International Road Transport Permits (EU Exit) Regulations 2018 — House of Lords, 2018-11-06
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): My Lords, these draft instruments were laid on 13 September and 9 October following extensive industry engagement and consultation throughout this year. Together, they implement the majority of the proposals outlined during the passage of the Haulage Permits and Trailer Registration Act. The road haulage sector plays an integral role in keeping our economy moving and enabling businesses throughout the UK to trade with our international partners in the EU and beyond. In 2017, the UK haulage sector moved over 7.8 million tonnes of goods internationally. This is a crucial industry to the wider economy and the Government have been focused on putting in place the necessary arrangements for after we leave the EU in March 2019 The International Road Transport Permits (EU Exit) Regulations 2018 will establish the framework and systems for the effective administration of a permit system. When the regulations come into effect, this regime will cater for our existing permit arrangements with non-EU countries and ECMT permits. From exit day, in the absence of a deal, it will cater for existing permit arrangements with EU member states, which are currently covered by EU law. The system will also be the basis for any future permitting arrangement which may arise from our negotiations with the EU. In those negotiations we are seeking reciprocal arrangements on road haulage. The current arrangements work well for both the haulage sector in the UK and hauliers in continental Europe. Our intention is to seek mutual recognition of international operating licences and access arrangements which do not restrict the current levels of trade However, the Government must prepare for all possible outcomes of our negotiations, including the prospect of no deal. As outlined in the technical notice on road haulage published earlier this year, in the event of no deal, hauliers will be able to use ECMT permits. In addition, we will seek to use existing bilateral agreements concluded prior to one or other of the parties joining the EU. There are 20 such agreements with EU countries which the Government expect to be reinstated once EU law ceases to apply, some of which require permits and others which do not. Where there is no existing bilateral agreement we will aim to conclude new arrangements with that country. Some existing agreements may need to be updated but we expect to have these arrangements, if required, in place to allow international road haulage to continue after exit day These regulations as they stand implement a permit scheme as it would operate on exit day if no new agreements were reached with the EU or member states. This will enable some continuity of road transport services in the event of no deal. Where new agreements are reached with the EU or individual member states that would require permits, we will amend these regulations to reflect the terms of these agreements. The regulations place a prohibition on undertaking international journeys without a permit where an international agreement requires one. It is important to note that these regulations by no means require the implementation of a permit regime with the EU or for any other international journeys. Rather, should an international agreement require that a permit is held by the operator and carried on the vehicle in question, these regulations allow that permit to be issued. Journeys that do not require permits are not within the scope of these regulations The regulations provide for how to make an application and how the Secretary of State will determine which applicants are allocated a permit where the number of permits available is limited. They set out matters that the Secretary of State must take into account when making a determination, and that are designed to deliver the greatest economic benefit from the permits, protect the interests of UK hauliers and apply a fair and consistent allocation process. This focuses primarily on how frequently a permit will be used and the proportion of an operator’s haulage that is international. The regulations provide some discretion in these criteria so that there is sufficient flexibility to respond to changing demands and ensure that permits are allocated fairly. They also require the Secretary of State to provide guidance on the process to ensure this it is transparent for applicants. This has now been published. The circumstances in which a permit may be cancelled and the process for appealing the cancellation of a permit are also covered The permit system will be operated by the Driver & Vehicle Standards Agency, building on the existing vehicle operator licensing system which operators will already be familiar with. The system will launch on 26 November to take applications for the ECMT multilateral annual permits, with permits subsequently being issued well ahead of exit day. There will be an application window for these permits and a fee of £10 will be applicable for each permit requested. Successful applicants will be required to pay a £123 fee ahead of the permit being issued. These fee levels mean there is no change in the cost of obtaining an ECMT permit.