The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

• Citation: S.I. 2022/293
• Sections: 135

Section 1 Citation

These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022.

Section 2 Commencement

(1) These Regulations, except the regulations referred to in paragraph (2), come into force on the day after the day on which these Regulations are made.

(2) Regulations 13 , 24, 53 , 74 , 104 and 105 come into force at 11.00 p.m. on 20th May 2022.

Section 3 Extent

(1) Parts 1 to 4 and regulations 17(b) and 19(2) extend to England and Wales, Scotland and Northern Ireland.

(2) Parts 5 to 9, except regulations 17(b) and 19(2) , extend to England and Wales and Scotland.

(3) Parts 10 to 14 extend to Northern Ireland.

Section 4 Amendment of Regulation (EC) No 1071/2009

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC is amended in accordance with regulations 5 to 11 .

Section 5 Amendment of Article 1 (subject matter and scope)

After Article 1(4) insert—

(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.

Section 6 Amendment of Article 2 (definitions)

(1) In Article 2, after the words before paragraph 1 insert—

(A1) ‘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 ;

(2) In Article 2(10), for the full-stop substitute a semi-colon.

(3) After Article 2(10) insert—

(11) ‘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.

Section 7 Amendment of Article 4 (transport manager)

(1) For Article 4(1)(a) and (b) substitute—

(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.

(2) Omit Article 4(1)(c), (2) and (3).

Section 8 Amendment of Article 5 (conditions relating to the requirement of establishment)

(1) The existing text of Article 5 is renumbered as paragraph 1.

(2) In Article 5(1), in the words before point (a), after “undertaking” insert “that engages in the occupation of road passenger transport operator” .

(3) After Article 5(1)(c) insert—

(2) In order to satisfy the requirement laid down in Article 3(1)(a), an undertaking that engages in the occupation of road haulage operator must satisfy the requirements set out in:

(a) if the undertaking is established in Great Britain, paragraph A1 of Schedule 3 to the 1995 Act; or

(b) if the undertaking is established in Northern Ireland, any regulations made for the purposes of section 12A(2)(a) of the 2010 Act.

Section 9 Amendment of Article 7 (conditions relating to the requirement of financial standing)

(1) In Article 7(1), in the first sub-paragraph, after “an undertaking” insert “that engages in the occupation of road passenger transport operator” .

(2) After Article 7(3) insert—

(4) In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking that engages in the occupation of road haulage operator must satisfy the requirements set out in:

(a) if the undertaking is established in Great Britain, paragraph 6A of Schedule 3 to the 1995 Act; or

(b) if the undertaking is established in Northern Ireland, any regulations made for the purposes of section 12A(2)(c) of the 2010 Act.

Section 10 Amendment of Article 8 (conditions relating to the requirement of professional competence)

After Article 8(8) insert—

(8A) A certificate issued to a person under paragraph 8 is not valid for the duration of any order disqualifying the person from acting as a transport manager under:

(a) paragraph 16(2) of Schedule 3 to the 1995 Act; or

(b) regulation 15(2) of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 .

Section 11 Amendment of Article 11 (examination and registration of applications)

After Article 11(5) insert—

(6) The obligation imposed by paragraph 5 on such an undertaking constitutes a condition attached to a qualifying licence for the purposes of:

(a) if the undertaking is established in Great Britain, section 26(1)(b) of the 1995 Act; or

(b) if the undertaking is established in Northern Ireland, section 23(1)(b) of the 2010 Act.

Section 12 Amendment of Regulation (EC) No 1072/2009

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 amended in accordance with regulations 13 and 14 .

Section 13 Amendment of Article 1 (scope)

In Article 1(5)(c), for “3,5” substitute “2.5” .

Section 14 Amendment of Article 8 (general principle)

In Article 8(1), for “a driver attestation” substitute “an EU driver attestation” .

Section 15 Amendment of the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019

The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 are amended in accordance with regulation 16 .

Section 16 Amendment of regulation 1 (citation, commencement and extent)

In regulation 1(3), for “7” substitute “10” .

Section 17 Amendment of the Road Transport Operator Regulations 2011

The Road Transport Operator Regulations 2011 are amended in accordance with—

(a) regulations 18 , 19(1) , 20 , 21 and 22 ; and

(b) regulation 19(2) .

Section 18 Amendment of regulation 1 (citation, commencement and extent)

Omit regulation 1(2).

Section 19 Omission of regulation 4 (competent authorities etc.)

(1) Omit regulation 4(1), (3) and (4).

(2) Omit regulation 4(2).

Section 20 Amendment of regulation 5 (authorisations to pursue or engage in the occupation of road transport operator)

Omit regulation 5(2).

Section 21 Amendment of regulation 6 (notification of changes to data)

(1) Omit regulation 6(1).

(2) In regulation 6(2)—

(a) in the words before sub-paragraph (a), for “that Article” substitute “Article 11(5) of Regulation 1071/2009” ;

(b) omit sub-paragraph (b) and the “and” before it.

Section 22 Amendment of regulation 9 (review)

Omit regulation 9(2).

Section 23 Amendment of the Goods Vehicles (Licensing of Operators) Act 1995

The Goods Vehicles (Licensing of Operators) Act 1995 is amended in accordance with regulations 24 to 56 .

Section 24 Amendment of section 2 (obligation to hold operator’s licence)

In section 2(1B) , after “1A” insert “or 1B” .

Section 25 Amendment of section 3A (temporary exemptions for international operators)

(1) In section 3A(6) , for “is not established in the United Kingdom” substitute “has an effective and stable establishment in a country or territory other than the United Kingdom that is comparable to an effective and stable establishment in Great Britain (as determined in accordance with paragraph A1 of Schedule 3)” .

(2) Omit section 3A(7).

Section 26 Amendment of section 5 (vehicles authorised to be used under operator’s licence)

In section 5(4), after “use of any” insert “heavy goods” .

Section 27 Amendment of section 7 (operating centres to be specified in operators’ licences)

(1) In the heading to section 7, for “operators’” substitute “heavy goods vehicle” .

(2) In section 7(1)—

(a) after “centre for” insert “heavy goods” ; and

(b) for “an operator’s” substitute “a heavy goods vehicle” .

(3) In section 7(3)—

(a) after “relation to any” insert “heavy goods” ;

(b) for “an operator’s” substitute “a heavy goods vehicle” ; and

(c) after “centre for” insert “heavy goods” .

Section 28 Amendment of section 8 (applications for operators’ licences)

(1) In section 8, for subsection (1) substitute—

(1) A person who requires an operator’s licence must apply to a traffic commissioner.

(2) After section 8(1) insert—

(1A) A separate application must be made in relation to each traffic area in which there is—

(a) if the application is for a heavy goods vehicle licence, a place to be specified in the licence as an operating centre for the purposes of sections 7(1) and 13C(5); or

(b) if the application is for a light goods vehicle licence, located premises of the kind described in paragraph A1(2)(a) of Schedule 3.

(3) In section 8(3)(b), before “containing” insert “in the case of an application for a heavy goods vehicle licence,” .

Section 29 Amendment of section 11 (publication in locality affected of notice of application for licence)

(1) In the heading to section 11, after “for” insert “heavy goods vehicle” .

(2) In section 11(1), for “an operator’s” substitute “a heavy goods vehicle” .

(3) In section 11(2), after “an application” insert “for a heavy goods vehicle licence” .

(4) In section 11(3), in the words before paragraph (a), after “an application” insert “for a heavy goods vehicle licence” .

(5) In section 11(4), for “an operator’s” substitute “a heavy goods vehicle” .

Section 30 Amendment of section 12 (objections to and representations against, issue of operators’ licences)

(1) In section 12(1)(b), before “that” insert “in the case of a heavy goods vehicle licence,” .

(2) In section 12(4), for “an operator’s” substitute “a heavy goods vehicle” .

Section 31 Amendment of section 13 (determination of applications for operators’ licences)

In section 13(3), for “sections 11 (publication of application) and” substitute “section 11 (publication of application), if applicable, and section” .

Section 32 Amendment of section 13A (requirements for standard licences)

(1) In section 13A(2) —

(a) in paragraph (a), for “Article 5 of the 2009 Regulation” substitute “paragraph A1 of Schedule 3” ;

(b) at the end of paragraph (b) insert “and” ;

(c) in paragraph (c), for “Article 7 of the 2009 Regulation) and” substitute “paragraph 6A of Schedule 3).” ; and

(d) omit paragraph (d).

(2) In section 13A(3)—

(a) in the words before paragraph (a), omit “has designated a transport manager in accordance with Article 4 of the 2009 Regulation who”;

(b) for paragraphs (a) and (b) substitute—

(a) is an individual who—

(i) is professionally competent (as determined in accordance with paragraph 13 of Schedule 3), and

(ii) has designated a suitable number of individuals (which may include the applicant) who satisfy the requirements set out in paragraph 14A(1) and (2) of Schedule 3, or

(b) if the applicant is not an individual, or is an individual who is not professionally competent, has designated a suitable number of individuals who satisfy the requirements set out in paragraph 14A(1) and (3) of Schedule 3.

(c) omit paragraph (c).

(3) After section 13A(3) insert—

(4) For the purposes of subsection (3)(a)(ii) and (b), a number of designated individuals is suitable if the traffic commissioner is satisfied it is proportionate to the maximum numbers of motor vehicles and trailers that may be used by the applicant in accordance with section 6 if the standard licence is issued.

(5) In this Act, “ transport manager ” means an individual designated under subsection (3)(a)(ii) or (b).

Section 33 Amendment of section 13C (requirements for standard and restricted licences)

(1) In section 13C(1) , for “to which subsections (2) to (6) will apply.” substitute—

to which—

(a) in the case of a light goods vehicle licence, subsections (2) to (4) will apply, or

(b) in the case of a heavy goods vehicle licence, subsections (2) to (6) will apply.

(2) In section 13C(5), for “The licence” substitute “A heavy goods vehicle licence” .

(3) In section 13C(6), after “for all the” insert “heavy goods” .

(4) In section 13C(7), for “to (6)” substitute “to (4), or (2) to (6),” .

(5) In section 13C(8), after “relation to a” insert “heavy goods vehicle” .

(6) In section 13C(9)—

(a) in the words before paragraph (a), after “relation to a” insert “heavy goods vehicle” ;

(b) in paragraph (a), for “operators’” substitute “heavy goods vehicle” ; and

(c) in paragraph (b), after “keeping” insert “heavy goods” .

Section 34 Amendment of section 14 (determinations where objections etc are made on environmental grounds)

(1) In section 14(1), in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” .

(2) In section 14(2)(a), after “parking of” insert “heavy goods” .

(3) In section 14(3)—

(a) in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” ;

(b) in paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” ; and

(c) in the words after paragraph (b)—

(i) after “centre for” insert “heavy goods” ; and

(ii) for “operator’s” substitute “heavy goods vehicle” .

(4) In section 14(4), for “an operator’s” substitute “a heavy goods vehicle” .

(5) In section 14(5)—

(a) in the words before paragraph (a), for “an operator’s”, in both places it occurs, substitute “a heavy goods vehicle” ;

(b) in paragraph (a), for “operator’s” substitute “heavy goods vehicle” ; and

(c) in paragraph (c)(i), for “an operator’s” substitute “a heavy goods vehicle” .

(6) In section 14(6), in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” .

Section 35 Amendment of section 15 (issue of operators’ licences)

In section 15(3)(f), before “fewer places” insert “in the case of a heavy goods vehicle licence,” .

Section 36 Amendment of section 17 (variation of operators’ licences)

(1) In section 17(1)(g), before “that a new place” insert “in the case of a heavy goods vehicle licence,” .

(2) In section 17(4)(c), after “specified in a” insert “heavy goods vehicle” .

Section 37 Amendment of section 18 (publication of notice of applications for variation in any locality affected)

(1) In the heading to section 18, after “variation” insert “of heavy goods vehicle licences” .

(2) In section 18(1), for “an operator’s” substitute “a heavy goods vehicle” .

(3) In section 18(2)—

(a) in paragraph (a), after “number” insert “of heavy goods vehicles” ; and

(b) in paragraph (b), after “(e)” insert “that has the effect of authorising the use of a heavy goods vehicle under a licence” .

(4) In section 18(5)—

(a) in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” ; and

(b) in paragraph (b)(i), in both places it occurs, after “number of” insert “heavy goods” .

Section 38 Amendment of section 19 (objection to and refusal of, applications to vary operators’ licences on environmental grounds)

(1) In the heading to section 19, for “operators’” substitute “heavy goods vehicle” .

(2) In section 19(1), for “an operator’s” substitute “a heavy goods vehicle” .

(3) In section 19(3)(a), in both places it occurs, after “number of” insert “heavy goods” .

(4) In section 19(6)(a), after “parking of” insert “heavy goods” .

(5) In section 19(7)—

(a) in paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” ; and

(b) in the words after paragraph (b)(ii), for “any operator’s” substitute “a heavy goods vehicle” .

(6) In section 19(8), for “an operator’s” substitute “a heavy goods vehicle” .

(7) In section 19(9)—

(a) in the words before paragraph (a), in both places it occurs, for “an operator’s” substitute “a heavy goods vehicle” ;

(b) in paragraph (a), for “operator’s” substitute “heavy goods vehicle” ; and

(c) in paragraph (c)(i), for “an operator’s” substitute “a heavy goods vehicle” .

Section 39 Amendment of section 21 (conditions for securing road safety)

(1) In the heading to section 21, after “Conditions” insert “attached to heavy goods vehicle licences” .

(2) In section 21(1)—

(a) in the words before paragraph (a)—

(i) for “an operator’s” substitute “a heavy goods vehicle” ; and

(ii) after “for preventing” insert “heavy goods” ;

(b) in paragraph (a), after “point where” insert “heavy goods” ; and

(c) in paragraph (b), after “along which” insert “heavy goods” .

(3) In section 21(2), for “an operator’s” substitute “a heavy goods vehicle” .

(4) In section 21(3)(a) and (b), for “an operator’s” substitute “a heavy goods vehicle” .

Section 40 Amendment of section 22 (conditions as to matters required to be notified to traffic commissioner)

(1) In the heading to section 22, after “Conditions” insert “attached to operators’ licences” .

(2) In section 22(2)—

(a) in paragraph (a), for “13A(2)” substitute “13A” ; and

(b) in paragraph (b)—

(i) after “manager of” insert “one or more of” ; and

(ii) for “mentioned in section 13A(3)” substitute “set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3” .

Section 41 Amendment of section 23 (conditions as to use of operating centres)

(1) In the heading to section 23, after “Conditions” insert “attached to heavy goods vehicle licences” .

(2) In section 23(1), for “an operator’s” substitute “a heavy goods vehicle” .

(3) In section 23(2)—

(a) in paragraph (a), for “motor vehicles or trailers” substitute “heavy goods vehicles” ; and

(b) in paragraph (b), after “provided” insert “for heavy goods vehicles” .

(4) In section 23(3), for “an operator’s” substitute “a heavy goods vehicle” .

(5) In section 23(4)(a) and (b), for “an operator’s” substitute “a heavy goods vehicle” .

Section 42 Amendment of section 26 (revocation, suspension and curtailment of operators’ licences)

(1) In section 26(1)(a)—

(a) before “that” insert “in the case of a heavy goods vehicle licence,” ; and

(b) after “centre for” insert “heavy goods” .

(2) In section 26(11)(d), before “that” insert “in the case of a heavy goods vehicle licence,” .

Section 43 Amendment of section 27 (revocation of standard licences)

(1) In section 27(1)—

(a) in paragraph (a)—

(i) after “satisfies” insert “one or more of” ; and

(ii) for “13A(2)” substitute “13A” ; and

(b) in paragraph (b)—

(i) for “in accordance with Article 4 of the 2009 Regulation” substitute “by the licence-holder” ;

(ii) after “satisfies” insert “one or more of” ; and

(iii) for “of section 13A(3)” substitute “set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3” .

(2) In section 27(3A) , omit “, in accordance with Article 13.1 of the 2009 Regulation,”.

(3) After section 27(3A) insert—

(3AA) The time limit set under subsection (3A) may not exceed, beginning with the day after the date of the notice—

(a) 6 months, or

(b) 9 months if the licence-holder ceases to have a suitable number of individuals designated under section 13A(3)(a)(ii) or (b) because—

(i) a transport manager is physically incapacitated or deceased, and

(ii) more than 6 months is required to recruit a replacement transport manager.

Section 44 Amendment of section 30 (periods of review for operating centres)

(1) In section 30(1), for “an operator’s” substitute “a heavy goods vehicle” .

(2) In section 30(2), in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” .

Section 45 Amendment of section 31 (power to remove operating centres on review)

(1) In section 31(1), in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” .

(2) In section 31(2), after “parking of” insert “heavy goods” .

(3) In section 31(3), in the words after paragraph (b)—

(a) after “centre for” insert “heavy goods” ; and

(b) for “operator’s” substitute “heavy goods vehicle” .

Section 46 Amendment of section 32 (power to attach conditions on review)

(1) In section 32(1), in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” .

(2) In section 32(4)—

(a) in the words before paragraph (a), for “an operator’s” substitute “a heavy goods vehicle” ;

(b) in paragraph (a), after “that any” insert “heavy goods” ;

(c) in paragraph (b), after “maximum number” insert “of heavy goods vehicles” ; and

(d) in paragraphs (c) and (d), after “that a provision” insert “relating to heavy goods vehicles” .

(3) In section 32(5), for “an operator’s” substitute “a heavy goods vehicle” .

Section 47 Amendment of section 33 (transfer of operating centres)

In section 33—

(a) for “operators’” substitute “heavy goods vehicle” ; and

(b) for “an operator’s” substitute “a heavy goods vehicle” .

Section 48 Amendment of section 34 (determinations as to environmental matters)

(1) In section 34(2)(a), (b) in both places it occurs and (c), for “an operator’s” substitute “a heavy goods vehicle” .

(2) In section 34(3)(a), for “an operator’s” substitute “a heavy goods vehicle” .

(3) In section 34(5)(a), for “an operator’s” substitute “a heavy goods vehicle” .

Section 49 Amendment of section 46 (holding companies and subsidiaries)

In section 46(3)(b), omit “, “road transport undertaking””.

Section 50 Amendment of section 49 (certificates of qualification)

(1) In section 49(1)—

(a) in the words before paragraph (a)—

(i) for “a road transport” substitute “an” ;

(ii) after “undertaking” insert “established” ; and

(iii) for “other than the United Kingdom” substitute “that involves the use of goods vehicles” ; and

(b) in the words after paragraph (c)—

(i) omit “other”; and

(ii) for “road transport undertakings” substitute “such an undertaking established” .

(2) In section 49(2), omit paragraph (b) together with the “and” before it.

(3) In section 49(5), omit the words after paragraph (b).