Joint Committee on Statutory Instruments Twelfth Report


Second Memorandum by the Department of the Environment, Transport and the Regions

ROAD TRANSPORT (PASSENGER VEHICLES CABOTAGE) REGULATIONS 1999 (S.I. 1999/3413)

  1. The Committee has requested a further memorandum on the following points:

    (1)  Is it the case that these Regulations, and, in particular regulation 10(2), have the effect of authorising the carrying out in Great Britain of any cabotage transport operation within the meaning of Article 1 of the Council Regulation? If that is not the case, explain the effect of regulation 10(2).

  2. These Regulations implement, in so far as implementation is necessary, the Council Regulation; they do not authorise, as such, the carrying out of cabotage transport operations. The effect of regulation 10 (2) is to avoid incompatibility between domestic and Community law.

    (2)  Given that cabotage transport operations authorised under Article 3 of the Council Regulation are, by virtue of Article 1, such operations carried out by a carrier operating road passenger transport services for hire or reward who holds a Community licence, explain why a valid Community licence would not be required for cabotage operations in Great Britain which are authorised under Article 3.

  3. The Council Regulation is directly applicable and has direct effect. Accordingly, a Community carrier with a valid Community licence may carry out cabotage transport operations in Great Britain under Article 3 of the Council Regulation; such a licence is not required by regulation 3 of these Regulations.

    (3)  Explain for the purposes of regulation 3, which carriers are authorised to carry out cabotage transport operations by operation of law and which are required to have a valid Community licence.

  4. As indicated in (2) above, a Community carrier with a valid Community licence may rely on Article 3 of the Council Regulation, which is directly applicable. Such carriers are authorised to carry out cabotage operations by operation of law. Regulation 3 simply makes it an offence to use a vehicle for the purpose of UK cabotage operations where those operations are carried out by a Community carrier without a valid Community licence.

    (4)  These Regulations appear to authorise the carrying out in Great Britain of any cabotage transport operation. It follows that they appear to authorise the carrying out of cabotage transport operations in the case of regular services provided otherwise than in the course of a regular international service which Article 3(3), first indent, of the Council Regulation does not require to be authorised. If that is not their effect, explain what limits, if any, they place on the scope of the cabotage transport operations they authorise. To the extent that these Regulations authorise the carrying out of cabotage transport operations, not required by virtue of Article 3 to be authorised, explain on what the Secretary of State relies to justify making them under section 2(2) of the European Communities Act 1972.

  5. These Regulations do not authorise the carrying out in Great Britain of any cabotage transport operation. Only those cabotage operations authorised by Article 3 of the Council Regulation which, as indicated above, is directly applicable may be carried out in Great Britain. These Regulations make it an offence to carry out "cabotage transport operations" (which term is intended to have the meaning assigned to it in Article 1 of the Council Regulation) without a valid Community licence; they do not authorise, as such, the carrying out of cabotage transport operations.

18th February 2000


 
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