Legalize / United Kingdom / Statutory-Instrument

The Trailer Registration Regulations 2018

Type Statutory-Instrument

Publication 2018-11-20

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 20th November 2018

Coming into force in accordance with regulation 1(2)

The Secretary of State has consulted such persons as thought fit before making these Regulations, as required by section 23(1) of the Haulage Permits and Trailer Registration Act 2018, and a draft of these Regulations has been approved by a resolution of each House of Parliament in accordance with section 25(3)(c) and (d) of that Act.

PART 1 — INTRODUCTION

Citation, commencement and application

1

(1) These Regulations may be cited as the Trailer Registration Regulations 2018.

(2) This regulation and Schedule 1 come into force on the day after the day on which these Regulations are made and all other provisions come into force as prescribed in Schedule 1.

(3) These Regulations apply to the United Kingdom, except for paragraph 1 of Schedule 3, which applies to Great Britain.

Interpretation

2

(1) In these Regulations—

“registered” means registered by the Secretary of State under these Regulations;

“the Convention” means the Convention on Road Traffic of 8th November 1968[^f00003];

“the permissible maximum mass” means the weight which the trailer[^f00004] is designed or adapted not to exceed when in normal use, travelling on a road[^f00005] and laden;

“the register” means the register of trailers established and maintained by the Secretary of State; and

“the registered keeper” means the person recorded in the register as the person who keeps the trailer.

(2) With the exception of regulation 16(3), references to the use of a trailer on a road are to the use of a trailer on a road while it is being drawn by a motor vehicle.

Review

3

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force for any purpose.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015[^f00006] requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

PART 2 — REGISTRATION AND INSPECTIONS

Applications for registration

4

(1) A person may apply to the Secretary of State for the registration[^f00007] of a trailer kept or used on a road if the permissible maximum mass is more than 750 kilograms.

(2) When making an application under paragraph (1), the applicant must provide—

(a) payment of the registration fee of £26.00;

(b) a declaration that the applicant is—

(i) the person who keeps the trailer; or

(ii) authorised by the person who keeps the trailer to make the application on their behalf;

(i) resident in the United Kingdom;

(ii) a company formed and registered under the Companies Act 2006[^f00008]; or

(iii) a holder of a valid operator’s licence granted under section 4 of the Transport Act (Northern Ireland) 1967[^f00009], section 14 of the Public Passenger Vehicles Act 1981[^f00010], section 13 of the Goods Vehicles (Licensing of Operators) Act 1995[^f00011] or section 12 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010[^f00012];

and

(d) the following particulars—

(i) the name of the person who keeps the trailer;

(ii) the address within the United Kingdom of the person who keeps the trailer;

(iii) the manufacturer of the trailer;

(iv) the chassis number of the trailer;

(v) the permissible maximum mass; ...

(vi) the unladen mass of the trailer; and

(vii) the trailer type or a description of the trailer’s physical construction, characteristics or intended use.

(3) For the purposes of this regulation, a person is resident in the United Kingdom unless that person has lived outside the United Kingdom for at least 185 days in the previous calendar year.

(4) Subject to paragraph (7), the Secretary of State must accept any application under paragraph (1) that complies with paragraph (2) and—

(a) register the trailer; and

(b) record the particulars referred to in paragraph (2)(d) in the register.

(5) The Secretary of State may record such other technical or administrative information in relation to a registered trailer[^f00013] as the Secretary of State sees fit.

(6) The Secretary of State must reject any application to register a trailer that is not made under paragraph (1) or not made in compliance with paragraph (2).

(7) If the Secretary of State has a reasonable belief that the information provided by the applicant is inaccurate or incomplete, the Secretary of State may—

(a) take action to determine its accuracy or completeness, including conducting an inspection of the trailer under regulation 13 or requesting documentation or information from the person who keeps the trailer or the applicant; or

(b) refuse to register the trailer.

(8) In paragraph (1), “trailer” does not include a trailer that is a mechanically propelled vehicle.

Unregistered trailers in 1968 Convention territories

5

(1) It is an offence for a person to keep or use a trailer on a road that is—

(a) being used on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention; and

(b) not registered.

(2) Paragraph (1) does not apply if—

(a) the trailer is kept by a person who is not—

(i) resident in the United Kingdom (as defined in regulation 4(3));

(ii) a company formed and registered under the Companies Act 2006; or

(iii) a holder of a valid operator’s licence granted under the provisions referred to in regulation 4(2)(c)(iii);

(b) the permissible maximum mass is 750 kilograms or less; or

(i) for the commercial transport of goods or passengers’ belongings, whether for hire or reward or any other purpose; or

(ii) in relation to another paid occupation.

(3) In any proceedings for this offence, it is a defence for the defendant to prove that they—

(a) were unaware and could not reasonably have been expected to be aware that the trailer would be so used; or

(b) held a reasonable belief that the trailer was registered at the time of the alleged offence.

Notice of registration

6

(1) Upon registering a trailer, the Secretary of State must issue an electronic notice of registration (“the notice”) to the applicant as soon as practicable.

(2) In the notice, the Secretary of State must specify—

(a) the name of the registered keeper;

(b) the address of the registered keeper;

(d) the registration mark assigned to the trailer by the Secretary of State under regulation 15.

(3) The Secretary of State may include such other particulars in the notice relating to the registered keeper or the technical characteristics of the trailer as the Secretary of State sees fit.

(4) This regulation does not apply if the applicant, when making the registration application under regulation 4, did not provide supplementary information sufficient to enable the Secretary of State to contact the registered keeper electronically.

Registration documents

7

(1) The Secretary of State must issue a registration document[^f00014] to the registered keeper as soon as practicable after registering a trailer.

(2) The Secretary of State must send a registration document issued in accordance with paragraph (1) to the address of the registered keeper provided in pursuance of regulation 4(2)(d)(ii).

(3) The registration document must contain the particulars specified in regulation 4(2)(d) and be in such form, and contain any other particulars, as the Secretary of State sees fit.

(4) A registration document issued by the Secretary of State, including a registration document issued under regulation 9(5), is valid for 10 years beginning with the date of issue.

(5) The registered keeper or the user of a registered trailer must not use it on a road, or cause or permit it to be so used, on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention if the registration document has expired.

Accuracy of the register and information

8

(1) If the Secretary of State has a reasonable belief that any information recorded in the register or any information, notification or application provided, given or made to the Secretary of State in pursuance of regulation 8(2), 9(1), 9(3), 10(1) or 10(4) is inaccurate or incomplete, the Secretary of State may—

(a) take action to determine its accuracy or completeness, including conducting an inspection of the trailer under regulation 13 or requesting documentation or information from the registered keeper or the person who has made the application or notification;

(b) refuse to record any provided particulars in the register;

(d) refuse to issue a registration document, including a replacement or renewed registration document; or

(e) withdraw a registration mark assigned to the trailer by the Secretary of State under regulation 15.

(2) The registered keeper must notify the Secretary of State if any of the particulars recorded in the register or shown on a registration document are inaccurate.

(3) A notification made under paragraph (2) must include the information necessary to correct any inaccuracies.

(4) Subject to paragraph (1), and following receipt of a notification under paragraph (2), the Secretary of State must—

(a) record any amended particulars in the register as soon as practicable; and

(b) issue a replacement registration document as soon as practicable if any of the amended particulars are shown on the registration document.

(5) Following the issuing of a replacement registration document in accordance with paragraph (4)(b)—

(a) the Secretary of State must send the replacement registration document to the address of the registered keeper; and

(b) the registered keeper must destroy, or surrender to the Secretary of State, any other registration document for the same trailer if required to do so by the Secretary of State.

Replacement and renewal of registration documents

9

(1) The registered keeper must notify the Secretary of State if—

(a) the registration document has been destroyed, lost or stolen; or

(b) any of the particulars shown on the registration document have become illegible.

(2) A notification under paragraph (1) must be accompanied by payment of £10.00 and the Secretary of State may refuse to issue a replacement registration document if such payment is not made.

(3) The registered keeper may apply to the Secretary of State to renew a registration document up to six months before the expiry of an existing registration document or at any time after its expiry.

(4) When making an application under paragraph (3), the registered keeper must provide all of the particulars specified in regulation 4(2)(d) to the Secretary of State.

(5) Subject to regulation 8(1) and following receipt of a notification or application in accordance with this regulation, the Secretary of State must—

(a) record any amended particulars in the register as soon as practicable; and

(b) issue a replacement or renewed registration document, as appropriate, as soon as practicable.

(6) Following the issuing of a replacement or renewed registration document in accordance with paragraph (5)(b)—

(a) the Secretary of State must send the replacement or renewed registration document to the address of the registered keeper; and

(b) the registered keeper must destroy, or surrender to the Secretary of State, any other registration document for the same trailer if required to do so by the Secretary of State.

Disposals of trailers and new keepers

10

(1) Following the disposal of a registered trailer by the registered keeper, the registered keeper must—

(a) notify the Secretary of State of the disposal; and

(b) destroy, or surrender to the Secretary of State, its registration document if required to do so by the Secretary of State.

(2) A notification made under paragraph (1)(a) must—

(a) specify the date of the disposal of the registered trailer; and

(b) if applicable, specify the name and address of the person to whom the registered trailer has been supplied (“the new keeper”).

(3) Subject to regulation 8(1) and following receipt of a notification under paragraph (1), the Secretary of State must record in the register that the registered keeper has disposed of the trailer and is no longer the registered keeper.

(4) The new keeper, or a person authorised by the new keeper to act on their behalf, may apply to the Secretary of State for the new keeper to become the registered keeper.

(5) A person making an application under paragraph (4) must—

(a) provide the declarations and particulars specified in regulation 4(2)(b), (c) and (d); and

(b) pay a fee of £21.00 to the Secretary of State for the issue of a registration document.

(6) Subject to regulation 8(1), the Secretary of State must accept any application under paragraph (4) that complies with paragraph (5) and—

(a) record the particulars referred to in regulation 4(2)(d) in the register; and

(b) send a registration document to the address of the registered keeper, provided in pursuance of paragraph (5)(a), as soon as practicable.

(7) The Secretary of State must reject any application to record a person in the register as the keeper of a registered trailer that is not made under paragraph (4) or not in compliance with paragraph (5).

Provision of information, etc., to the Secretary of State

11

(1) Any application, notification, information, particulars, declaration or other thing given or made to the Secretary of State in pursuance of these Regulations must be given or made via a digital service provided by (or on behalf of) the Secretary of State.

(2) Paragraph (1) does not apply in relation to—

(a) the making of declarations in accordance with regulation 4(2)(b) and (c) and the giving of particulars in accordance with regulation 4(2)(d) via a telephone service provided by (or on behalf of) the Secretary of State;

(b) a request by the Secretary of State under regulation 4(7) or 8(1) for documentation or information;

(d) the provision of information to the Secretary of State by an examiner under regulation 14(1) or (2); or

(e) a requirement under regulation 24 to provide information in relation to an offence.

Production of registration documents

12

(1) The registered keeper or the user of a registered trailer must produce the registration document for that trailer for inspection if required to do so by an examiner or stopping officer[^f00015] carrying out any function under any enactment in relation to the same trailer or the motor vehicle[^f00016] that is drawing it.

(2) If a registration document is produced in accordance with paragraph (1), it is immaterial whether or not that document has expired in accordance with regulation 7(4).

(3) A failure to produce a registration document when required to do so under paragraph (1) is not an offence under regulation 19(1)(f) if a person is not recorded in the register as the person who keeps the trailer at the time when the requirement is made.

Inspections of trailers

13

(1) When an examiner is carrying out any function under any enactment in relation to a trailer or the motor vehicle that is drawing it, the examiner may inspect that trailer to determine—

(a) whether it is registered; and

(b) the accuracy of any particulars recorded in the register or shown on a registration document.

(2) The Secretary of State may require a trailer to be inspected by an examiner if the Secretary of State has a reasonable belief that information provided to the Secretary of State in pursuance of these Regulations or recorded in the register is inaccurate or incomplete.

(3) If the Secretary of State determines that an inspection under paragraph (2) is required, the Secretary of State must—

(a) specify the time, date and place of the inspection; and

(b) notify the person who keeps the trailer or the registered keeper of the time, date and place of the inspection at least 72 hours before the inspection.

(4) An inspection under paragraph (2) may only take place—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.