Road Transport (International Passenger Services) Regulations 1984

JurisdictionUK Non-devolved
CitationSI 1984/748

1984 No. 748

ROAD TRAFFIC

The Road Transport (International Passenger Services) Regulations 1984

Made 25th May 1984

Laid before Parliament 8th June 1984

Coming into Operation 1st July 1984

The Secretary of State for Transport, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 1972 in relation to international carriage of passengers by road, in exercise of the powers conferred by that section, section 40(1) and (3) of the Road Traffic Act 1972 and section 60(1) of the Public Passenger Vehicles Act 1981 and, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973, and now vested in him2, and of all other enabling powers, and (in respect of the Regulations in so far as made under the said sections 40(1) and (3) and 60(1)), after consultation with representative organisations in accordance with the provisions of section 199(2) of the Road Traffic Act 1972 and section 61(2) of the said Act of 1981, hereby makes the following Regulations:—

1 GENERAL

PART I

GENERAL

S-1 Citation, commencement and revocation

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Road Transport (International Passenger Services) Regulations 1984 and shall come into operation on 1st July 1984.

(2) The Road Transport (International Passenger Services) Regulations 1980, the Road Transport (International Passenger Services) (Amendment) Regulations 1981 and the Road Transport (International Passenger Services) (Amendment) Regulations 1983 are hereby revoked.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

(a)

(a) the references to the following provisions, that is to say—

Council Regulation No. 117/66

Council Regulation No. 516/72

Council Regulation No. 517/72 and

Commission Regulation No. 1016/68

are references, respectively, to the Community provisions more particularly described in Schedule 1 and references to “” or “”

(b)

(b) “” means3 (EEC) No. 56/83

(c)

(c) “” means—

(i) a state, not being a member State, which is a Contracting Party to ASOR and to which the provision of Sections II and III of ASOR apply in accordance with Article 18 thereof; or

(ii) the Economic Community;

(d)

(d) “” means, in relation to the carriage of passengers, the international carriage of passengers by road to which ASOR applies, namely in the circumstances specified in Article 1 thereof, that is to say, by means of occasional services (within the meaning of that Agreement) effected—

(i) between the territories of two ASOR States, or starting and finishing in the territory of the same ASOR State; and

(ii) should the need arise during such services, in transit through the territory of another ASOR State or through the territory of a state which is not an ASOR State; and

(iii) using vehicles registered in the territory of an ASOR State which by virtue of their construction and their equipment, are suitable for carrying more than nine persons, including the driver, and are intended for that purpose,

and references to the carriage of passengers which is ASOR regulated include unladen journeys of the vehicles concerned with such carriage;

(e)

(e) “” means, in relation to the carriage of passengers, the international carriage of passengers by road to which Council Regulation No. 117/66 applies, namely in the circumstances mentioned in Article 4(1) thereof, that is to say—

(i) where the place of departure is in the territory of a member State and the destination is in the territory of the same or another member State; and

(ii) the vehicle is registered in a member State and in construction and equipment is suitable for carrying more than nine persons, including the driver, and is intended for that purpose,

and references to the carriage of passengers which is Community regulated include unladen journeys of the vehicles concerned with such carriage;

(f)

(f) “” means

(g)

(g) “” means

(h)

(h) “”4

(i)

(i) “”

(j)

(j) “” means

(2) Any reference in these Regulations to a numbered Regulation or Schedule is a reference to the Regulation or Schedule bearing that number in these Regulations.

S-3 Extent

Extent

3. These Regulations do not extend to Northern Ireland.

2 MODIFICATIONS OF THE ACT OF 1981 IN RELATION TO VEHICLES REGISTERED IN THE UNITED KINGDOM WHEN USED FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS

PART II

MODIFICATIONS OF THE ACT OF 1981 IN RELATION TO VEHICLES REGISTERED IN THE UNITED KINGDOM WHEN USED FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS

S-4 Community regulated regular, shuttle and works services by vehicles registered in the United Kingdom

Community regulated regular, shuttle and works services by vehicles registered in the United Kingdom

4.—(1) This Regulation applies to a vehicle registered in the United Kingdom which is being used for Community regulated carriage of passengers in so far as the vehicle—

(a)

(a) is used to provide any service for the carriage of passengers such as is mentioned in Article 1, 2 or 6 of Council Regulation No. 117/66; and

(b)

(b) is so used in accordance with such of the requirements of the Council Regulations as apply in relation to the service in question.

(2) The provisions of the Act of 1981 shall have effect as if—

(a)

(a) in relation to a vehicle to which this Regulation applies registered in Great Britain, section 30 (Road service licences required for operation of stage carriage services) of the Act of 1981 were omitted; and

(b)

(b) in relation to a vehicle to which this Regulation applies registered in Northern Ireland, sections 6, 12, 18, 22 and 30 of the Act of 1981 were omitted.

S-5 Non-Community regulated regular and shuttle services by public service vehicles registered in the United Kingdom

Non-Community regulated regular and shuttle services by public service vehicles registered in the United Kingdom

5.—(1) This Regulation applies to a public service vehicle registered in the United Kingdom which is being used for the international carriage of passengers by road which is not Community regulated but where the vehicle is being used to provide a service for the carriage of passengers of a description such as is mentioned in Article 1 or 2 of Council Regulation 117/66 (that is to say, a regular service, a special regular service or a shuttle service as defined in those Articles).

(2) The provisions of the Act of 1981 shall have effect as if—

(a)

(a) in relation to a vehicle to which this Regulation applies registered in Northern Ireland, sections 6, 12, 18 and 22 of the Act of 1981 were omitted; and

(b)

(b) in relation to a vehicle to which this Regulation applies registered in Great Britain or in Northern Ireland, for section 30 of the Act of 1981 there were substituted the following section:—

S-30

30.—(1) No person shall cause or permit a public service vehicle to be used on a road for the international carriage of passengers unless there is in force in relation to the use of the vehicle, and is carried on the vehicle, an international passenger transport authorisation.

(2) A certifying officer or a public service vehicle examiner may at any time, on production if so required of his authority, require the operator or the driver of any such vehicle as is referred to in subsection (1) above, to produce and to permit him to inspect and copy an international passenger transport authorisation relating to the use of the vehicle, and for that purpose may require the vehicle to be stopped and may detain the vehicle for such time as is requisite for the purpose of inspecting and copying the authorisation.

(3) A person who—

(a)

(a) without reasonable excuse contravenes subsection (1) of this section, or

(b)

(b) without reasonable excuse fails to comply with a requirement of a certifying officer or public service vehicle examiner, or wilfully obstructs such officer or examiner, in the exercise of his powers under subsection (2) of this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (within the meaning of section 75 of the Criminal Justice Act 19825,

(4) In this section means ”.

S-6 Occasional services by vehicles registered in the United Kingdom (whether ASOR or Community regulated or not)

Occasional services by vehicles registered in the United Kingdom (whether ASOR or Community regulated or not)

6.—(1) This Regulation applies to a vehicle registered in the United Kingdom which is being used for the international carriage of passengers by road—

(a)

(a) in so far as the vehicle is used to provide a service for the carriage of passengers which is Community regulated and is such as is mentioned—

(i) in paragraph 1(a) of Article 3 of Council Regulation No. 117/66 (that is to say, an occasional service described in that paragraph as a closed-door tour), or

(ii) in paragraph 1(b) of the said Article 3 (that is to say, an occasional service described in that paragraph where the passengers are carried on the outward journey and the return journey is made unladen), or

(iii) in paragraph 1(c) of the said Article 3 (that is to say, an occasional service, as mentioned in that paragraph, of any other description); or

(b)

(b) in so far as the vehicle is used to provide a service for the carriage of passengers which is ASOR regulated; or

(c)

(c) in so far as the vehicle is used as a public service vehicle for the carriage of passengers which is not ASOR regulated or Community regulated but is a service of a description such as is mentioned in any of the paragraphs of Article 3 of Council Regulation No. 117/66.

(2) The provision of the Act of 1981 shall have effect as if—

(a)

(a) in relation to a vehicle to which this Regulation applies registered in Northern Ireland, sections 6, 12, 18 and 22 of the Act of 1981 were omitted; and

(b)

(b) in relation to a vehicle to which this Regulation applies registered in Great Britain or in Northern Ireland, for section...

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