Cypriot goods vehiclesI1212

1

In this regulation “Cypriot goods vehicle” means a foreign goods vehicle which is owned by, or operated by or on behalf of, a person who is authorised under the law of the Republic of Cyprus to use the vehicle in that country for the international carriage of goods, and which, in the case of a motor vehicle, is registered in the Republic of Cyprus.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle for the carriage of any goods specified in paragraph 1, 2, 3, 5, 9, 10, 16, 22, 23 or 24 of Schedule 2.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle specified in Schedule 3.

4

Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle which is a vehicle used for the recovery of a damaged vehicle.

5

In relation to a Cypriot goods vehicle used for the carriage of goods, for or in connection with any trade or business carried on by the user of the vehicle, in a case to which none of the preceding exemptions apply, section 2(1) of the Act shall have effect as if for the words from “(a) hire or reward” to the end of that subsection there were substituted the words

for or in connection with any trade or business carried on by him unless there is carried on the vehicle or, if that vehicle is a trailer, on the motor vehicle by which it is drawn a document containing the following particulars:—
a
the place at which and the date on which the document was made out;
b
the name and address of the carrier and a description of the nature of his business;
c
if the goods carried, or to be carried, or any of them, are to be collected from or delivered to, any person other than the carrier, the name and address of that person and a description of the nature of his business;
d
the place or places at which the vehicle is to be loaded or unloaded;
e
the nature and gross weight, or other indication of quantity, of the goods;
f
the carrying capacity of the vehicle by weight;
g
the index mark and registration number of the vehicle, or if the vehicle does not carry an index mark or any registration number, the chassis number of the vehicle;
h
the place of entry of the vehicle into, or of exit from, the United Kingdom;
i
the signature of the carrier or his authorised agent.

6

In relation to a Cypriot goods vehicle used for the carriage of goods in a case to which none of the preceding exemptions nor the preceding modification apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

F4Exemption for Czech goods vehicles13

1

In this regulation—

“Czech goods vehicle” means a goods vehicle which—
1. a
  is owned or operated by a person who is authorised under the law of the Czech Republic to engage in the international carriage of goods by road for hire or reward or on his own account;
2. b
  in the case of a motor vehicle, is registered in the Czech Republic;
3. c
  has been temporarily brought into Great Britain; and
4. d
  is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom.
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Czech Republic on international road transport signed on 27th of May 1998 comes into force.

2

Where a Czech goods vehicle is not used at any time during the journey upon which it is engaged for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom—

a

regulations 4, 5, 6 and 7 shall apply to the Czech goods vehicle as they apply to a foreign goods vehicle; and

b

section 2(1) of the Act shall not apply to the use in Great Britain of the Czech goods vehicle for the carriage of any goods.

3

On and after the relevant date, where a Czech goods vehicle is used at any time for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Faroese goods vehiclesI1314

1

In this regulation “Faroese goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Faroe Islands; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Faroese goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Faroese goods vehicle for the carriage of any goods.

Exemptions and modifications for Estonian goods vehiclesI1415

1

In this regulation—

“Estonian goods vehicle” means a foreign goods vehicle—
1. a
  which, in the case of a motor vehicle, is registered in the Republic of Estonia; and
2. b
  which, in the case of a trailer, is owned by or operated by or on behalf of a person who under Estonian law is authorised to use that vehicle for the carriage of goods in the Republic of Estonia.
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Republic of Estonia on international road transport signed on 16th August 199510 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of an Estonian goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9, 18, 20, 21, 22, 23 or 24 of Schedule 2 and in such a case these provisions shall have effect as if the words “or broken-down” were added after “damaged” in paragraph 5.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of an Estonian goods vehicle specified in paragraph 1 of Schedule 3.

4

In relation to an Estonian goods vehicle being used for the carriage of goods in a case to which the preceding exemptions do not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Hungarian goods vehiclesI1516

1

In this regulation “Hungarian goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Republic of Hungary; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Hungarian goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of an Hungarian goods vehicle for the carriage of any goods.

Exemption for Jordanian goods vehiclesI1617

1

In this regulation “Jordanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Hashemite Kingdom of Jordan to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Hashemite Kingdom of Jordan.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Jordanian goods vehicle for the carriage of any goods.

Exemption for Latvian goods vehiclesI1718

1

In this regulation—

“Latvian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Latvia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Latvia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Latvia on international road transport signed on 6th December 199311 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Latvian goods vehicle for the carriage of any goods.

Exemption for Lithuanian goods vehiclesI1819

1

In this regulation—

“Lithuanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Lithuania to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Lithuania; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Lithuania on international road transport signed on 2nd November 199412 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Lithuanian goods vehicle for the carriage of any goods.

Exemption for Manx goods vehiclesI1920

1

In this regulation “Manx goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Isle of Man; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Manx goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Manx goods vehicle for the carriage of any goods.

Exemption and modification for Moroccan goods vehiclesI2021

1

In this regulation—

“Moroccan goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Kingdom of Morocco to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Kingdom of Morocco; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Morocco on international road transport signed on 15th April 199413 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Moroccan goods vehicle for the carriage of any goods specified in paragraph 2, 9, or 31 of Schedule 2.

3

In relation to a Moroccan goods vehicle used for the carriage of goods in a case to which the preceding exemption applies, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption and modification for Northern Ireland goods vehiclesI2122

1

Section 2(1) of the Act shall not apply to the use of a Northern Ireland goods vehicle for the carriage of goods for hire or reward where there is in force in relation to the use of that vehicle in Northern Ireland or, in the case of a trailer, the vehicle by which it is drawn, a licence under section 17 of the Transport Act (Northern Ireland) 196714.

2

In relation to a Northern Ireland goods vehicle used for the carriage of goods otherwise than for hire or reward, section 2(1) of the Act shall have effect as set out in Schedule 4.

Exemption for Polish goods vehiclesI2223

1

In this regulation “Polish goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Republic of Poland; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Polish goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Polish goods vehicle for the carriage of any goods.

Exemption for Romanian goods vehiclesI2324

1

In this regulation “Romanian goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in Romania; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Romanian goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Romanian goods vehicle for the carriage of any goods.

F5Exemption for Slovak goods vehicles25

1

In this regulation—

“Slovak goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Slovak Republic to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Slovak Republic; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Slovak Republic on international road transport signed on 11th of January 2001 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Slovak goods vehicle for the carriage of any goods.

Exemptions and modification for the Republics of the former Soviet Union goods vehiclesI2426

1

In this regulation “Republic of the former Soviet Union goods vehicle” means a foreign goods vehicle which is not provided for elsewhere in these Regulations—

a

which is owned by, or operated on behalf of, a person who is authorised under the law of a Republic of the former Union of Soviet Socialist Republics to use the vehicle in that country for the international carriage of goods; and

b

which, in the case of a motor vehicle, is registered in a Republic of the former Union of Soviet Socialist Republics; and

c

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Republic of the former Soviet Union goods vehicle.

2

3

Subject to paragraphs (6) and (7) below, section 2(1) of the Act shall not apply to the use of a Republic of the former Soviet Union goods vehicle for the carriage of any goods specified in paragraph 21, 22 or 23 of Schedule 2 if the goods are to be, or are being, returned to the country of origin of the vehicle or are to be, or are being, taken to another country.

4

Subject to paragraphs (6) and (7) below, section 2(1) of the Act shall not apply to the use of a Republic of the former Soviet Union goods vehicle which is a vehicle specified in paragraph 2 or 3 of Schedule 3.

5

Subject to paragraphs (6) and (7) below, in relation to a Republic of the former Soviet Union goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 2(1) shall have effect as set out in Schedule 5.

6

The foregoing exemptions and modification shall not apply unless there is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn—

a

in the case of the carriage of goods under a contract to which the Convention on the Contract for the International Carriage of Goods by Road (as given the force of law in the United Kingdom by section 1 of the Carriage of Goods by Road Act 196515) applies, a consignment note made out in accordance with that Convention and containing the particulars specified therein, or

b

in the case of the carriage of goods otherwise than under such a contract, a document or documents containing the following particulars:

i

the date of the document and the place at which it is made out;

ii

the name and address of the sender of the goods, if any;

iii

the name and address of the carrier;

iv

the date and place of taking over of the goods, if any, and the place designated for delivery, if any;

v

the name and address of the consignee, if any;

vi

the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description;

vii

the number of packages and their special marks and numbers;

viii

the gross weight of the goods and their quantity otherwise expressed;

ix

charges relating to the carriage (carriage charges, supplementary charges, Customs duties and other charges incurred during the journey); and

x

the requisite instructions for Customs and other formalities.

7

The foregoing exemptions and modification shall not apply to the use of a Republic of the former Soviet Union goods vehicle for the carriage of goods between a place in Great Britain and a place in a country other than Great Britain or a Republic of the former Soviet Union, or vice versa, unless there is carried on the vehicle, or if the vehicle is a trailer, on the motor vehicle by which it is drawn, a permit for the use of the vehicle for that purpose issued with the authority of the Secretary of State.

Exemption for Swiss goods vehiclesI2527

1

In this regulation “Swiss goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Swiss Confederation; and

b

which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Swiss goods vehicle.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Swiss goods vehicle for the carriage of any goods.

Exemptions and modification for Tunisian goods vehiclesI2628

1

In this regulation “Tunisian goods vehicle” means a foreign goods vehicle which—

a

in the case of a motor vehicle, is registered in the Republic of Tunisia; and

b

in the case of a trailer, is operated by a person who is authorised under Tunisian law to use that vehicle for the international carriage of goods for hire or reward or on his own account.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Tunisian goods vehicle for the carriage of any goods specified in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 18, 19, 21, 24 or 30 of Schedule 2.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of a Tunisian goods vehicle which is a vehicle specified in Schedule 3.

4

In relation to a Tunisian goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

F6Exemption for Turkish goods vehicles29

1

In this regulation “Turkish goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Republic of Turkey; and

b

which, in the case of a trailer, is owned by or operated by or on behalf of a person who is authorised under Turkish law to use that vehicle for the carriage of goods in the Turkish Republic.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Turkish goods vehicle for the carriage of any goods.

Exemptions and modification for Ukrainian goods vehiclesI2730

1

In this regulation—

“Ukrainian goods vehicle” means a foreign goods vehicle—

a

which, in the case of a motor vehicle, is registered in the Ukraine; and

b

which, in the case of a trailer, is owned by or operated by or on behalf of a person who under Ukrainian law is authorised to use that vehicle for the carriage of goods in the Ukraine.

“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Ukraine on international road transport signed on 13th December 199516 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Ukrainian goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9, 18 and 20 to 24 of Schedule 2 and in such a case these provisions shall have effect as if the words “or broken-down” were added after “damaged” in paragraph 5.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of a Ukrainian goods vehicle—

a

specified in paragraph 1 of Schedule 3, or

b

where the goods are being carried for or in connection with any trade or business carried on by the undertaking carrying them and each of the following conditions are fulfilled—

i

the goods are the property of the undertaking carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that undertaking;

ii

the purpose of the journey is to carry the goods to or from the undertaking carrying them or to move them either inside that undertaking or outside for that undertaking’s own requirements;

iii

the vehicle used for such carriage is being driven by an employee of the undertaking;

iv

v

the carriage in Great Britain is part of a journey between Great Britain and the Ukraine F27, or

c

where the engine of the vehicle complies with whichever of the Euro V standards on emissions or Euro VI standards on emissions is applicable at the date of the vehicle’s approval or registration in Ukraine.

4

In relation to a Ukrainian goods vehicle being used for the carriage of goods in a case to which the preceding exemptions do not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

F2Exemption for Macedonian goods vehicles30A

1

In this regulation—

“Macedonian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of Macedonia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in Macedonia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Macedonian Government on international road transport signed on 18th of June 1996 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Macedonian goods vehicle for the carriage of any goods.

Exemption for Moldovan goods vehicles30B

1

In this regulation—

“Moldovan goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Moldova to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Moldova; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Moldova on international road transport signed on 15th of October 1996 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Moldovan goods vehicle for the carriage of any goods.

Exemption for Georgian goods vehicles30C

1

In this regulation—

“Georgian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Georgia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Georgia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Georgia on international road transport signed on 13th of November 1997 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Georgian goods vehicle for the carriage of any goods—

a

specified in paragraphs 4, 5, 9, 21, 29, 30, 31 and 32 of Schedule 2; or

b

on the owner’s or operator’s own account between the territories of Great Britain and the Republic of Georgia.

3

In relation to a Georgian goods vehicle used for the carriage of goods in a case to which paragraph (2) does not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Croatian goods vehicles30D

1

In this regulation—

“Croatian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Croatia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Croatia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Croatia on international road transport signed on 22nd of February 1999 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Croatian goods vehicle for the carriage of any goods.

Exemption for Slovenian goods vehicles30E

1

In this regulation—

“Slovenian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Slovenia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Slovenia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Slovenia on international road transport signed on 30th of May 2000 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Slovenian goods vehicle for the carriage of any goods.

F19Exemption for Serbian goods vehicles30F

1

In this regulation—

“Serbian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Serbia to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Republic of Serbia.

F282

Section 2(1) of the Act shall not apply to the use in Great Britain of a Serbian goods vehicle for the carriage of any goods.

F293

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20Exemption for Kazakhstani goods vehicles30G

1

In this regulation, “Kazakhstani goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Kazakhstan to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Republic of Kazakhstan.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Kazakhstani goods vehicle for the carriage of any goods specified in paragraph 4, 5, 8, 9, 20, 21, 22, 24 or 30 of Schedule 2.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of a Kazakhstani goods vehicle which is a vehicle specified in Schedule 3.

4

In relation to a Kazakhstani goods vehicle used for the carriage of goods in a case to which neither of the preceding exemptions apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Belarusian goods vehicles30H

1

In this regulation—

“Belarusian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Belarus to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Republic of Belarus; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom and Northern Ireland and the Republic of Belarus on international road transport signed on 18th March 2019 comes into force.

2

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Belarusian goods vehicle for the carriage of any goods specified in paragraph 4, 5, 8, 9, 20, 21, 22, 24 or 30 of Schedule 2.

3

On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Belarusian goods vehicle which is a vehicle specified in Schedule 3.

4

On and after the relevant date, in relation to a Belarusian goods vehicle used for the carriage of goods in a case to which neither of the preceding exemptions apply, section 2(1) of the Act shall have effect as set out in Schedule 5.

Exemption for Bosnian and Herzegovinian goods vehicles30I

1

In this regulation, “Bosnian and Herzegovinian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of Bosnia and Herzegovina to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in Bosnia and Herzegovina.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Bosnian and Herzegovinian goods vehicle for the carriage of any goods.

Exemption for Kosovan goods vehicles30J

1

In this regulation, “Kosovan goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Kosovo to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Republic of Kosovo.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Kosovan goods vehicle for the carriage of any goods.

Exemption for Montenegrin goods vehicles30K

1

In this regulation, “Montenegrin goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of Montenegro to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in Montenegro.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Montenegrin goods vehicle for the carriage of any goods.

Exemption for Norwegian goods vehicles30L

1

In this regulation, “Norwegian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Kingdom of Norway to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Kingdom of Norway.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Norwegian goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9 or 30 of Schedule 2.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of a Norwegian goods vehicle—

a

specified in paragraph 1 of Schedule 3; or

b

where the goods are being carried for or in connection with any trade or business carried on by the person carrying them and where each of the following conditions are fulfilled—

i

the goods are the property of the person carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that person;

ii

the purpose of the journey is to carry the goods to or from premises of the person carrying them or to move them, either inside or outside those premises, for that person’s own requirements;

iii

the goods vehicle used for such carriage is being driven by an employee of the person;

iv

the goods vehicle used for carrying the goods is owned by the person carrying them or has been bought by that person on deferred terms or has been hired by that person; and

v

the carriage is ancillary to the overall activities of the person.

4

In relation to a Norwegian goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 2(1) and (3) of the Act shall have effect as set out in Schedule 5A.

Exemption for Icelandic goods vehicles30M

1

In this regulation, “Icelandic goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Iceland to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Republic of Iceland.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of an Icelandic goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9 or 30 of Schedule 2.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of an Icelandic goods vehicle—

a

specified in paragraph 1 of Schedule 3; or

b

where the goods are being carried for or in connection with any trade or business carried on by the person carrying them and where each of the following conditions are fulfilled—

i

the goods are the property of the person carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that person;

ii

the purpose of the journey is to carry the goods to or from premises of the person carrying them or to move them, either inside or outside those premises, for that person’s own requirements;

iii

the goods vehicle used for such carriage is being driven by an employee of the person;

iv

the goods vehicle used for carrying the goods is owned by the person carrying them or has been bought by that person on deferred terms or has been hired by that person; and

v

the carriage is ancillary to the overall activities of the person.

4

In relation to an Icelandic goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 2(1) and (3) of the Act shall have effect as set out in Schedule 5A.

Exemption for Liechtenstein goods vehicles30N

1

In this regulation, “Liechtenstein goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Principality of Liechtenstein to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Principality of Liechtenstein.

2

Section 2(1) of the Act shall not apply to the use in Great Britain of a Liechtenstein goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9 or 30 of Schedule 2.

3

Section 2(1) of the Act shall not apply to the use in Great Britain of a Liechtenstein goods vehicle—

a

specified in paragraph 1 of Schedule 3; or

b

where the goods are being carried for or in connection with any trade or business carried on by the person carrying them and where each of the following conditions are fulfilled—

i

the goods are the property of the person carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that person;

ii

the purpose of the journey is to carry the goods to or from premises of the person carrying them or to move them, either inside or outside those premises, for that person’s own requirements;

iii

the goods vehicle used for such carriage is being driven by an employee of the person;

iv

the goods vehicle used for carrying the goods is owned by the person carrying them or has been bought by that person on deferred terms or has been hired by that person; and

v

the carriage is ancillary to the overall activities of the person.

4

In relation to a Liechtenstein goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 2(1) and (3) of the Act shall have effect as set out in Schedule 5A.

Simplified procedure for the grant, etc., of operators’ licencesI2831

1

The Act shall have effect subject to the modifications set out in Part I of Schedule 6 in relation to any foreign goods vehicles (to which F30regulations 4 to 30N do not apply).

2

The Goods Vehicles’ (Licensing of Operators) Regulations 199517 shall have effect subject to the amendments set out in Part II of the said Schedule in relation to foreign goods vehicles (to which F30regulations 4 to 30N do not apply).

3

The Goods Vehicles (Licensing of Operators) Act 1995 (Commencement and Transitional Provisions) Order 199518 and The Goods Vehicles (Licensing of Operators) (Fees) Regulations 199519 shall not have effect in relation to any foreign goods vehicles.

Sir George Young BtSecretary of State for Transport

I62SCHEDULE 1REVOCATIONS

Regulation 2

Annotations:

Commencement Information

I62

Sch. 1 in force at 26.9.1996, see reg. 1

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) Regulations 1980	S.I. 1980/637	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1981	S.I. 1981/37	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1981	S.I. 1981/527	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1982	S.I. 1982/1713	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1983	S.I. 1983/1832	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1984	S.I. 1984/179	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1984	S.I. 1984/1835	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1985	S.I. 1985/30	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1988	S.I. 1988/1811	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1989	S.I. 1989/2183	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1990	S.I. 1990/1191	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1991	S.I. 1991/2696	The whole Regulations
The Goods Vehicles (Community Authorisations) Regulations 1992	S.I. 1992/3077	Regulation 15
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1993	S.I. 1993/1416	The whole Regulations
The Goods Vehicles (Operators’ Licences) (Temporary Use in Great Britain) (Amendment) (No. 2) Regulations 1993	S.I. 1993/2120	The whole Regulations

SCHEDULE 2EXEMPTION FROM SECTION 2(1) OF THE ACT FOR CERTAIN GOODS CARRIED BY CERTAIN GOODS VEHICLES

Regulations 4, 5, 9(2), 12(2), 15(2) and (3), 21(2), 26(2), 26(3), 28(2), 29(2) and 30(2)

I291

Luggage being carried to or from an airport.

I302

Goods being carried to or from an airport in a case where an air service has been diverted.

I313

Luggage being carried in trailers drawn by passenger vehicles.

I324

Postal packets (as defined by F1section 125(1) of the Postal Services Act 2000).

I335

Damaged vehicles.

I346

Animal corpses (other than those intended for human consumption) for the purpose of disposal.

I357

Bees or fish stock.

I368

The body of a deceased person.

I379

Goods for medical or surgical care in emergency relief and in particular for relief in natural disasters.

I3810

Goods carried in connection with household removals by undertakings using specialised personnel and equipment for that purpose.

I3911

Household effects.

I4012

Live animals, other than animals intended for slaughter.

I4113

Spare parts for ocean-going ships.

I4214

Spare parts and provisions for ships.

I4315

Spare parts and provisions for ocean-going ships where such ships have been re-routed.

I4416

Spare parts and provisions for ocean-going ships and aircraft.

I4517

Goods which by reason of their value are carried in vehicles constructed or adapted for the carriage of goods requiring special security precautions and which are accompanied by guards.

I4618

Works of art.

I4719

Antiques.

I4820

Goods carried exclusively for publicity or educational purposes.

I4921

Properties, equipment or animals being carried to or from theatrical, musical, cinematographic or circus performances or sporting events, exhibitions or fairs, or to or from the making of radio or television broadcasts or films.

I5022

Goods, properties or animals being carried to or from theatrical, musical, film or circus programmes, or sporting events.

I5123

Goods or properties intended for the making of radio or television broadcasts or films.

I5224

Goods carried for fairs and exhibitions.

I5325

Goods carried for international fairs and exhibitions.

I5426

Refuse.

I5527

Garbage.

I5628

Sewage.

I5729

Perishable foodstuffs in a state of refrigeration.

I5830

Broken down vehicles.

F331

Objects and works of art for exhibitions.

32

Samples of objects and materials exclusively for publicity or information purposes.

SCHEDULE 3EXEMPTIONS FROM SECTION 2(1) OF THE ACT FOR CERTAIN FOREIGN GOODS VEHICLES

Regulations 9(3), 12(3), 15(3), 26(4), 28(3) and 30(3)

I591

A vehicle having a permissible laden weight not exceeding 6 metric tons or a permissible pay load not exceeding 3.5 metric tons.

I602

A goods vehicle used for the carriage of an abnormal indivisible load or other wide load provided that the requirements of the Motor Vehicles (Authorisation of Special Types) General Order 197921, are complied with.

I613

A relief vehicle.

I63SCHEDULE 4MODIFICATION TO SECTION 2(1) OF THE ACT IN RELATION TO CERTAIN FOREIGN GOODS VEHICLES AND NORTHERN IRELAND VEHICLES

Regulation 9(4) and 22(2)

Annotations:

Commencement Information

I63

Sch. 4 in force at 26.9.1996, see reg. 1

2
1
Subject to subsection (2) of this section and to the other provisions of this Part of this Act, no person shall use a goods vehicle on a road for the carriage of goods for or in connection with any trade or business carried on by him unless there is carried on the vehicle, or, if that vehicle is a trailer, on the motor vehicle by which it is drawn, a document containing particulars of the user of the goods vehicle, his trade or business, the goods being carried, their loading and unloading points, the vehicle, and the route.

I64SCHEDULE 5MODIFICATION TO SECTION 2(1) OF THE ACT IN RELATION TO CERTAIN FOREIGN GOODS VEHICLES

Regulations 9(5), 12(6), 15(4), 21(3), 26(5), 28(5), 29(3) and 30(4)

Annotations:

Commencement Information

I64

Sch. 5 in force at 26.9.1996, see reg. 1

2
1
Subject to subsection (2) of this section and to the other provisions of this Part of this Act, no person shall use a goods vehicle on a road for the carriage of goods—
a
for hire or reward, or
b
for or in connection with any trade or business carried on by him,
except under a permit carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn, issued with the authority of the Secretary of State, and authorising the vehicle to be used for the carriage of goods on the journey on which the goods are being carried.

F21SCHEDULE 5AModification to Section 2 of the Act in relation to foreign goods vehicles from Norway, Iceland and Liechtenstein

Regulations 30L, 30M, 30N

Annotations:

Amendments (Textual)

F21

Sch. 5A inserted (23.4.2019) by The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2019 (S.I. 2019/670), regs. 1, 2(8)

The Act shall have effect as if—

a

for section 2(1) there were substituted—

1
Subject to subsection (2) and sections 3A and 4, no person shall use a goods vehicle on a road for the carriage of goods—
a
for hire or reward, or
b
for or in connection with any trade or business carried on by that person,
except under a community licence carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn.

b

for section 2(3) there were substituted—

3
In subsection (1), (2)(b) and (c), and (2A), “community licence”, “established”, “haulier” and “international carriage” shall have the same meaning as in Regulation (EC) 1072/2009 on common rules for access to the international road haulage market.

SCHEDULE 6

Regulation 31

I65PART IMODIFICATIONS TO THE GOODS VEHICLES (LICENSING OF OPERATORS) ACT 1995 IN RELATION TO FOREIGN GOODS VEHICLES

Annotations:

Commencement Information

I65

Sch. 6 Pt. I in force at 26.9.1996, see reg. 1

The Act shall have effect—

a

as if for section 5(1) there were substituted the following—

1
The vehicles authorised to be used under an operator’s licence are—
a
any motor vehicle in the lawful possession of the licence-holder that is specified in the licence;
b
any trailer in the lawful possession of the licence-holder, and for the purposes of this section different types of trailers may be distinguished in a licence and a maximum number may be specified in the licence for trailers of each type.

b

as if sections 5(4) to (7), 6(1)(a), (3) and (4), and 7 were omitted;

c

as if for section 8(1), there were substituted the following—

1
A person applying for an operator’s licence with a view to enabling goods vehicles brought temporarily into Great Britain to be used shall apply to such traffic commissioner as the Secretary of State may from time to time direct and shall not at any time hold more than one such licence

d

as if sections 8(2), (3)(b) and (5) were omitted;

e

as if for section 8(4), there were substituted the following—

4
A person applying for an operator’s licence shall also give to the traffic commissioner details of—
a
the notifiable convictions within the meaning given in paragraph 4 of Schedule 2, and
b
a prohibition under section 69 or 70 of the Road Traffic Act 1988 of the driving of a vehicle of which he was the owner when the prohibition was imposed.

f

as if in section 9(1), there was inserted at the end of the sub-section “, or a prohibition under section 69 or 70 of the Road Traffic Act 1988 of the driving of a vehicle which he owned”, and section 9(2) was omitted;

g

as if sections 10, 11, 12, 13(2) to (11), 14 and 15 were omitted;

h

as if for section 13(1) there were substituted the following—

1
On an application for an operator’s licence the traffic commissioner shall consider whether the applicant satisfies the requirement that he is a fit and proper person to hold an operator’s licence having regard in particular to his previous known conduct in respect of the use and operation of motor vehicles in the United Kingdom.

i

as if in section 16(1) there were substituted the following—

1
The operator’s licence shall specify in the licence—
a
the date on which it is to come into force, and
b
the date when it will terminate, which date shall not be less than three months after the coming into force of the licence.

j

as if section 16(2) and (4) and the words “subject to subsection (4)” in section 16(3) were omitted;

k

as if in section 17(1) there were substituted the following—

1
On the application of the holder of an operator’s licence, F16a traffic commissioner may vary the licence by directing that any vehicle may cease to be specified in the licence and at the same time direct that another [similar] vehicle shall be specified in the licence as a substitute.

l

as if sections 17(3) to (5), and 18 to 21 were omitted;

m

as if in section 22(1) there were substituted the following—

1
On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as he thinks fit for requiring the holder F17to inform a traffic commissioner of any event of a kind specified in the conditions which affect the licence-holder and which is relevant to the exercise of any powers of F17a traffic commissioner in relation to the licence.

n

as if section 22(2) to (6), and 23 to 25 were omitted;

o

as if in section 26(1) there were substituted the following—

1
Subject to the provisions of section 29, F18a traffic commissioner may direct that an operator’s licence be revoked, suspended or curtailed on the grounds—
a
that during the five years ending with the date on which the direction is given there has been either a conviction of the licence-holder of a notifiable conviction within the meaning of paragraph 4 of Schedule 2, or a prohibition under section 69 or 70 of the Road Traffic Act 1988 of the driving of a vehicle of which the licence-holder was the owner when the prohibition was imposed, or
b
that since the licence was issued or varied he has learned that a statement of fact was false or statement of expectation has not been fulfilled.

p

as if sections 26(2) to (10) and (11)(c) and (d), and 27 were omitted;

q

as if in section 28(1) there were substituted the following—

1
Where, under section 26(1) a traffic commissioner directs that an operator’s licence be revoked, the commissioner may order the person who was the holder of the licence to be disqualified (either indefinitely or for such period as the commissioner thinks fit) from holding or obtaining an operator’s licence in Great Britain.

r

as if section 28(3) were omitted;

s

as if sections 30 to 34 and sections 40, 44 and 49 were omitted.

I66PART IIMODIFICATIONS TO THE GOODS VEHICLES (LICENSING OF OPERATORS) REGULATIONS 1995 IN RELATION TO FOREIGN GOODS VEHICLES

Annotations:

Commencement Information

I66

Sch. 6 Pt. II in force at 26.9.1996, see reg. 1

The Goods Vehicles (Licensing of Operators) Regulations 199522 shall have effect:—

a

as if regulations 4(c), 7, 9(1) and (3), 10 to 19, 21(1)(a)(i) and (iii), 21(1)(d), 22(1)(b) and (c), 22(2)(b), 22(3), 28(2) and (5), 29(1), (3) to (5), (7), and (12), 31 and 36 were omitted;

b

as if in regulation 8(1) for the words “grant of that application would lead to a contravention of section 8(2)” there were substituted “applicant already holds an operator’s licence in Great Britain”;

c

as if in regulation 21(1)(b) the words “or section 27” were omitted;

d

as if in regulation 23(2) there were substituted the following—

The disc shall clearly indicate (by colour or other means) that the vehicle is a foreign goods vehicle.

e

as if in regulation 26(1), for the words “and the licence-holder may do so” to the end there were substituted “at a place specified by the person requiring its production”;

f

as if in regulation 33(2) for the words “on a plate affixed to the vehicle by virtue of regulation 66 of those Regulations” there were substituted “in accordance with the legal requirements of the State of establishment of the operator of the foreign goods vehicle”.

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Regulations specified in Schedule 1 (see regulation 2). They modify the requirements of The Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”) as to operators’ licences in relation to certain foreign goods vehicles and Northern Ireland goods vehicles.

In addition to minor and drafting amendments, the principal changes are:—

a

the exemption provided for foreign goods vehicles with Community cabotage authorisations (regulation 7(1)) from the requirement in section 2(1) of the 1995 Act to obtain an operator’s licence for the carriage of goods in Great Britain on an international journey has been extended to own account operators in accordance with Commission Regulation (EC) No. 792/94 of 8th April 1994, which lays down detailed rules for the application to road haulage operators on own account of Council Regulation (EEC) No. 3118/93 of 25th October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State;

b

an exemption is made from the requirement in section 2(1) of the 1995 Act is provided for the following goods vehicles: Faroese (regulation 14); Estonian (regulation 15); Latvian (regulation 18); Lithuanian (regulation 19); Moroccan (regulation 21); and Ukrainian (regulation 30);

c

exemptions made for Finnish and Swedish goods vehicles have been deleted to take account of the application of Council Regulation No. 881/92 of 26th March 1992 to Finland and Sweden following the accession of these countries to the European Community.