Citation and commencement

1.  These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2013 and come into force on 15th August 2013.

Amendment of Regulations

2.-(1) The Goods Vehicles (Licensing of Operators) Regulations 1995(2) are amended as follows.

(2) In Part 1 of Schedule 3, after paragraph 23 insert-

"23A.-(1) A vehicle which is being used in Great Britain to carry out a cabotage operation-

(a)which consists of national carriage for hire or reward by a haulier who is a holder of a Community licence and whose driver, if a national of a country which is not a member State, holds a driver attestation;

(b)where the vehicle is being used only for the carriage of vehicles in categories M₁ and N₁, as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(3); and

(c)the vehicle is being used at any time during a period beginning with-

(i)22nd February and ending with 31st March; or

(ii)25th August and ending with 30th September.

(2) In this paragraph "Community licence" and "driver attestation" have the same meanings as in 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.""

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Part 1 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995. Schedule 3 specifies classes of vehicles the use of which is exempted from the requirement to hold an operator's licence under the Goods Vehicles (Licensing of Operators) Act 1995.

Regulation 2(2) inserts an exemption for vehicles used in Great Britain for the specific type of cabotage operation when engaged in the carriage of motor vehicles of types M₁ (motor vehicles designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the driver's seat) and N₁ (motor vehicles designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes) as they are categorised under the applicable European framework type approval directive for motor vehicles. The exemption is limited to carriage only during specified times in the year, between 22nd February and 31st March and between 25th August and 30th September. The exemption is in addition to that available under paragraph 23 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 for cabotage operation in accordance with 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. The obligations on the haulier are substantially the same except that during the prescribed periods, and where the vehicle is being employed for the specified use, the haulier is not subject to a time limit on the number of cabotage operations or unloadings that may be conducted.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside the instrument on www. legislation.gov.uk.