The Goods Vehicles (Licensing of Operators) (Exemptions and Modifications) (Amendment) Regulations 2023

SCHEDULE3A (1) Section 3 of the 1995 Act has effect as if— (a) for subsection (5) there were substituted— (5) An operator’s licence, whether a standard licence or a restricted licence, may not authorise a goods vehicle to be used on national transport operations. (b) in subsection (7)— (i) for “international” there were substituted “national”; (ii) for “goods on national transport operations” there were substituted “goods on international transport operations”. (2) Section 5 of the 1995 Act has effect as if— (a) for subsection (1) there were substituted— (1) Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are— (a) any motor vehicle— (i) in the lawful possession of the licence-holder, and (ii) specified in the licence; (b) any trailer in the lawful possession of the licence-holder. (b) in subsection (2)— (i) in paragraph (a) for “no motor vehicle, or no trailer,” there were substituted “no trailer”; (ii) after paragraph (a) there were inserted— (aa) that no trailer of a type specified in the licence is authorised to be used under it; or (iii) at the end of paragraph (b) “; or” were omitted; (iv) paragraph (c) were omitted; (c) paragraphs (4) to (7) were omitted. (3) Section 6 of the 1995 Act has effect as if— (a) for subsections (1) to (4) there were substituted— (1) An operator’s licence that does not contain a provision referred to in section 5(2)(b)— (a) must specify a maximum number for trailers, and (b) may specify a maximum number for trailers— (i) whose relevant weight exceeds a weight specified in the licence; (ii) of a type specified in the licence. (b) in subsection (5), for “(2)(a)” there were substituted “(1)(a)”; (c) in subsection (6)— (i) for “(2)(b)” there were substituted “(1)(b)”; (ii) after “specified weight” there were inserted “or for trailers of a specified type”; (d) in subsection (8), “(3), (4)(a) or (b),” were omitted. (4) Section 7 of the 1995 Act has no effect. (5) Section 8 of the 1995 Act has effect as if— (a) for subsections (1A) to (3) there were substituted— (2) A person may not at any time hold more than one operator’s licence. (3) A person applying for an operator’s licence must give to the traffic commissioner— (a) a statement— (i) containing such particulars as the commissioner may require of the motor vehicles proposed to be used under the licence, and (ii) stating the number and type of any trailers proposed to be used under the licence; and (b) details of any— (i) notifiable conviction (within the meaning given in paragraph 4 of Schedule 2); (ii) notifiable fixed penalty notice (within the meaning given in paragraph 7 of Schedule 2); (iii) prohibition under section 69 or 70 of the Road Traffic Act 1988⁴⁵ in relation to a vehicle the person owned at the time the prohibition was imposed. (b) in paragraph (4) the words from “and in particular” to the end, and the comma before those words, were omitted; (c) paragraph (5) were omitted. (6) Section 9 of the 1995 Act has effect as if for subsections (1) to (3) there were substituted— (1) A person who makes an application for an operator’s licence must immediately notify the traffic commissioner if, in the interval between the making of the application and the date on which it is disposed of, there occurs— (a) a notifiable conviction (within the meaning given in paragraph 4 of Schedule 2); (b) a notifiable fixed penalty notice (within the meaning given in paragraph 7 of Schedule 2); (c) a prohibition under section 69 or 70 of the Road Traffic Act 1988 in relation to a vehicle the person owned at the time the prohibition was imposed; (d) a change affecting any information given to the commissioner under section 8(4). (2) A person who knowingly fails to comply with subsection (1) is— (a) guilty of an offence, and (b) liable on summary conviction to a fine not exceeding level 4 on the standard scale. (7) Sections 10 and 11 of the 1995 Act have no effect. (8) Sections 12 and 14 of the 1995 Act have no effect. (9) The 1995 Act has effect as if for section 13 there were substituted— (13) On an application for an operator’s licence a traffic commissioner must consider whether the applicant is a fit and proper person to hold an operator’s licence having had regard to any— (a) previous known conduct of the applicant in respect of the use and operation of motor vehicles, whether in the United Kingdom or elsewhere; (b) notifiable conviction, notifiable fixed penalty notice or prohibition required to be disclosed under section 8(3); (c) notifiable conviction, notifiable fixed penalty notice or prohibition required to be notified under section 9(1); (d) information given to the commissioner under section 8(4) and any change to that information notified under section 9(1). (10) Sections 13A to 13D of the 1995 Act have no effect. (11) The 1995 Act has effect as if for section 15 there were substituted— (15) (1) A traffic commissioner may issue an operator’s licence in terms that differ from the terms applied for in any of the following respects— (a) more or fewer motor vehicles are specified in the licence; (b) different motor vehicles are specified in it; (c) it includes a provision such as is mentioned in section 5(2); (d) it includes a provision such as is mentioned in section 6(1)(b); (e) a higher or lower maximum number for trailers is specified in it under section 6(1). (2) A statement must appear on the face of every operator’s licence indicating— (a) whether it is a standard licence or a restricted licence, and (b) that it covers international transport operations only. (12) Section 16 of the 1995 Act has effect as if— (a) for subsection (2) there were substituted— (2) The holder of an operator’s licence may at any time terminate the licence by notifying a traffic commissioner of its termination. (b) subsections (3) and (4) were omitted. (13) The 1995 Act has effect as if for section 17 there were substituted— (17) (1) The holder of an operator’s licence may apply to a traffic commissioner for a licence to cease to specify a vehicle (“the replaced vehicle”) and to specify another similar vehicle (“the replacement vehicle”). (2) A person applying for a variation under subsection (1) must give to the traffic commissioner such information, in such form, as the commissioner may reasonably require for disposing of the application. (3) If the traffic commissioner grants the application, the commissioner must direct that the licence— (a) specify the replacement vehicle, and (b) cease specifying the replaced vehicle. (14) Sections 18, 19 and 20 of the 1995 Act have no effect. (15) Sections 21 and 23 of the 1995 Act have no effect. (16) The 1995 Act has effect as if for section 22 there were substituted— (22) (1) On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as the commissioner thinks fit for requiring the holder to inform a traffic commissioner of any event of a kind referred to in subsection (2), and to do so within 28 days of the event. (2) The kind of event is one which is— (a) specified in the conditions which affect the licence-holder, and (b) relevant to the exercise of any powers of a traffic commissioner in relation to the licence. (17) Sections 24 and 25 of the 1995 Act have no effect. (18) The 1995 Act has effect as if for section 26 there were substituted— (26) (1) A traffic commissioner may, subject to section 29, direct that an operator’s licence be revoked, suspended or curtailed on the grounds that— (a) the licence-holder has contravened any condition attached to the licence; (b) during the five years ending with the date on which the direction is given there has been— (i) a conviction of the licence-holder of one or more notifiable convictions (within the meaning of paragraph 4 of Schedule 2), (ii) a notifiable fixed penalty notice (within the meaning given in paragraph 7 of Schedule 2), or (iii) a prohibition under section 69 or 70 of the Road Traffic Act 1988 in relation to a vehicle which the licence-holder owned at the time the prohibition was imposed; (c) since the licence was issued or varied the commissioner has learned that— (i) a statement of fact of the licence-holder made for the purposes of an application for the licence or an application for the variation of the licence was false, or (ii) a statement of expectation of the licence-holder made for those purposes has not been fulfilled. (2) In this Act references to directing that an operator’s licence be curtailed are references to directing, with effect for the remainder of the duration of the licence or for any shorter period— (a) that one or more of the vehicles specified in the licence be removed from it; (b) that a provision such as is mentioned in section 5(2) or 6(1) or (2)(b) be included in the licence. (3) Where a direction suspending or curtailing a licence has been given under subsection (1), a traffic commissioner may at any time— (a) cancel the direction, or (b) with the consent of the licence-holder, vary the direction. (4) Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it. (19) Section 27 of the 1995 Act has no effect. (20) (1) Section 28 of the 1995 Act has effect as if— (a) for subsection (1) there were substituted— (1) If 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 from holding or obtaining an operator’s licence— (a) indefinitely, or (b) for such period as the commissioner thinks fit. (b) subsection (3) were omitted. (21) Section 29 of the 1995 Act has effect as if— (a) in subsection (1)— (i) for paragraph (a) there were substituted— (a) give a direction under section 26(1) in respect of any licence, or (ii) paragraph (b) were omitted; (b) in subsection (2)— (i) for paragraph (a) there were substituted— (a) section 26(1), or (ii) paragraph (b) were omitted. (22) Sections 30 to 34 of the 1995 Act have no effect. (23) Section 37 of the 1995 Act has effect as if— (a) in subsection (2) for “section 5(9), 26(1) or (2), 27(1), 31 or 32” there were substituted “section 5(9) or 26(1)”; (b) subsection (3) were omitted. (24) Section 40 of the 1995 Act has no effect. (25) Sections 44 and 49 of the 1995 Act have no effect. (26) Section 51 of the 1995 Act has effect as if for “9(3)(a) or (b)” there were substituted “9(2)”. (27) (1) Regulation 4 (manner of making applications) has effect as if for paragraph (c) there were substituted— (c) if made for the issue of a licence, state whether it relates to a standard licence or a restricted licence. (2) Regulation 7 (notice of applications) has no effect. (3) Regulation 9 (inspection of applications) has effect as if paragraphs (1) and (3) were omitted and the heading is to be read as “Inspection of licences”. (28) Part 3 has no effect. (29) Part 4 has no effect. (30) (1) Regulation 21 (statement to be issued by the traffic commissioner) has effect as if for paragraph (1) there were substituted— (1) A traffic commissioner must publish as occasion may require a statement known as “Applications and Decisions”. (1A) The statement must contain, unless previously notified— (a) any direction given under section 26 to revoke, suspend or curtail a licence; (b) in relation to inquiries— (i) the dates on which, and the places at which, the inquiries are proposed to be held, and (ii) decisions on applications. (2) Regulation 22 has effect as if— (a) in paragraph (1)— (i) in the words before sub-paragraph (a) for “Articles 6.2(a) and” there were substituted “Article”; (ii) sub-paragraphs (b) and (c) were omitted; (b) paragraph (2)(b) were omitted; (c) paragraph (3) were omitted. (31) (1) Regulation 23 (identification of motor vehicles) has effect as if— (a) for paragraph (2) there were substituted— (2) The disc shall clearly indicate, by colour or other means— (a) whether a vehicle is being used under a standard licence or under a restricted licence, (b) that the vehicle may not be used for national transport operations, and (c) the date on which the disc expires. (b) paragraphs (5) and (6) were omitted. (2) Regulation 26 (production of licence for examination) has effect as if for paragraph (1) there were substituted— (1) If requested by an officer or a police constable, the holder of an operator’s licence must produce the licence for inspection at a place specified by the officer or police constable. (3) Regulation 28 (return of licences and discs) has effect as if— (a) paragraphs (2) and (5) were omitted; (b) in paragraph (3) “, or if a traffic commissioner has given a direction in respect of a licence under section 26(2),” were omitted. (4) Regulation 29 (partnerships) has effect as if paragraphs (1), (3), (4), (5), (7) and (12) were omitted. (5) Regulation 30 (holding companies and subsidiaries) has effect as if— (a) in sub-paragraph (1)(b) for “section 17(1)(a)” there were substituted “section 17(3)(a)”; (b) in sub-paragraph (2) for “section 17(1)(b)” there were substituted “section 17(3)(b)”; (c) sub-paragraph (5) were omitted. (6) Regulation 31 (continuance of licence on death, bankruptcy etc) has no effect. (7) Regulation 32 (offences) has effect as if “, 28(2)” were omitted. (8) Regulation 33 (classes of vehicle for which a licence is not required) has effect as if, in paragraph (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 law of the country in which the international operator has an effective and stable establishment”. (32) Paragraph 2 of Schedule 2 has effect as if— (a) sub-paragraphs (h), (i), (j) and (l) were omitted; (b) in sub-paragraph (k) for “(a), (b), (d), (e), (g) and (h)” there were substituted “(a) and (c)”; (c) for sub-paragraph (m) there were substituted— (m) in section 26(1)(b) the references to the licence-holder included references to the subsidiary, and as if the reference in sub-paragraph (iii) to a vehicle which the licence holder owned included a reference to a vehicle which the subsidiary owned.

PART 3 — Amendment of the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995

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

9

In the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995⁴⁶, after regulation 3(9) insert—

(10) No fee is payable under these Regulations in relation to a licence issued under the Goods Vehicles (Licensing of Operators) Act 1995 as modified by regulation 33A of, and Schedule 3A to, the Goods Vehicles (Licensing of Operators) Regulations 1995.

PART 4 — Revocations and transitional provision

Revocations

10

The enactments cited in the table are revoked.

Transitional provision

11

• (1) The revocations in regulation 10 do not have effect in relation to an Icelandic goods vehicle brought temporarily into Great Britain before the coming into force of these Regulations until such time as the vehicle leaves Great Britain.

• (2) In this regulation “Icelandic goods vehicle” has the meaning given by regulation 30M(1) of the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996⁴⁷.

PART 5 — Review

Periodic review of regulatory provision

12

• (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 1st October 2028.

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

• (4) A review carried out under this regulation must, so far as is reasonable, have regard to how the international obligations of the United Kingdom implemented in these Regulations are implemented in other countries which are subject to the obligations.

• (5) 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,

• (c) assess whether those objectives remain appropriate, and

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

• (6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015⁴⁸ (see section 32 of that Act).

Signed

Signed by authority of the Secretary of State for Transport

Richard Holden — Parliamentary Under Secretary of State — Department for Transport — 12th July 2023

Explanatory note

(This note is not part of these Regulations)

EXPLANATORY NOTE

These Regulations amend regulations relating to the licensing of operators to provide for vehicles brought temporarily into Great Britain.

These Regulations revoke and replace the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 (S.I. 1996/2186) (“the 1996 Regulations”).

Part 1: Preliminary provisions Part 1 contains preliminary provisions relating to citation, commencement and extent.

Part 2: Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995 Part 2 amends the Goods Vehicles (Licensing of Operators) Regulations 1995 (S.I. 1995/2869) (“the 1995 Regulations”).

Regulations 3 to 6 make amendments relating to interpretation and the introduction of the Schedules providing for classes of vehicle for which an operator’s licence is not required and modifications of legislative provisions in relation to certain vehicles brought temporarily into Great Britain which are not exempted from the licence requirement.

Classes of vehicle for which an operator’s licence is not required

Regulation 7 inserts a new Part 3 in Schedule 3 to the 1995 Regulations (classes of vehicles for which a licence is not required).

New Part 3 includes classes of vehicle brought temporarily into Great Britain for the carriage of goods by international operators in countries with which the United Kingdom has an international agreement relating to the transport of goods by road to, from or through the United Kingdom.

The effect of new Part 3 is to exempt users of the classes of vehicle from the requirement under section 2(1) of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) to hold an operator’s licence issued under that Act.

New Part 3 provides unilateral exemptions for persons using vehicles:

• registered in the Channel Islands, the Faroe Islands, the Isle of Man or Gibraltar (see paragraph 66 of new Part 3);

• used in limited circumstances by operators that have an effective and stable establishment in a country other than the United Kingdom or a member State of the European Union (see paragraph 68 of new Part 3).

In addition, there are exemptions relating to Northern Ireland goods vehicles.

The remainder of the exemptions implement or re-implement obligations under the following international road transport agreements to which the United Kingdom is a party.

Information on locating the text of the agreements to which these Regulations relate 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 irhp@dvsa.gov.uk or telephone 020 8158 0250.

Modification of the Goods Vehicles (Licensing of Operators) Act 1995 and the 1995 Regulations

Regulation 8 inserts new Schedule 3A into the 1995 Regulations. New Schedule 3A modifies the Goods Vehicles (Licensing of Operators) Act 1995 and the 1995 Regulations to provide for the issuing of temporary operators’ licences to international operators, where the vehicle used is not subject to a relevant international agreement.

Part 3: Amendment of the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 Part 3 amends the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (S.I. 1995/3000).

Regulation 9 inserts new paragraph 10 into regulation 3 (fees) to provide that no fee is payable in relation to an operator’s licence applied for, or issued under, the Goods Vehicles (Licensing of Operators) Act 1995 as modified by regulation 33A of, and Schedule 3A to, the 1995 Regulations.

Part 4: Revocations and transitional provision Regulation 10 revokes the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 and instruments which solely amend those Regulations. Regulation 11 provides that the revocations do not have effect in relation to any Icelandic goods vehicle (within the meaning given in the 1996 Regulations) present in Great Britain when these Regulations come into force until such time as that vehicle leaves Great Britain.

Part 5: Review Regulation 12 requires the Secretary of State to review the regulatory provision in these Regulations at least once every five years.

Further information 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. The Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

Footnotes