Haulage Permits and Trailer Registration Act 2018
| Jurisdiction | UK Non-devolved |
| Citation | 2018 c. 19 |
Haulage Permits and Trailer Registration Act 2018
2018 Chapter 19
An Act to make provision about the international transport of goods by road; to make provision about the registration of trailers; and for connected purposes.
[19 July 2018]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
PART 1
Haulage
International road transport permits
1 International road transport permits
(1) Regulations may prohibit the operator of a goods vehicle from using it on a journey to, in or through a country outside the United Kingdom in relation to which there is a relevant international agreement unless—
(a)
(a) the use of that vehicle in that country is authorised by (and takes place in accordance with) a permit granted by the Secretary of State, and
(b)
(b) the permit is carried on the vehicle.
(2) A permit granted by the Secretary of State for the purposes of regulations under subsection (1) (referred to in this Part as an “international road transport permit”)—
(a)
(a) may be in any form the Secretary of State considers appropriate;
(b)
(b) may be in any language the Secretary of State considers appropriate;
(c)
(c) may be a document or other thing which was given to the Secretary of State by an authority in a country outside the United Kingdom.
(3) A prohibition imposed by regulations under subsection (1) may be limited—
(a)
(a) to journeys of a specified description,
(b)
(b) to vehicles of a specified description, or
(c)
(c) in any other way provided for by the regulations;
for example, a prohibition relating to Ireland may be limited so that it does not prohibit journeys beginning in Northern Ireland.
(4) In this section “relevant international agreement” means—
(a)
(a) in relation to a country other than Ireland, an international agreement—
(i) to which the United Kingdom is a party, and
(ii) which relates to the transport of goods by road to, in or through the country;
(b)
(b) in relation to Ireland, an international agreement—
(i) to which the United Kingdom is a party,
(ii) which the Secretary of State has certified as an agreement to which the Government of Ireland has consented, and
(iii) which relates to the transport of goods by road to, in or through Ireland.
(5) In this Part—
“goods vehicle” means a motor vehicle registered under the Vehicle Excise and Registration Act 1994 which (alone or in combination with one or more other vehicles drawn by it) is constructed or adapted to carry or to haul goods or burden of any description;
“motor vehicle” means a mechanically-propelled vehicle which is intended or adapted for use on roads;
“operator”, in relation to a goods vehicle, means—(a) the driver of the vehicle, if the vehicle belongs to the driver or is in the driver’s possession under an agreement for hire or hire-purchase, or a loan;(b) in any other case, the person whose employee or agent the driver is;
“regulations” means regulations made by the Secretary of State.
2 Number and allocation of permits etc
(1) Regulations may make provision as to how it is to be decided whether to grant an international road transport permit, including provision—
(a)
(a) for the number of permits available for a country to be determined in accordance with a relevant international agreement in relation to that country;
(b)
(b) for the number of permits available in respect of a class of applicants to be determined by the Secretary of State;
(c)
(c) as to how the Secretary of State is to decide whether to grant an application for a permit, including provision specifying criteria or other methods of selection (which may include first come, first served or an element of random selection);
(d)
(d) for a number of permits determined by the Secretary of State to be available for grant in cases in which the Secretary of State considers it inappropriate for provision made under paragraph (c) to be applied, for example because of an emergency or other special need.
(2) Regulations may make further provision about international road transport permits, including provision—
(a)
(a) authorising the Secretary of State to grant a permit subject to conditions determined by the Secretary of State;
(b)
(b) as to the consequences of failure to comply with a condition (for example, provision for the cancellation of a permit);
(c)
(c) about the duration, variation, renewal or cancellation of a permit;
(d)
(d) about the procedure in relation to an application for, or for the variation or renewal of, a permit, including provision specifying—
(i) when an application is to be made, or that the time when an application is to be made is to be determined by the Secretary of State;
(ii) how an application is to be made;
(iii) what an application is to contain.
(3) In this section “relevant international agreement” has the meaning given by section 1(4).
3 Temporary exemptions
(1) Regulations may authorise the Secretary of State to grant a temporary exemption from a prohibition imposed by regulations under section 1(1), for the purpose of enabling an emergency or some other special need to be dealt with.
(2) The regulations may provide for a temporary exemption to be created by—
(a)
(a) giving a notice in writing to the operator to whom it relates, or
(b)
(b) publishing a notice specifying the class of operators to whom it relates.
(3) A notice given or published under subsection (2) must specify—
(a)
(a) the vehicle or class of vehicles to which it relates;
(b)
(b) the journeys to which it relates.
4 Appeals
(1) Regulations may make provision enabling a person to appeal against a decision of the Secretary of State—
(a)
(a) to vary or cancel an international road transport permit;
(b)
(b) as to the conditions subject to which an international road transport permit is granted.
(2) The regulations may provide for an appeal to be made to a court or tribunal.
5 Fees
(1) Regulations may authorise the Secretary of State to charge a fee of an amount specified in the regulations in respect of—
(a)
(a) an application for an international road transport permit, or for the variation or renewal of an international road transport permit;
(b)
(b) the grant, variation or renewal of an international road transport permit.
(2) The regulations may—
(a)
(a) provide that anything for which a fee is payable is conditional on payment of the fee;
(b)
(b) make provision about repayment of fees charged under the regulations, for example where an application for the grant, variation or renewal of a permit is unsuccessful.
6 Production of permits and inspection of vehicles
(1) An examiner may exercise the powers under this section in relation to a goods vehicle if it appears to the examiner—
(a)
(a) that the vehicle is being used on a journey to which regulations under section 1(1) apply, or
(b)
(b) that—
(i) the vehicle is being used on a journey to a place outside the United Kingdom for the purpose of beginning another journey, and
(ii) regulations under section 1(1) would apply to that other journey.
(2) The examiner may—
(a)
(a) require the driver to produce any international road transport permit that is carried on the vehicle and allow the examiner to inspect and copy it;
(b)
(b) inspect the vehicle for the purpose of checking that the use of the vehicle on the relevant journey does not breach the regulations.
(3) The examiner may detain the vehicle for the purpose of—
(a)
(a) exercising powers under subsection (2), or
(b)
(b) taking other steps to check that the use of the vehicle on the relevant journey does not breach the regulations.
(4) Before exercising a power under this section an examiner must, if requested to do so, produce evidence of the examiner’s authority.
(5) In this section “relevant journey”—
(a)
(a) in relation to a case within subsection (1)(a), means the journey on which the vehicle is being used;
(b)
(b) in relation to a case within subsection (1)(b), means the other journey.
7 Prohibition notices
(1) An examiner may prohibit a goods vehicle in the United Kingdom from being taken to a country if it appears to the examiner that—
(a)
(a) the vehicle is being used on a journey that breaches regulations under section 1(1), and
(b)
(b) the breach arises because the journey is to the country or passes through it.
(2) An examiner may prohibit a goods vehicle in the United Kingdom from being taken to a country if it appears to the examiner that—
(a)
(a) the vehicle is being used on a journey to a place outside the United Kingdom for the purpose of beginning another journey, and
(b)
(b) that other journey would breach regulations under section 1(1) by reason of being a journey that is to, in or through the country.
(3) A prohibition may apply—
(a)
(a) for a particular purpose or absolutely;
(b)
(b) for a particular period or indefinitely.
(4) A...
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