
CHAPTER I
Article 1 

1. This Regulation applies to the international carriage of goods by road for hire or reward for journeys partly carried out within the United Kingdom.
2. In the event of carriage from the United Kingdom to a Member State or to a third country and vice versa, this Regulation applies to any part of the journey within the territory of the United Kingdom.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. This Regulation shall apply to the national carriage of goods by road undertaken on a temporary basis by a non-resident haulier as provided for in Chapter III.
5. The following types of carriage and unladen journeys made in conjunction with such carriage shall not require a  UK licence for the Community or a Community licence and shall be exempt from any carriage authorisation:
(a) carriage of mail as a universal service;
(b) carriage of vehicles which have suffered damage or breakdown;
(c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed  2.5  tonnes;
(d) carriage of goods in motor vehicles provided the following conditions are fulfilled:
((i)) the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;
((ii)) the purpose of the journey is to carry the goods to or from the undertaking or to move them, either inside or outside the undertaking for its own requirements;
((iii)) motor vehicles used for such carriage are driven by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;
((iv)) the vehicles carrying the goods are owned by the undertaking, have been bought by it on deferred terms or have been hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road; and
((v)) such carriage is no more than ancillary to the overall activities of the undertaking;
(e) carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.
Point (d)(iv) of the first subparagraph shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used.
6. The provisions of paragraph 5 shall not affect the conditions under which a  UK nationals may  engage in the activities referred to in that paragraph.
Article 2 
For the purposes of this Regulation:
1.. ‘vehicle’ means a motor vehicle registered in the United Kingdom or  a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in the United Kingdom or  a Member State, used exclusively for the carriage of goods;
2.. ‘international carriage’ means:

((a)) a laden journey undertaken by a vehicle where the point of departure is in the United Kingdom and the point of arrival is in a Member State, or vice versa, with or without transit through the United Kingdom or one or more Member States or third countries;
((b)) a laden journey undertaken by a vehicle  , whose operator is established in the United Kingdom, from the United Kingdom to a third country or vice versa with or without transit through the United Kingdom or one or more Member States or third countries;
((c)) a laden journey undertaken by a vehicle where the point of departure is a Member State and the point of arrival is a third country, or vice versa, with transit through the United Kingdom;
((d)) a laden journey undertaken by a vehicle between third countries, with transit through the United Kingdom;
((e)) a laden journey undertaken by a vehicle between two Member States, with transit through the United Kingdom;...
((f)) an unladen journey in conjunction with the carriage referred to in points (a) to (e); or
                        
((g)) a laden journey undertaken by a vehicle from the United Kingdom between two Member States which follows a journey referred to in point (a).
3.. ‘host State’ means a State, including the United Kingdom or a Member State, in which the haulier operates other than the haulier’s State of establishment;
4.. ‘non-resident haulier’ means a road haulage undertaking which operates in a host ... State;
5.. ‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;
6.. ‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host ... State, in conformity with this Regulation;
7.. ‘serious infringement of   assimilated  law’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No 1071/2009 and/or to the temporary or permanent withdrawal of a  UK licence for the Community or a Community licence.
8.. ‘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 as it applies in EU law as amended from time to time;
9.. ‘the Northern Ireland department’ means the Department for Infrastructure;
10.. ‘competent authority’ means in Great Britain, a traffic commissioner, and in Northern Ireland, the Northern Ireland department;
11.. ‘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;
12.. ‘Minister’ means—
((a)) in relation to England, Scotland or Wales, the Secretary of State;
((b)) in relation to Northern Ireland, the Northern Ireland department;
13.. ‘traffic commissioner’ has the same meaning as in the Public Passenger Vehicles Act 1981;
14.. ‘Regulation (EC) No 1071/2009’ means 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.
CHAPTER II
Article 3 
  International carriage shall be carried out subject to possession of a UK licence for the Community or a Community licence issued by a Member State and, if the driver is a national of a third country, in conjunction with a driver attestation issued in accordance with this Regulation or an EU driver attestation.
Article 4 

1. The UK licence for the Community must be issued by a competent authority in accordance with this Regulation to any haulier carrying goods by road for hire or reward who:
(a) is established in the area, region, or country within the UK for which that competent authority exercises its powers in accordance with UK legislation; and
(b) is entitled, in accordance with UK legislation concerning admission to the occupation of road haulage operator, to carry out the international carriage of goods by road.
2. A UK licence for the Community must be issued for renewable periods of up to 10 years.Community licences and certified copies issued to hauliers established in the United Kingdom under Regulation (EC) 1071/2009 and valid before the exit day will remain valid and treated as a UK licence for the Community until the date of their expiry.The Minister may by regulations adjust the period of validity of the UK licence for the Community to take account of technical progress, in particular, in the national electronic registers of road transport undertakings as provided for in Article 16 of Regulation (EC) No 1071/2009.
3. A competent authority must issue the holder with the original of the UK licence for the Community, which must be kept by the haulier, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the UK licence for the Community, whether those vehicles are wholly owned or, for example, held under a hire purchase, hire or leasing contract.
4. The  UK licence for the Community  and the certified true copies shall correspond to the model set out in Annex II, which also lays down the conditions governing its use. They shall contain at least two of the security features listed in Annex I.The Minister may by regulations adapt Annexes 1 and 2 to take account of technical progress.
5. The  UK licence for the Community  and the certified true copies thereof shall bear the seal of the  competent authority  as well as a signature and a serial number. The serial numbers of the UK licence for the Community and of the certified true copies shall be recorded in the national electronic register of road transport undertakings as part of the data relating to the haulier.
6. The  UK licence for the Community  shall be issued in the name of the haulier and shall be non-transferable. A certified true copy of the UK licence for the Community shall be kept in each of the haulier’s vehicles and shall be presented at the request of any authorised inspecting officer.In the case of a coupled combination of vehicles, the certified true copy shall accompany the motor vehicle. It shall cover the coupled combination of vehicles even where the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or where it is registered or authorised to use the roads in another State.
(7.) Regulations under this Article may—
(a) include supplementary, incidental, consequential, transitional, transitory or saving provision: and
(b) make different provision for different cases.
Article 5 

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(1A.) A driver attestation must be issued by the Minister in accordance with this Regulation to any haulier who:
(a) is the holder of a UK licence for the Community;
(b) employs a driver who is lawfully permitted to seek employment in the United Kingdom; and
(c) has employed that driver in compliance with any conditions of employment and vocational training laid down in the United Kingdom.
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(2A.) The driver attestation must be issued, at the request of the holder of the UK licence for the Community, for each driver who is not a national of the United Kingdom, a Member State or the EEA, nor a person lawfully in the United Kingdom who has a right to work in the United Kingdom whom that haulier lawfully employs, or who is put at the disposal of the haulier. Each driver attestation must certify that the driver named therein is employed in accordance with the conditions laid down in paragraph 1.
3. The driver attestation shall correspond to the model set out in Annex III. It shall contain at least two of the security features listed in Annex I.
4. The Minister may by regulation adapt Annex 3 to take account of technical progress.
5. The driver attestation shall bear the seal of the issuing authority as well as a signature and a serial number. The serial number of the driver attestation may be recorded in the national electronic register of road transport undertakings as part of the data relating to the haulier who puts it at the disposal of the driver designated therein.
6. The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a UK licence for the Community issued to that haulier. A certified true copy of the driver attestation issued under this Regulation shall be kept at the haulier’s premises. An EU driver attestation shall be presented to any authorised inspecting officer if that officer requests it.
7. The Minister must determine the period of validity of a driver attestation, subject to a maximum validity of 5 years.The driver attestation must be valid only as long as the conditions under which it was issued are satisfied. If those conditions are no longer satisfied, the Minister may require the haulier to return the driver attestation immediately.
(8.) Regulations under this Article may—
(a) include supplementary, incidental, consequential, transitional, transitory or saving provision: and
(b) make different provision for different cases.
Article 6 

1. Whenever an application for a  UK licence for the Community  or an application for renewal of a UK licence for the Community in accordance with Article 4(2) is lodged, the competent  authority  shall verify whether the haulier satisfies or continues to satisfy the conditions laid down in Article 4(1).
2. The  Minister must  regularly verify, by carrying out checks each year covering at least 20 % of the valid driver attestations issued ..., whether the conditions, referred to in Article 5(1), under which a driver attestation has been issued are still satisfied.
Article 7 

1. If the conditions laid down in Article 4(1) are not satisfied, the competent authority must reject an application for the issue or renewal of a UK licence for the Community by means of a reasoned decision in each case. If the conditions referred to in Article 5(1) are not satisfied, the Minister must reject an application to issue a driver attestation by means of a reasoned decision in each case.
2. A competent authority must withdraw a UK licence for the Community, or the Secretary of State or the Northern Ireland department must withdraw a driver attestation, where the holder:
(a) no longer satisfies the conditions laid down in Article 4(1) or those referred to in Article 5(1); or
(b) has supplied incorrect information in relation to an application for a  UK licence for the Community  or for a driver attestation.
CHAPTER III
Article 8 

1. Any haulier for hire or reward who is a holder of a Community licence and whose driver, if he is a national of a third country, holds  an EU driver attestation, shall be entitled, under the conditions laid down in this Chapter, to carry out cabotage operations within the United Kingdom.
2. Once the goods carried in the course of an incoming international carriage have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to  two cabotage operations  following the international carriage from another Member State or from a third country to the  United Kingdom. The last unloading in the course of a cabotage operation before leaving the United Kingdom shall take place within 7 days from the last unloading in the United Kingdom in the course of the incoming international carriage....
3. National road haulage services carried out in the  United Kingdom  by a non-resident haulier shall only be deemed to conform with this Regulation if the haulier can produce clear evidence of the incoming international carriage and of each consecutive cabotage operation carried out.Evidence referred to in the first subparagraph shall comprise the following details for each operation:
(a) the name, address and signature of the sender;
(b) the name, address and signature of the haulier;
(c) the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered;
(d) the place and the date of taking over of the goods and the place designated for delivery;
(e) the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description, as well as the number of packages and their special marks and numbers;
(f) the gross mass of the goods or their quantity otherwise expressed;
(g) the number plates of the motor vehicle and trailer.
4. No additional document shall be required in order to prove that the conditions laid down in this Article have been met.
5. Any haulier entitled in the Member State of establishment, in accordance with that Member State’s legislation, to carry out the road haulage operations for hire or reward specified in Article 1(5)(a), (b) and (c) shall be permitted, under the conditions set out in this Chapter, to carry out, as the case may be, cabotage operations of the same kind or cabotage operations with vehicles in the same category.
6. Permission to carry out cabotage operations, within the framework of the types of carriage referred to in Article 1(5)(d) and (e), shall be unrestricted.
Article 9 

1. The performance of cabotage operations shall be subject, save as otherwise provided in   assimilated  law, to the laws, regulations and administrative provisions in force in the  United Kingdom  with regard to the following:
(a) the conditions governing the transport contract;
(b) the weights and dimensions of road vehicles;
(c) the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals;
(d) the driving time and rest periods;
(e) the value added tax (VAT) on transport services.
The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the haulier’s Member State of establishment, but they may under no circumstances exceed the limits set by the United Kingdom.
2. The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident hauliers under the same conditions as those imposed on hauliers established in the  United Kingdom, so as to prevent any discrimination on grounds of nationality or place of establishment.
Article 10 

1. In the event of serious disturbance of the national transport market in a given geographical area due to, or aggravated by, cabotage, the Secretary of State may consider whether or not safeguard measures are necessary and may by Order provide for measures as regards operations carried on by resident or non-resident hauliers.
2. For the purposes of paragraph 1:
 ‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of hauliers,
 ‘geographical area’ means an area covering all or part of the territory of any part of the United Kingdom.
3. The Secretary of State may consider whether or not safeguard measures are necessary with a view to adopting them if they are necessary.Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation.Measures adopted in accordance with this Article shall remain in force for a period not exceeding 6 months, renewable once within the same limits of validity....
4. The Secretary of State must consult the competent authority and such other persons as the Secretary of State thinks fit before making any Order under paragraph 1.
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(5A.) Where the Secretary of State considers that the measures adopted by Order pursuant to paragraph 1 need to be prolonged beyond the period provided for in the third subparagraph of paragraph 3, the Secretary of State must publish a consultation document relating to the proposal to so extend the measures. The proposals must set out:
(a) the reasons why it is necessary to extend the measures;
(b) the forecasted economic impact of the measures on hauliers;
(c) the expected time after which the need for measures to continue must be reviewed.
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(7.) If after considering the responses to the consultation carried out in accordance with paragraph 5A, the Secretary of State decides that it is appropriate to continue the safeguard measures beyond the period provided in paragraph 3, or to institute alternative measures, the Secretary of State may by regulations continue those measures or adopt alternative measures.
(8.) The powers conferred by this Article on the Secretary of State shall be exercisable by statutory instrument except in the case of any Order made under paragraph 1 or renewed under paragraph 3.
(9.) Any regulations under this Article may—
(a) include supplementary, incidental, consequential, transitional, transitory or saving provision: and
(b) make different provision for different cases.
CHAPTER IV
Article 11 
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Article 12 

1. In the event that a competent authority is notified of a serious infringement of this Regulation, or Regulation (EC) 1072/2009 as it applies in the EU and amended from time to time, by any haulier who is established in the United Kingdom, the appropriate competent authority for that haulier must take appropriate action which may include a warning to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:
(a) temporary or permanent withdrawal of some or all of the certified true copies of the  UK licence for the Community;
(b) temporary or permanent withdrawal of the UK licence for the Community.
These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the UK licence for the Community and to the total number of certified true copies of that licence that he holds in respect of international traffic.
2. In the event that the Minister, is notified of a serious infringement regarding any misuse whatsoever of driver attestations by a haulier who is established in the UK, the Minister must impose appropriate penalties, such as:
(a) suspending the issue of driver attestations;
(b) withdrawing driver attestations;
(c) making the issue of driver attestations subject to additional conditions in order to prevent misuse;
(d) withdrawing, temporarily or permanently, some or all of the certified true copies of the  UK licence for the Community;
(e) withdrawing, temporarily or permanently, the UK licence for the Community.
These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the UK licence for the Community.
3. The  relevant UK authorities must communicate to the relevant  authorities of the Member State in which the infringement was ascertained, as soon as possible and at the latest within 6 weeks of their final decision on the matter, which, if any, of the penalties provided for in paragraphs 1 and 2 have been imposed.If such penalties are not imposed, the  relevant UK authorities must  state the reasons therefor.
4. The  relevant UK authorities must  ensure that the penalties imposed on the haulier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties, taking into account any penalty for the same infringement imposed in the Member State in which the infringement was ascertained.
5. The relevant UK authority may also bring proceedings against the haulier before a competent national court or tribunal. The relevant UK authority must inform the relevant authority of the host Member State of any decisions taken to this effect.
6. Hauliers  have the right to appeal against any administrative penalty imposed on them pursuant to this Article.
(7.) In this Article, ‘relevant UK authority’ means:
(a) a competent authority dealing with any matter for the purposes of paragraph 1;
(b) the Minister dealing with any matter for the purposes of paragraph 2.
Article 13 

1. Where the Minister is aware of a serious infringement of this Regulation or of any  assimilated direct  legislation attributable to a non-resident haulier, the Minister must transmit to the relevant authorities of the haulier’s Member State of establishment, as soon as possible and at the latest within 6 weeks of the Minister’s final decision on the matter, the following information:
(a) a description of the infringement and the date and time when it was committed;
(b) the category, type and seriousness of the infringement; and
(c) the penalties imposed and the penalties executed.
The  Minister may request the relevant  authorities of the Member State of establishment to impose administrative penalties in accordance with Article 12 of Regulation (EC) 1072/2009 as it has effect in EU law.
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Article 14 
  The Minister must ensure that serious infringements of United Kingdom or EU road transport legislation committed by hauliers established in the United Kingdom, which have led to the imposition of a penalty by the United Kingdom or any Member State, as well as any temporary or permanent withdrawal of a UK licence for the Community or of a certified true copy thereof, are recorded in the national electronic register of road transport undertakings. Entries in the register which concern a temporary or permanent withdrawal of a UK licence for the Community must remain in the database for 2 years from the time of the expiry of the period of withdrawal, in the case of temporary withdrawal, or from the date of withdrawal, in the case of permanent withdrawal.
CHAPTER V
Article 15 
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Article 15A 

(1.) Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.
(2.) Before the Secretary of State makes regulations under Article 4, Article 5 or Article 10, which apply to Great Britain, the Secretary of State must consult—
(a) the traffic commissioners for England, Scotland and Wales;
(b) such other persons as the Secretary of State considers appropriate.
(3.) Before the Secretary of State makes regulations under Article 4, Article 5 or Article 10, which apply to Northern Ireland, the Secretary of State must consult—
(a) the Northern Ireland department;
(b) such other persons as the Secretary of State considers appropriate.
(4.) A statutory instrument containing regulations under these Regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Article 15B 

(1.) Any power to make regulations conferred on the Northern Ireland department by this Regulation is exercisable by statutory rule for the purpose of the Statutory Rules (Northern Ireland) Order 1979.
(2.) Before the Northern Ireland department makes regulations under Article 4 or Article 5, the Northern Ireland department must consult such other persons as that department considers appropriate.
(3.) Regulations may not be made by the Northern Ireland department under these Regulations unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Article 16 
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Article 17 
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CHAPTER VI
Article 18 
Regulations (EEC) No 881/92 and (EEC) No 3118/93 and Directive 2006/94/EC are hereby repealed.
References to the repealed Regulations and Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.
Article 19 
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...
ANNEX I

The  UK licence for the Community Community licence and the driver attestation must have at least two of the following security features:

— a hologram,
— special fibres in the paper which become visible under UV-light,
— at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines),
— tactile characters, symbols or patterns,
— double numbering: serial number of the UK licence for the Community Community licence, of the certified copy thereof or of the driver attestation as well as, in each case, the issue number,
— a security design background with fine guilloche patterns and rainbow printing.

ANNEX 2

ANNEX 3

ANNEX IV

Regulation (EEC) No 881/92 Regulation (EEC) No 3118/93 Directive 2006/94/EC This Regulation
Article 1(1)   Article 1(1)
Article 1(2)   Article 1(2)
Article 1(3)   Article 1(3)
Annex II  Article 1(1) and (2), Annex I; Article 2 Article 1(5)
  Article 2 Article 1(6)
Article 2   Article 2
Article 3(1)   Article 3
Article 3(2)   Article 4(1)
Article 3(3)   Article 5(1)
Article 4   
Article 5(1)   Article 4(2)
Article 5(2)   Article 4(3)
Article 5(3)   Article 4(4)
   Article 4(5)
Article 5(4), Annex I   Article 4(6)
Article 5(5)   Article 4(2)
Article 6(1)   Article 5(2)
Article 6(2)   Article 5(2)
Article 6(3)   Article 5(3)
Article 6(4)   Article 5(6)
Article 6(5)   Article 5(7)
Article 7   Article 6
Article 8(1)   Article 7(1)
Article 8(2)   Article 7(2)
Article 8(3)   Article 12(1)
Article 8(4)   Article 12(2)
Article 9(1) and (2)   Article 12(6)
 Article 1(1)  Article 8(1)
 Article 1(2)  Article 8(5)
 Article 1(3) and (4)  Article 8(6)
 Article 2  
 Article 3  
 Article 4  
 Article 5  
 Article 6(1)  Article 9(1)
 Article 6(2)  
 Article 6(3)  Article 9(2)
 Article 6(4)  
 Article 7  Article 10
Article 10   Article 17(1)
Article 11(1) Article 8(1)  Article 11
Article 11(2)   Article 13(1)
Article 11(3)   Article 12(4)
Article 11a   
 Article 8(2) and (3)  Article 13(2)
 Article 8(4), first and third subparagraphs  
 Article 8(4), second subparagraph  Article 12(4)
 Article 8(4), fourth and fifth subparagraphs  Article 12(5)
 Article 9  Article 13(3)
Article 12   Article 18
Article 13   
Article 14 Article 10  
 Article 11  
Article 15 Article 12 Article 4 Article 19
  Article 3 
  Article 5 
  Annex II, III 
Annex I   Annex II
Annex III   Annex III
 Annex I  
 Annex II  
 Annex III  
 Annex IV  