Carriage of Goods (Prohibition of Discrimination) Regulations 1977

JurisdictionUK Non-devolved
CitationSI 1977/276

1977 No. 276

TRANSPORT

The Carriage of Goods (Prohibition of Discrimination) Regulations 1977

21stFebruary 1977

2ndMarch 1977

23rdMarch 1977

The Secretary of State for Transport, being a Minister designated (a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to discrimination or undue preference in the carriage of goods, in exercise of the powers conferred on him by the said section 2(2), hereby makes the following Regulations:—

1. These Regulations may be cited as the Carriage of Goods (Prohibition of Discrimination) Regulations 1977 and shall come into operation on 23rd March 1977.

2.—(1) In these Regulations, unless the context otherwise requires—

"driver", where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of it and any reference to the driver of a vehicle shall, in relation to a trailer, be construed as a reference to the driver of the motor vehicle by which the trailer is drawn;

"examiner" means an examiner appointed under section 56(1) of the Road Traffic Act 1972(c);

"goods vehicle" means a motor vehicle constructed or adapted for use for the carriage or haulage by road of goods or burden of any description, or a trailer so constructed or adapted;

"goods" means any goods other than goods listed in Annexes I and III to the ECSC Treaty;

"the principal Regulation" means Council Regulation (EEC) No. 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community (d);

(a) S.I. 1972/1811 (1972 III, p. 5216).

(b) 1972 c. 68.

(c) 1972 c. 20.

(d) OJ No. 52. 16.8.1960. p. 1121 (S.E. 1959-1962, p. 60).

"transport undertaking" means any undertaking whose business includes the carriage of goods for hire or reward whether by rail, road or inland waterway, being carriage to which these Regulations apply.

(2) References in these Regulations to a numbered article shall, unless the reference specifies the instrument containing that article, be construed as references to the article bearing that number in the principal Regulation.

(3) The Interpretation Act 1889(a) shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

(4) These Regulations apply to the carriage in Great Britain of all goods by rail, road or inland waterway being carriage to which by virtue of Articles 1 to 3 inclusive the principal Regulation applies.

3.—(1) Any person who carries on a transport undertaking shall be guilty of an offence under this Regulation if that person fails, without reasonable excuse, to notify the Secretary of State, in accordance with paragraph (2) of this Regulation, of any measure of the kind referred to in Article 5(2) (that is to say, any tariff, or formal or other agreement on transport rates and conditions whereby the rates and conditions for carrying the same goods over the same transport links vary according to the country of origin or of destination of the goods in question) being such a measure presently in force or subsequently introduced.

(2) The notification referred to in paragraph (1) above shall be given, in the case of a measure presently in force, within one month of the coming into operation of these Regulations, and, in the case of a measure subsequently introduced, within one month of its introduction.

(3) A person guilty of an offence under this Regulation shall be liable on summary conviction to a fine not exceeding £200 and if the offence in respect of which he is convicted under this Regulation is continued after the conviction, he shall be guilty of a further offence and be liable in respect thereof on summary conviction to a fine not exceeding £5 for each day on which the offence is so continued.

4.—(1) Except where by virtue of Article 8 or 9 the provisions of Article 6 (concerning transport documents) do not apply to the carriage of goods to which these Regulations apply, and subject to the provisions of the next following paragraph, any person who, in relation to any consignment of goods within the Economic Community, is the carrier of those goods within Great Britain, whether by rail, road or inland waterway, shall be guilty of an offence under this Regulation if—

(a) no...

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