The Trailer Registration Regulations 2018

UK Statutory Instrument 2018 No. 1203 — creates 7 criminal offences.

7offences created

0recorded in force

0revoked

Made: 20 November 2018
In force from: Not determined
Extent: Not stated
Subject: Road traffic and vehicles
Made under: Haulage Permits and Trailer Registration Act 2018, Vehicles (Crime) Act 2001

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

The Haulage Permits and Trailer Registration Act 2018 conferred powers on the Secretary of State to establish a registration scheme for trailers kept or used on roads and create offences relating to that scheme. These Regulations— a specify the criteria and procedure for registration, the particulars to be provided and the registration fee (regulation 4); b prohibit the keeping or use of unregistered trailers in certain categories on journeys to or through countries outside the United Kingdom that have ratified the 1968 Convention on Road Traffic (regulation 5); c govern the issue, expiry, replacement and renewal of documents relating to the registration of a trailer (regulations 6, 7 and 9); d specify the Secretary of State’s powers to ensure the accuracy of the register and impose a duty on registered keepers to notify the Secretary of State of inaccuracies (regulation 8); e impose a duty on registered keepers to notify the Secretary of State of the disposal of a registered trailer and set out how a new/subsequent keeper may become the registered keeper (regulation 10); f require that information, etc., provided to the Secretary of State in pursuance of these Regulations is provided via a digital service, with specified exceptions (regulation 11); g authorise examiners and stopping officers to require the production of a trailer registration document (regulation 12); h provide for inspections of trailers and matters related to the outcomes of such inspections (regulations 13 and 14); i require the Secretary of State to assign a registration mark (more commonly known as a registration number) to a registered trailer and allow for marks to be reassigned or withdrawn (regulation 15); j specify the shape, size and spacing of the characters in the registration mark and the physical characteristics and placement of the registration plate that bears the mark, and impose a duty to fix a plate on a registered trailer (regulations 16 and 17 and Schedule 2); k amend the Road Vehicles Lighting Regulations 1989 and the Vehicles Crime (Registration of Registration Plate Suppliers) Regulations 2008 to accommodate the introduction of the trailer registration scheme (regulation 18 and Schedule 3); l create offences and provide appropriate defences relating to breaches of specified regulations (regulation 19), the keeping or use of an incorrectly registered trailer (regulation 20), the obscuring of registration marks (regulation 21), the obstruction or impersonation of a person entitled to carry out an inspection of a trailer (regulation 22) and providing false or misleading information, documents or declarations (regulation 23); m permit a chief officer of police or the Secretary of State to require a person to identify a person suspected of a specified offence relating to the keeping or use of a trailer, or provide information that may lead to the identification of the suspected person, and create an offence of failing to do so (regulation 24); n provide that any offence created under these Regulations is punishable by a maximum of a level 3 fine on summary conviction (regulation 25); o allow for admissions and records held by the Secretary of State in relation to these Regulations to be admissible in legal proceedings (regulations 26 and 27); and p require the Secretary of State to carry out a review of these Regulations from time to time (regulation 3). The 1968 Vienna Convention on Road Traffic established common standards and rules for drivers and vehicles in international road traffic. Among other things, it permits a contracting party to refuse to admit an unregistered trailer to its territory. The Convention was ratified by the United Kingdom in March 2018 and comes into force for the United Kingdom on 28th March 2019. It is available at https://www.gov.uk/government/publications/ms-no12018-convention-on-road-traffic-as-amended and can be viewed by appointment at the Parliamentary Archives, Houses of Parliament, London, SW1A 0PW (archives@parliament.uk; 020 7219 3074). Regulation 1(2) and Schedule 1 provide for the provisions in these Regulations to come into force on different dates. The provisions that are necessary to process registration applications and issue registration documents, along with closely related matters, will come into force on the day after these Regulations are made. The duties on registered keepers, such as notifying the Secretary of State of inaccuracies in the register, will come into force 21 days after the day on which these Regulations are made. This will enable registration applications to begin as soon as possible while providing those potentially affected with a reasonable period of time to adjust to the new duties. The provisions relating to the roadside enforcement of the registration scheme will come into force on 28th March 2019, the same date as the Convention comes into force for the United Kingdom. From this date, using unregistered trailers in certain categories on journeys to or through foreign countries that have ratified the Convention will be prohibited, registration marks must be displayed on registered trailers and the users of registered trailers may be required to produce registration documents. Part 3 (registration marks and plates) of this instrument and Schedule 2 contain technical standards as defined by the Technical Standards and Regulations Directive (2015/1535/EU; OJ No. L 241, 17.9.2015, p.1). The appropriate notification was sent to the European Commission in May 2018 and no comments were made during the three month standstill period. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on the UK Legislation website www.legislation.gov.uk. The impact assessment is also available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR (0300 330 3000).

Offences created by this instrument

Breaches of specified regulations regulation 19(1) · Status not determined · Strict liability
Incorrectly registered trailers regulation 20(1) · Status not determined · Strict liability
Obscuring of registration marks regulation 21(1) · Status not determined · Strict liability
Obstruction of, or pretending to be, a person entitled to carry out an inspection regulation 22 · Status not determined · Requires proof of a state of mind
False or misleading information, documents or declarations regulation 23 · Status not determined · Requires proof of a state of mind
Duty to provide information in relation to a suspected person regulation 24(4) · Status not determined · Strict liability
Unregistered trailers in 1968 Convention territories regulation 5(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft International Road Transport Permits (EU Exit) Regulations 2018 Draft Trailer Registration Regulations 2018 Commons · General Committees · 6 November 2018 · Rachael Maskell
It is a pleasure to serve under your chairmanship, Mr Hanson. I thank the Minister for introducing the draft regulations, following our debates during the passage of the Haulage Permits and Trailer Registration Act. I turn first to the draft International Road Transport Permits (EU Exit) Regulations 2018. We are legislating over the abyss of the unknown with respect to whether they will be required, but clearly my hope is that they will not be. I certainly hope that the Minister has been making strong representations for us to be part of the Community licence scheme, alongside EU and…
International Road Transport Permits (EU Exit) Regulations 2018 Lords · Lords Chamber · 6 November 2018 · Lord Rosser (Lab)
I too thank the Minister for setting out the content and purpose of these draft regulations and order. I share the concerns already expressed, and will revisit only some of them due to the time constraints that I know we are under today. The draft international road transport permits regulations are laid, as are the others, under the Haulage Permits and Trailer Registration Act 2018. That Act allows arrangements to be put in place to enable international road haulage to continue after departure from the EU. Those arrangements create a framework for a single permit scheme that will deal with…
Draft International Road Transport Permits (EU Exit) Regulations 2018 Draft Trailer Registration Regulations 2018 Commons · General Committees · 6 November 2018 · Jesse Norman
The hon. Lady will recall that there was an extensive debate on the question whether there should be any aspect of random allocation. The whole point about random allocation is that in circumstances in which there may not be enough ECMT permits to go around, further scope would be provided by bilateral agreements under this remote contingency. If that were to be the case, random selection would, of course, be applied to make sure that people were given a fair shot at getting permits, even if they had not necessarily pre-qualified through the prior application of the other criteria. That was…
Draft International Road Transport Permits (EU Exit) Regulations 2018 Draft Trailer Registration Regulations 2018 Commons · General Committees · 6 November 2018
Delegated Legislation Commons · Commons Chamber · 12 November 2018 · Mr Speaker
With the leave of the House, I will take motions 7 to 9 together. Once again, I assure the House that I am of course conscious of how keenly aware people are of these motions, and I merely remind them that motion 7 is about Exiting the European Union (Road Traffic) and motions 8 and 9—I can almost hear a Member mouth the words under his breath—are both entitled Road Traffic. I am sure you are all very well aware of these important matters. Motion made, and Question put forthwith (Standing Order No. 118(6)), Exiting the European Union (Road Traffic) That the draft International Road Transport…

How Parliament handled it

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