UK Offence Report

The Goods Vehicles (International Road Transport Permits and Haulage Within the EU) Regulations 2024

UK Statutory Instrument 2024 No. 679 — creates 7 criminal offences.

7offences created
0recorded in force
0revoked
Made
21 May 2024
In force from
11 June 2024
Extent
Not stated
Subject
Road traffic and vehicles
Made under
European Union (Future Relationship) Act 2020, Haulage Permits and Trailer Registration Act 2018, Schedule 5 to the European Union (Future Relationship) Act 2020

Explanatory note

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

These Regulations regulate the use of goods vehicles on journeys to, in or through the countries and territories in relation to which the United Kingdom has a relevant international agreement (within the meaning given by section 1(4) of the Haulage Permits and Trailer Registration Act 2018 (c. 19) (“the 2018 Act”)) relating to the transport of goods by road, and the movement of goods between two points in the EU. These Regulations revoke and replace the International Road Transport Permits (EU Exit) Regulations 2018 (S.I. 2018/1204). Regulation 3 defines or otherwise explains expressions used in the Regulations (some of which are also used below). Part 2 makes provision in relation to permits. In summary: regulation 4 prohibits the operator of a goods vehicle from using it without a permit on a journey for the carriage of goods to, in or through the countries in relation to which the United Kingdom has a relevant international agreement and makes provision for when the prohibition does not apply; regulation 5 sets out the types of permits available to an operator to authorise the use of a goods vehicle on a journey otherwise prohibited under regulation 4; regulation 6 provides that the number of permits available for a country is to be determined in accordance with the agreement relating to that country; regulation 7 authorises the Secretary of State to charge fees for permits; regulations 8 and 9 set out the procedure for permit applications; regulation 10 sets out how the Secretary of State decides whether to grant a permit; regulation 11 authorises the Secretary of State to grant a permit subject to conditions; regulation 12 provides for the duration of permits; regulation 13 requires that where there is a decision not to grant a permit reasons must be given to the applicant; regulation 14 authorises the Secretary of State to grant a temporary exemption from the prohibition imposed by regulation 4 for the purpose of enabling an emergency or some other special need to be dealt with. Part 3 includes enforcement provisions additional to those set out in sections 6, 7 and 8 of the 2018 Act. In summary: regulation 15 authorises the Secretary of State to direct an operator to remedy a breach of a condition attached to a permit; regulation 16 authorises the Secretary of State to cancel an operator’s permit in certain circumstances; regulations 17 and 18 provide for an operator to appeal the cancellation of a permit. Part 4 prohibits the operator of a goods vehicle from using it on a commercial journey for the carriage of goods between member States or within a member State unless certain requirements are met and makes provision for enforcement equivalent to those in sections 6, 7 and 8 of the 2018 Act. In summary: regulation 19 defines or otherwise explains expressions used in Part 4; regulation 20 prohibits the use of a goods vehicle in certain circumstances unless the use is authorised by an ECMT permit or the operator complies with the limit on journeys in regulation 21 and (in more limited circumstances) the requirements in regulation 22; regulation 21 sets out the limit on journeys for the purpose of regulation 20(1); regulation 22 sets out that the requirements for the purposes of regulation 20(2) are that the operator must make a posting declaration at or before the time the journey commences and the driver must carry a copy of the posting declaration during the journey; regulation 23 imposes a requirement on the operator of certain vehicles in certain circumstances to comply with posting enquiries made by a member State to, in or through which the vehicle is used; regulation 24 provides stopping officers and Northern Ireland examiners with the power to stop a goods vehicle for the purposes of checking whether the driver is carrying a copy of a posting declaration; regulation 25 makes provision in certain circumstances for an examiner to require a driver to produce a copy of a posting declaration and to inspect the vehicle, and to detain the vehicle for these purposes; regulation 26 enables an examiner to prohibit a goods vehicle in the United Kingdom from being taken to a member State if it appears that the vehicle is being used on a journey between two places in the EU and a posting declaration has not been made; regulation 27 provides for offences where relevant provisions in the Regulations are not complied with and where a person obstructs an examiner exercising powers conferred by this Part. Part 5 contains miscellaneous provisions: regulation 28 requires the Secretary of State to review the regulatory provision in these Regulations at least once every five years; regulation 30 makes incidental or consequential amendments to the Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/596). Information on locating the text of the relevant international 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. The agreements relevant to each listed country are set out in the table below. (A) Listed country (B) Relevant agreement(s) Armenia Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics concerning International Road Transport with Administrative Memorandum done at London on 22nd January 1988 (“the UK-USSR Agreement”) The ECMT agreements Austria Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30th December 2020 (“the Trade and Cooperation Agreement”) The ECMT agreements Azerbaijan Agreement between the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Azerbaijan on International Road Transport done at Baku on 23rd February 2023 The ECMT agreements Belarus Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Belarus concerning International Motor Vehicle Carriage done at Minsk on 18th March 2019 The ECMT agreements Belgium The Trade and Cooperation Agreement The ECMT agreements Bulgaria The Trade and Cooperation Agreement The ECMT agreements Croatia The Trade and Cooperation Agreement The ECMT agreements Czech Republic The Trade and Cooperation Agreement The ECMT agreements Denmark The Trade and Cooperation Agreement The ECMT agreements Estonia The Trade and Cooperation Agreement The ECMT agreements Finland The Trade and Cooperation Agreement The ECMT agreements France The Trade and Cooperation Agreement The ECMT agreements Georgia Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Georgia on International Road Transport done at London on 13th November 1997 The ECMT agreements Germany The Trade and Cooperation Agreement The ECMT agreements Greece The Trade and Cooperation Agreement The ECMT agreements Hungary The Trade and Cooperation Agreement The ECMT agreements Ireland The Trade and Cooperation Agreement The ECMT agreements Italy The Trade and Cooperation Agreement The ECMT agreements Kazakhstan Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Kazakhstan on International Road Transport done at London on 22nd November 2006 Kyrgyzstan The UK-USSR Agreement Latvia The Trade and Cooperation Agreement The ECMT agreements Lithuania The Trade and Cooperation Agreement The ECMT agreements Luxembourg The Trade and Cooperation Agreement The ECMT agreements Malta The Trade and Cooperation Agreement The ECMT agreements Morocco Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Morocco on the International Carriage of Goods by Road with Administrative Memorandum done at Marrakesh on 15th April 1994 Netherlands The Trade and Cooperation Agreement The ECMT agreements Poland The Trade and Cooperation Agreement The ECMT agreements Portugal The Trade and Cooperation Agreement The ECMT agreements Romania The Trade and Cooperation Agreement The ECMT agreements Russia The UK-USSR Agreement The ECMT agreements Slovakia The Trade and Cooperation Agreement The ECMT agreements Slovenia The Trade and Cooperation Agreement The ECMT agreements Spain The Trade and Cooperation Agreement The ECMT agreements Sweden The Trade and Cooperation Agreement The ECMT agreements Tajikistan The UK-USSR Agreement Tunisia Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Tunisian Republic on the International Carriage of Goods by Road done at London on 10th March 1982 Turkey Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Turkey concerning International Road Transport done at Ankara on 9th September 1977 The ECMT agreements Turkmenistan The UK-USSR Agreement Ukraine Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ukraine on International Road Transport done at London on 13th December 1995 The ECMT agreements Uzbekistan The UK-USSR Agreement 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. An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

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