Regulation (EC) No 1071/2009 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter and scope

1. This Regulation governs admission to, and the pursuit of, the occupation of road transport operator.

2. This Regulation shall apply to all undertakings established in the [F1 United Kingdom] which are engaged in the occupation of road transport operator. It shall also apply to undertakings which intend to engage in the occupation of road transport operator. References to undertakings engaged in the occupation of road transport operator shall, as appropriate, be considered to include a reference to undertakings intending to engage in such occupation.

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. By way of derogation from paragraph 2, this Regulation shall, unless otherwise provided for in national law, not apply to:

(a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3,5 tonnes. F3 ...;

(b) undertakings engaged in road passenger transport services exclusively for non-commercial purposes or which have a main occupation other than that of road passenger transport operator;

(c) undertakings engaged in the occupation of road transport operator solely by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h.

[F4 4A. For the purposes of this Regulation, a qualifying licence issued to an undertaking constitutes an authorisation to pursue or engage in the occupation of road transport operator in the capacity of road haulage operator.]

F5 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 1(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 1(3) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(4)(a) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 1(4A) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 5

F5 Art. 1(5) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation:

A1.

[F6 ‘the 1995 Act’ means the Goods Vehicles (Licensing of Operators) Act 1995;

A2.

‘the 2010 Act’ means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010;]

1.

‘the occupation of road haulage operator’ means the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles;

2.

‘the occupation of road passenger transport operator’ means the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser;

3.

‘the occupation of road transport operator’ means the occupation of road passenger transport operator or the occupation of road haulage operator;

4.

‘undertaking’ means any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality, engaged in the transport of passengers, or any natural or legal person engaged in the transport of freight with a commercial purpose;

5.

‘transport manager’ means a natural person employed by an undertaking or, if that undertaking is a natural person, that person or, where provided for, another natural person designated by that undertaking by means of a contract, who effectively and continuously manages the transport activities of that undertaking;

6.

‘authorisation to pursue the occupation of road transport operator’ means an administrative decision which authorises an undertaking which satisfies the conditions laid down in this Regulation to pursue the occupation of road transport operator;

6A.

[F7 ‘traffic commissioner’ has the same meaning as in the Public Passenger Vehicles Act 1981;

6B.

‘the Northern Ireland department’ means the Department for Infrastructure;]

7.

[F8 ‘competent authority’ means in Great Britain, a traffic commissioner, and in Northern Ireland, the Northern Ireland department;]

8.

F9 ...

9.

[F10 ‘Minister’ means—

(a)

in relation to England, Scotland or Wales, the Secretary of State;

(b)

in relation to Northern Ireland, the Northern Ireland department;

10.

‘Community licence’ means a 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[F11 ;]]

11.

[F12 ‘qualifying licence’ means a licence that is both a heavy goods vehicle licence and a standard licence;

12.

‘heavy goods vehicle licence’ and ‘standard licence’, in relation to—

(a)

an undertaking established in Great Britain, have the meanings given in section 58(1) of the 1995 Act;

(b)

an undertaking established in Northern Ireland, have the meanings given in section 58(1) of the 2010 Act.]

Textual Amendments

F6 Art. 2(A1)(A2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. A2)2022/293), regs. 2(1), 6(1)

F7 Art. 2(6A)(6B) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 2(7) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(8) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 2(9)(10) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 2(10) punctuation mark substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 6(2)

F12 Art. 2(11)(12) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 6(3)

Article 3 U.K. Requirements for engagement in the occupation of road transport operator

1. Undertakings engaged in the occupation of road transport operator shall:

(a) have an effective and stable establishment in [F13 the United Kingdom];

(b) be of good repute;

(c) have appropriate financial standing; and

(d) have the requisite professional competence.

F14 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Words in Art. 3(1)(a) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 3(2) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Transport manager

[F15 1. An undertaking which engages in the occupation of road passenger transport operator shall designate at least one natural person, the transport manager, who satisfies the requirements set out in Article 3(1)(b) and (d) and who:

(a) effectively and continuously manages the transport activities of the undertaking;

(b) has a genuine link to the undertaking, such as being an employee, director, owner or shareholder or administering it, or, if the undertaking is a natural person, is that person; and

(c) is resident in the United Kingdom or a member State.

2. If an undertaking which engages in the occupation of road passenger transport operator does not satisfy the requirement of professional competence laid down in Article 3(1)(d), the competent authority may authorise it to engage in the occupation without a transport manager designated in accordance with paragraph 1 of this Article, provided that:

(a) the undertaking designates a natural person residing in the United Kingdom or in a member State who satisfies the requirements laid down in Article 3(1)(b) and (d), and who is entitled under contract to carry out duties as transport manager on behalf of the undertaking;

(b) the contract linking the undertaking with the person specifies the tasks to be performed on an effective and continuous basis by the person, and indicates the person’s responsibilities as transport manager. The tasks to be specified shall comprise, in particular, those relating to vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures;

(c) in the person’s capacity as transport manager, the person may manage the transport activities of up to four different undertakings carried out with a combined maximum total fleet of 50 vehicles; and

(d) the person performs the specified tasks solely in the interests of the undertaking and the person’s responsibilities are exercised independently of any undertakings for which the undertaking carries out transport operations.

3. The competent authority may decide that a transport manager designated in accordance with paragraph 1 may not in addition be designated in accordance with paragraph 2, or may only be so designated in respect of a limited number of undertakings or a fleet of vehicles that is smaller than that referred to in paragraph 2(c).

3A. An undertaking which engages in the occupation of road haulage operator shall designate at least one natural person, the transport manager, who satisfies the requirements set out in Article 3(1)(b) and (d) and who:

(a) if the undertaking is established in Great Britain, satisfies the requirements set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3 to the 1995 Act; or

(b) if the undertaking is established in Northern Ireland, satisfies the requirements set out in any regulations made for the purposes of section 12A(3)(a)(ii) or (b) of the 2010 Act.]

4. The undertaking shall notify the competent authority of the transport manager or managers designated.

Textual Amendments

F15 Art. 4(1)-(3A) substituted for Art. 4(1) (1.7.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/727), regs. 1(b), 4