Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/637 |
| Year | 1980 |
1980 No. 637
ROAD TRAFFIC
The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 19807thMay 1980
9thMay 1980
31stMay 1980
ARRANGEMENT OF REGULATIONS
Citation and commencement 1
Revocation 2
Interpretation 3
Exemptions for Northern Ireland and foreign goods vehicles
used for certain purposes 4
Exemptions for Northern Ireland and foreign goods vehicles
used for the carriage of goods between Member States of the
European Communities 5
Exemption for Northern Ireland and foreign goods vehicles
with international authorisations or licences 6
Exemptions and modifications for Austrian goods vehicles 7
Exemption for Belgian goods vehicles 8
Exemption for Bulgarian goods vehicles 9
Exemption for Channel Islands goods vehicles 10
Exemptions and modification for Czechoslovak goods vehicles 11
Exemption for Danish goods vehicles 12
Exemptions and modifications for Finnish goods vehicles 13
Exemptions and modifications for French goods vehicles 14
Exemptions and modifications for German Democratic Republic
goods vehicles 15
Exemptions and modifications for German Federal Republic
goods vehicles 16
Exemption for Greek goods vehicles 17
Exemptions and modifications for Hungarian goods vehicles 18
Exemptions and modifications for Irish Republic goods vehicles 19
Exemptions and modifications for Italian goods vehicles 20
Exemption for Luxembourg goods vehicles 21
Exemption for Manx goods vehicles 22
Exemption for Netherlands goods vehicles 23
Exemption and modification for Northern Ireland goods vehicles 24
Exemption for Norwegian goods vehicles 25
Exemption for Polish goods vehicles 26
Exemptions and modifications for Portuguese goods vehicles 27
Exemption for Romanian goods vehicles 28
Exemptions and modifications for Spanish goods vehicles 29
Exemption for Swedish goods vehicles 30
Exemption for Swiss goods vehicles 31
Exemptions and modifications for Turkish goods vehicles 32
Exemptions and modifications for Yugoslav goods vehicles 33
Simplified procedure for the grant, etc, of operators' licences 34
SCHEDULES
1. Goods carriage of which is exempt under Regulations 4, 5, 7, 11, 13, 14, 16, 18, 19,20, 27,29, 32 and 33.
2. Vehicles to which exemptions in Regulations 7, 14, 16, 19, 20, 27 and 29 apply.
3. Modification to section 60(1) of the Transport Act 1968 for the purposes of Regulations 7, 18, 19 and 24.
4. Modification to section 60(1) of the Transport Act 1968 for the purposes of Regulations 7, 11, 13, 14, 16, 18, 19, 20, 27, 29, 32 and 33.
5. Part I Modifications to Part V of the Transport Act 1968 in relation to foreign goods vehicles.
Part II Amendments to Regulations in relation to foreign goods vehicles.
The Minister of Transport (hereinafter referred to as "the Minister") in exercise of the powers conferred by sections 89(1) and 91(1), (4) and (5) of the Transport Act 1968(a), and now vested in him(b), and of all other enabling powers, and after consultation with representative organisations in accordance with section 91(8) of the said Act of 1968, and with the Council on Tribunals in relation to Regulation 34 of, and Schedule 5 to, these Regulations in accordance with the requirements of section 10 of the Tribunals and Inquiries Act 1971(c), hereby makes the following Regulations:—
Citation and commencement
1.—These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980, and shall come into operation on 31st May 1980.
Revocation
2. The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1975(d), the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1975(e), the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1977(f) and the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1978(g) are hereby revoked.
(a) 1968 c. 73.
(b) S.I. 1970/1681 and 1979/571.
(c) 1971 c. 62.
(d) S.I. 1975/1046.
(e) S.I. 1975/1713
(f) S.I. 1977/2172.
(g) S.I. 1978/1110.
Interpretation
3.—(1) In these Regulations—
"the Act" means the Transport Act 1968;
"foreign goods vehicle" means a goods vehicle—
(a) which has been brought temporarily into Great Britain and does not remain in Great Britain for more than three months;
(b) which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom; and
(c) which is not used at any time during the said journey for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom;
"loading" includes attaching to a drawing vehicle a trailer which has been loaded with goods before it is so attached, and "loaded" shall be construed accordingly;
"Northern Ireland goods vehicle" means a goods vehicle of which the operating centre is in Northern Ireland and—
(a) which has been brought temporarily into Great Britain and does not remain in Great Britain for more than three months;
(b) which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside Great Britain;
(c) which is not used at any time during the said journey for the carriage of goods loaded at one place in Great Britain and delivered at another place in Great Britain;
(d) which, in the case of a motor vehicle, is registered in Northern Ireland or Great Britain; and
(e) which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Northern Ireland goods vehicle; and
"relief vehicle" means a vehicle used for transporting goods which is sent to replace a vehicle which has broken down, and which continues the haul under cover of the licence, permit, or other document issued for the vehicle which has broken down.
(2) For the purposes of these Regulations—
(a) the permissible laden weight and the permissible pay load of a vehicle shall be determined by reference to the law of the country where the vehicle is registered or, in the case of a trailer which is not registered, by reference to the law of the country where the drawing vehicle is registered; and
(b) a combination of a motor vehicle drawing a trailer shall be treated, for the purpose of determining the permissible laden weight or the permissible pay load, as the case may be, as a single vehicle.
(3) In these Regulations, unless the context otherwise requires, a reference to a numbered Regulation or Schedule is a reference to the Regulation or Schedule bearing that number in these Regulations.
Exemptions for Northern Ireland and foreign goods vehicles used for certain purposes
4. Notwithstanding anything in Regulations 7 to 33, section 60(1) of the Act (Users of certain goods vehicles to hold operators' licences) shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle by virtue of the carriage of such goods as are specified in paragraphs 1, 2, 3, 4, 5, 6 and 7 of Schedule 1.
Exemptions for Northern Ireland or foreign goods vehicles used for the carriage of goods between Member States of the European Communities
5.—(1) Notwithstanding anything in Regulations 7 to 33, section 60(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle for the carriage of goods between Member States of the European Communities—
(a) where the vehicle is—
(i) loaded or unloaded at a place not more than 25 kilometres from the coast of Great Britain and unloaded or loaded (as the case may be) at a place not more than 25 kilometres from the coast of another Member State, and the distance between the place where the goods are loaded onto the vehicle and the place where they are off-loaded from the vehicle, when measured in a straight line (but disregarding so much of that distance as lies over the sea in a case where the vehicle is carried on sea transport specially constructed and equipped for the carriage of commercial vehicles and operated as a regular service) does not exceed 100 kilometres; or
(ii) a motor vehicle, or trailer drawn by a foreign goods vehicle, having a permissible laden weight not exceeding 6 metric tons or a permissible pay load not exceeding 3.5 metric tons; or—
(b) where the goods so carried are those specified in paragraphs 8, 15, 22 or 24 of Schedule 1; or
(c) where the vehicle is being used on a journey for combined road/rail carriage as defined in Article 1 of Council Directive No. 130/75, and there is carried on the vehicle, or, in the case of a trailer, on the vehicle drawing it, a document which satisfies the requirements of Article 3 of that Directive, or a document issued by the competent authority of the Member State where the vehicle, or, in the case of a trailer, the vehicle drawing it, is registered certifying that the vehicle is being used on such a journey; or
(d) where the goods are being carried for or in connection with any trade or business carried on by the carrier and each of the following conditions are fulfilled:—
(i) the goods carried are the property of the carrier or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the carrier;
(ii) the goods are being carried to or from the premises of the carrier or otherwise for the purposes of the carrier;
(iii) the vehicle used for the carriage is being driven by an employee of the carrier;
(iv) save in the case of a vehicle replacing a vehicle which has broken down, the vehicle used for the carriage is owned by the carrier or is in his possession under a contract of hire purchase.
(2) In this Regulation "Council Directive No. 130/75" means Council Directive (EEC) No. 130/75 of the 17th February 1975(a) on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States as amended by Council Directive (EEC) No. 5/79 of the 19th December 1978(b).
(a) O.J. No. L48, 22.2...
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