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The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 51 Cited in Amendments 11 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/708
Year2019
(1) These Regulations may be cited as the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.(2) Except as provided for in paragraphs (3) and (4) these Regulations extend to the United Kingdom.(3) Regulations 2, 4, 5, and F110 extend to Great Britain.(4) Regulations 3, 6, 7, 8 and 12 extend to Northern Ireland.(1) The Goods Vehicles (Licensing of Operators) Act 1995omit subsection (2) (b) ;after subsection (2) insert—
  • (2A) A class of vehicles that may be specified in regulations under subsection (2) (d) includes goods vehicles used for international carriage by a haulier established in a member State.
; andA class of vehicles that may be specified in regulations under subsection (2) (d) includes goods vehicles used for international carriage by a haulier established in a member State.in subsection (3) in paragraph (a) , at the end insert “or”;in paragraph (b) , for “or” substitute “and”; andomit paragraph (c) .(1) The Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010omit subsection (2) (b) ;after subsection (2) , insert—
  • (2A) A class of vehicles that may be specified in regulations under subsection (2) (d) includes goods vehicles used for international carriage by a haulier established in a member State.
;A class of vehicles that may be specified in regulations under subsection (2) (d) includes goods vehicles used for international carriage by a haulier established in a member State.in subsection (4) , for “(2) (b) and (c) ” substitute “(2) (c) and (2A) ”.in the words before paragraph (a) , omit “other than the United Kingdom”;in the words after paragraph (c) , omit “other”.(4) In section 58(1) , in the definition of “road transport undertaking”, omit “other than the United Kingdom”.(1) The Goods Vehicles (Licensing of Operators) Regulations 1995after paragraph 22, insert—
    (22A) A goods vehicle used for international haulage by a haulier established in a member State who holds a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time.
;A goods vehicle used for international haulage by a haulier established in a member State who holds a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time.in paragraph 23A(1) (a) and (2) (1) The Goods Vehicles (Community Licences) Regulations 2011in the definition of “Community licence”, for “1072/2009” substitute “(EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time”;after the definition of “driver attestation”, insert—
    • “EU driver attestation” means a driver attestation issued under Article 5 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time;
    • “exit day” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018;
;after the definition of “standard operator’s licence”, insert— .(3) In regulation 4, after “Community licence” insert “etc.”.(4) In regulation 5(1) (a) , for “Community licence” substitute “UK licence for the Community”.in the heading and in paragraph (1) for “Community licence” substitute “UK licence for the Community”;for paragraph (2) , substitute—
  • (2) On and after exit day a Community licence issued by a competent authority referred to in regulation 5 is treated as a UK licence for the Community.
;On and after exit day a Community licence issued by a competent authority referred to in regulation 5 is treated as a UK licence for the Community.for paragraph (3) , substitute—
  • (3) Subject to regulation 12(1) (supply of information) , the holder of a UK licence for the Community is entitled to be issued with a driver attestation if the holder complies with the requirements of Article 5(1A) of Regulation 1072/2009.
  • (4) On and after exit day any driver attestation issued by the Secretary of State under the provisions of Article 5(1) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market is treated as a driver attestation for the purposes of Article 5(1A) of Regulation (EC) No 1072/2009.
.Subject to regulation 12(1) (supply of information) , the holder of a UK licence for the Community is entitled to be issued with a driver attestation if the holder complies with the requirements of Article 5(1A) of Regulation 1072/2009.On and after exit day any driver attestation issued by the Secretary of State under the provisions of Article 5(1) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market is treated as a driver attestation for the purposes of Article 5(1A) of Regulation (EC) No 1072/2009.in the heading, for “Community licence” substitute “UK licence for the Community”;for each occurrence of “Community licence” substitute “UK licence for the Community”; andafter “Great Britain of” omit “Community”;in paragraph (2) , for “Community licence” substitute “UK licence for the Community” and for “competent authority” substitute “Secretary of State”.(7) In regulation 8, for each occurrence of “Community licence” substitute “UK licence for the Community”.for each occurrence of “Community licence” substitute “UK licence for the Community”;for each occurrence of “competent authority” and “authority” substitute “relevant authority”; andafter paragraph (3) , insert—
  • (4) In this regulation “relevant authority” means—
  • (a) the competent authority in relation to a UK licence for the community;
  • (b) the Secretary of State in relation to any driver attestation.
the competent authority in relation to a UK licence for the community;the Secretary of State in relation to any driver attestation.(9) In regulation 13(1) , before “Community licence” insert “UK licence for the Community or a”.(10) In regulation 14, in the heading and in paragraph (1) , for “Community licence” substitute “UK licence for the Community”.(1) The Goods Vehicles (Licensing of Operators) (Exemption) Regulations (Northern Ireland) 2012after paragraph 22, insert—
    (22A) A goods vehicle used for international haulage by a haulier established in a member State who holds a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time.
;A goods vehicle used for international haulage by a haulier established in a member State who holds a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time.for 23, substitute—
    (23) A vehicle which is being used to carry out a cabotage operation consisting of national carriage...
A vehicle which is being used to carry out a cabotage operation consisting of national carriage

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