PART 1General

Citation and commencement

1.  These Regulations may be cited as the International Road Transport Permits (EU Exit) Regulations 2018 and come into force on the day after the day on which they are made, except for regulations 4(2) and 18 which come into force on exit day.

Interpretation

2.  In these Regulations-

"1995 Act" means the Goods Vehicles (Licensing of Operators) Act 1995(2);

"2010 Act" means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(3);

"application" means an application by an operator under regulation 20;

"authorisation for international removals" means a document granting permission to carry out international removals in the form set out in Annex II of the Multilateral Quota User Guide published on 1st January 2014(4);

"carriage of goods" means the carriage of goods for hire or reward, or for or in connection with any trade or business carried on by the operator of a vehicle, and includes-

"exit day" has the meaning given in section 20 of the European Union (Withdrawal) Act 2018(5);

"international journey" means a journey-

"own account" means the carriage of goods 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-

"permit" means an international road transport permit under section 1(2) of the Haulage Permits and Trailer Registration Act 2018;

"relevant country" means-

"relevant member State" means a member State of the European Union which has agreed a relevant international agreement under which a goods vehicle being used for the carriage of goods to, in or through the territory of that member State must carry a permit(6);

"working day" means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(7); and a notice given after 4.30pm on a working day is treated as given on the next working day.

Application of these Regulations

3.-(1) These Regulations apply to a goods vehicle used on a road for the carriage of goods.

(2) These Regulations do not apply to the use of a Northern Ireland goods vehicle to transport goods on-

(a)a journey beginning in Northern Ireland to a place in Ireland, or

(b)the part of an international journey beginning in Northern Ireland which passes through Ireland.

(3) In this regulation, "Northern Ireland goods vehicle" means a goods vehicle used under an operator's licence issued under section 14 of the 2010 Act.

PART 2Requirement to carry an international road transport permit

Carriage of a permit

4.-(1) Subject to regulations 5 to 17, an operator must not use a goods vehicle for the carriage of goods on an international journey to, in or through a relevant country, unless the operator carries on the vehicle a permit valid for each relevant country on that journey(8).

(2) Subject to regulation 18, an operator must not use a goods vehicle for the carriage of goods on an international journey to, in or through a relevant member State, unless the operator carries on the vehicle a permit valid for each relevant member State on that journey.

Exemptions: Armenia

5.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Armenia where that vehicle is-

(a)being used for the carriage of goods-

(i)specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)on own account; or

(b)of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Azerbaijan

6.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Azerbaijan where that vehicle is-

(a)is being used for the carriage of goods-

(i)specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)on own account; or

(b)of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Belarus

7.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Belarus where that vehicle is-

(a)being used for the carriage of goods specified in paragraph 4, 5, 8, 11, 18 or 22 of Schedule 1; or

(b)of a type specified in paragraph 26 of Schedule 1.

Exemptions: Bosnia and Herzegovina

8.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Bosnia and Herzegovina where that vehicle is-

(a)being used for the carriage of goods-

(i)specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)on own account; or

(b)of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Georgia

9.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Georgia where that vehicle is being used for the carriage of goods-

(a)specified in paragraph 4, 5, 9, 18, 22, 23 or 24 of Schedule 1; or

(b)on own account.

Exemptions: Kazakhstan

10.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Kazakhstan where that vehicle is-

(a)being used for the carriage of goods specified in paragraph 4, 5, 8, 9, 17, 18 or 22 of Schedule 1; or

(b)of a type specified in paragraph 26 of Schedule 1.

Exemptions: Kosovo

11.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Kosovo where that vehicle is-

(a)being used for the carriage of goods specified in paragraph 4, 5, 8, 11, 15, 17, 18 or 21 of Schedule 1; or

(b)of a type specified in paragraph 26 of Schedule 1.

Exemptions: Montenegro

12.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Montenegro where that vehicle is-

(a)being used for the carriage of goods-

(i)specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)on own account; or

(b)of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Morocco

13.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Kingdom of Morocco where that vehicle is being used for the carriage of goods specified in paragraph 2, 9 or 12 of Schedule 1.

Exemptions: Russian Federation

14.-(1) Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Russian Federation where that vehicle is-

(a)being used for the carriage of goods specified in paragraph 4, 5 or 8 of Schedule 1; or

(b)carrying a relevant document and is,-

(i)being used for carriage of goods specified in paragraph 18, 19 or 20 of Schedule 1; or

(ii)of a type specified in paragraph 27 or 28 of Schedule 1.

(2) In this regulation, "relevant document" means a document carried in accordance with regulation 26(6) of the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996(9).

Exemptions: Serbia

15.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Serbia where that vehicle is-

(a)being used for the carriage of goods-

(i)specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)on own account; or

(b)of a type specified in paragraph 26 or 28 of Schedule 1.

Exemptions: Tunisia

16.  Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Tunisia where that vehicle is-

(a)being used for the carriage of goods specified in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 15, 16, 18, 21 or 22 of Schedule 1; or

(b)of a type specified in Part 2 of Schedule 1.

Exemptions: Ukraine

17.  Regulation 4(1) does not apply to the use of goods vehicle on the part of an international journey which takes place in Ukraine where that vehicle is-

(a)being used for the carriage of goods-

(i)specified in paragraph 4, 5, 9, 15, 17, 18, 19, 20, 21 or 23 of Schedule 1, or

(ii)on own account; or

(b)of a type specified in paragraph 26 of Schedule 1.

Exemptions: relevant member States

18.  Regulation 4(2) does not apply to the use of a goods vehicle on the part of an international journey which takes place in a relevant member State where that vehicle is-

(a)being used for the carriage of goods-

(i)specified in paragraph 4, 5 or 9 of Schedule 1, or

(ii)on own account; or

(b)of a type specified in paragraph 26 in Schedule 1.

Temporary exemptions

19.-(1) The Secretary of State may grant a temporary exemption from the prohibition in regulation 4 for the purpose of enabling an emergency or some other special need to be dealt with.

(2) A temporary exemption under paragraph (1) may be granted-

(a)by giving notice in writing to the operator to whom it relates, or

(b)by publishing a notice specifying the class of operators to whom it relates.

PART 3International road transport permits

Making an application

20.-(1) An operator must apply to the Secretary of State for a permit within the period specified by the Secretary of State for submitting an application for that permit.

(2) An application must-

(a)include any information specified by the Secretary of State, and

(b)be accompanied by the fee specified in Schedule 2.

(3) An application may only be made by a person who holds an operator's licence issued under section 15 of the 1995 Act or section 14 of the 2010 Act.

Further information in respect of an application made under regulation 20

21.-(1) If the Secretary of State considers that further information is required to determine an application, the Secretary of State may serve a notice on the applicant specifying the further information and the period within which it must be provided.

(2) If the applicant fails to provide the further information in accordance with that notice, the Secretary of State may serve a further notice on the applicant stating that the application is considered to be withdrawn.

(3) If an application is considered to be withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

Withdrawing an application

22.-(1) An application may be withdrawn by the applicant before the permit is granted.

(2) If an application is withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

Number of permits

23.-(1) Where a relevant international agreement with a relevant country or a relevant member State restricts the number of permits available for international journeys to, in or through that country or member State, the Secretary of State may designate-

(a)the number of those permits available for determination under regulation 24; and

(b)the number of those permits that the Secretary of State may grant in other circumstances, including in an emergency or for some other special need.

(2) The Secretary of State may alter or remove a designation.

Determining an application

24.-(1) Before granting a permit designated under regulation 23(1)(a), the Secretary of State must consider, where relevant to the permit applied for-

(a)the exhaust emissions level (for example, Euro 5, Euro 6 or other(10)) of the goods vehicle or vehicles which the applicant intends to use on a journey under the permit applied for;

(b)the goods which the applicant intends to carry under the permit applied for;

(c)the frequency with which the applicant intends to the use the permit applied for; and

(d)the proportion of the total number of journeys made by the applicant annually that are international journeys.

(2) The Secretary of State may-

(a)use random selection in addition to the considerations in paragraph (1) to determine whether to grant a permit designated under regulation 23(1)(a); and

(b)take into account any other matters that the Secretary of State considers appropriate in determining whether to grant a permit.

(3) The Secretary of State must provide guidance to applicants on the policy that the Secretary State will apply to determine applications.

Granting a permit

25.-(1) Subject to regulation 24, the Secretary of State may grant a permit falling within the number designated under regulation 23(1)(a).

(2) The Secretary of State may grant a permit falling within the number designated under regulation 23(1)(b).

(3) The Secretary of State may grant any other permit on a first come, first served basis.

(4) The Secretary of State must give reasons for refusing to grant a permit.

Content of a permit

26.  A permit must specify-

(a)the international journey or journeys for which that vehicle may be used;

(b)the operator to which the permit is granted;

(c)the period for which the permit is granted; and

(d)any other conditions that the operator must comply with.

Cancelling a permit

27.-(1) The Secretary of State may cancel a permit if-

(a)the operator's licence is revoked, suspended or curtailed under section 26 or 27 of the 1995 Act or section 23 or 24 of the 2010 Act;

(b)the operator breaches any condition attached to that permit and fails to remedy that breach within 20 working days of notification;

(c)the operator is guilty, in respect of that permit, of an offence-

(i)in Great Britain, under section 173 or 174 of the Road Traffic Act 1988(11),

(ii)in Northern Ireland, under section 36 or 37 of the 2010 Act; or

(d)the operator requests the permit is cancelled.

(2) Where the Secretary of State decides to cancel a permit, the Secretary of State must notify the operator of-

(a)the reasons for cancelling the permit; and

(b)the date on which the permit will be cancelled, which must not be less than 20 working days after the date on which the operator is notified.

(3) Unless the Secretary of State withdraws a cancellation notice, a permit ceases to have effect on the date specified in the notice.

Appeals

28.-(1) Where the Secretary of State decides to cancel a permit, an operator may appeal-

(a)in Great Britain, to a traffic commissioner; and

(b)in Northern Ireland, to the Upper Tribunal.

(2) An appeal must be brought within 20 working days of the day on which the operator was notified of the decision to cancel the permit.

(3) On an appeal to a traffic commissioner, the traffic commissioner must-

(a)consider any written representations made and any evidence provided when the appeal is brought;

(b)inform the appellant of the outcome of the appeal within a period of 56 days, beginning with the day on which the appeal was brought; and

(c)provide reasons for the decision ("the determination").

(4) Without prejudice to the right of any person to make an application for judicial review-

(a)a determination by a traffic commissioner is binding on all parties affected by the determination; and

(b)a traffic commissioner may give such directions as the traffic commissioner considers appropriate to give effect to the determination.

(5) In this regulation-

"traffic commissioner" has the same meaning as in the Public Passenger Vehicles Act 1981(12); and

"upper tribunal" means the Upper Tribunal constituted under section 3 of the Tribunal, Courts and Enforcement Act 2007(13).

Fees

29.  The fee payable for a function and the time when that fee must be paid are set out in Schedule 2.

Records

30.-(1) Where an operator is granted a permit under regulation 25, the operator must keep a record of any international journey made using that permit.

(2) The operator must provide the Secretary of State with a copy of any such record on request.

PART 4Miscellaneous

Review

31.-(1) The Secretary of State must from time to time-

(a)carry out a review of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)publish that report.

(2) In carrying out the review the Secretary of State must, so far as is reasonably practicable, have regard to how relevant international agreements are implemented in countries subject to those agreements.

(3) The report must in particular-

(a)set out the objectives intended to be achieved by the relevant international agreements and by these Regulations,

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

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation must afterwards be published at intervals not exceeding five years.

Revocations

32.  The instruments in Schedule 3 are revoked.

Regulations 5 to 18

SCHEDULE 1Exemptions

PART 1Exemptions for the carriage of goods

1.  Luggage being carried to or from an airport.

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

3.  Luggage being carried in a trailer drawn by a passenger vehicle.

4.  Postal packets (as defined in section 125(1) of the Postal Services Act 2000(14)).

5.  Damaged vehicles.

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

7.  Bees or fish stock.

8.  The body of a deceased person.

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

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

11.  Household effects.

12.  Live animals, other than animals intended for slaughter.

13.  Spare parts for ocean-going ships.

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

15.  Works of art.

16.  Antiques.

17.  Goods carried exclusively for publicity or educational purposes.

18.  Property, 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.

19.  Goods, property or animals being carried to or from theatrical, musical, film or circus performances, or sporting events.

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

21.  Goods carried for fairs and exhibitions.

22.  Broken-down vehicles.

23.  Objects and works of art for exhibitions.

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

25.  Newly-acquired vehicles to their final destination.

PART 2Exemption for certain types of goods vehicles

26.  A vehicle having a maximum laden weight not exceeding 3.5 tonnes.

27.  A goods vehicle used for the carriage of an abnormal indivisible load or other wide load, providing that vehicle complies with the requirements of the Road Vehicles (Authorisation of Special Types) (General) Order 2003(15).

28.  A relief vehicle.

29.  In this part-

"maximum laden weight" in relation to a vehicle (including a vehicle which is a trailer) means-

"relief vehicle" means a vehicle used for transporting goods which is sent to replace a vehicle which has broken down, and continues the haul under the cover of a licence, permit or other document issued for the vehicle which has broken down.

Regulation 29

SCHEDULE 2Fees

1.  In this Schedule-

"ECMT short-term permit" means a short-term ECMT licence valid for 30 calendar days in accordance with the Multilateral Quota User Guide published on 1st January 2014; and

"periodic permit" means a permit that is valid for less than one year and for which the fee in column (4) of the Table is payable for each period for which it is valid being-

Time for payment

2.-(1) The fee for an application for a permit must be paid when submitting the application for that permit.

(2) The fee for granting a permit designated under regulation 23(1)(a) or (b) must be paid within 10 working days of notification that the permit is to be granted.

(3) The fee for granting any other permit must be paid when submitting the application for that permit.

Amount of fee payable

3.  The fees payable for a permit are specified in the following Table.

Regulation 32

SCHEDULE 3Revocations

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prohibit an operator from using a goods vehicle registered in the UK for transporting goods on an international journey to, in or through a relevant country or relevant member State without an international road transport permit ("permit") and require that permit to be carried on the vehicle. The Regulations set out the administrative provisions for applying for and granting a permit; how such applications will be determined; and the information that must be included in a permit. They also set out the circumstances in which a permit may be cancelled, provide for appeals and enable fees to be charged.

Part 1 (regulations 1 to 3) contains introductory provisions. Regulation 3 applies the Regulations to goods vehicles used on the road in the UK for the carriage of goods for hire or reward, or in connection any trade or business carried on by the operator.

Part 2 (regulations 4 to 19) requires a goods vehicle registered in the United Kingdom to carry a permit when transporting goods on an international journey to a relevant country or a relevant member State, and sets out specific exemptions for each relevant country or member State.

Regulation 4 prohibits the use of a goods vehicle for the carriage of goods on an international journey to, in or through a relevant country or a relevant member State, unless a permit for that journey is carried on the vehicle. "International journey", "relevant country" and "relevant member State" are defined in regulation 2 (interpretation).

Regulations 5 to 18 provide for exemptions from the requirement to carry a permit for each relevant country and relevant member State. These exemptions provide that the carriage of certain types of the goods are exempt by reference to Part 1 of Schedule 1, and certain types of vehicles are exempt by reference to Part 2 of Schedule 1. The exemptions are different for each relevant country and relevant member State because they reflect the exemptions agreed in the relevant international agreements.

Regulation 19 provides that the Secretary of State may temporarily exempt a UK operator or class of operators from the requirement to carry a permit in an emergency or for some other special need, and sets out how such an exemption may be granted.

Part 3 (regulations 20 to 30) sets out the administrative provisions concerning permits, which include how to make an application; the number of permits available for allocation and the process of allocating them; the fees payable for a permit; the circumstances in which a permit may be cancelled and the process for appealing the cancellation of a permit.

Regulation 30 requires an operator granted a permit to keep a record of the journeys made using that permit and to provide a copy of any such record to the Secretary of State on request.

Part 4 (regulations 31 and 32) contains miscellaneous provisions. Regulation 31 requires the Secretary of State to review the operation and effect of the Regulations and publish a report within five years of them coming into force and every five years afterwards. Following a review, it will be for the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to amend or revoke the Regulations. Regulation 32 and Schedule 3 revoke a number of instruments under which fees for the issue of some permits are currently charged.

An impact assessment of the effect of these Regulations on the cost to business is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.