July/August Issue 62 - Flipbook - Page 24
NEWS
3.5 TONNE WEIGHT EXEMPTION FOR INTERNATIONAL
LICENSING TO FALL
Historically, the UK has not
required operators to hold an
operator’s licence to run vehicles
domestically with a Maximum
Permitted Weight (MPW) under
3.5 tonnes, and even on an
international EU basis that This is quite a short a timeframe when
threshold currently remains the one considers the requirements
same.
to hold a UK Licence for the
Community; the core requirements
However, this situation in terms of being outlined in Annex ROAD-1,
EU vehicle operation has an end Article 3 of the TCA, namely:
date, and a date for change that • To have an effective and stable
may well lead to some new UK
establishment
legislation. According to Article • To be of good repute
ROAD.6(d) of the EU-UK Trade and • To have appropriate financial
Co-Operation Agreement (TCA),
standing, and
from 21 February 2022, goods • To have the requisite professional
vehicles with an MPW of over 2.5
competence
tonnes but below 3.5 tonnes MPW These may sound familiar! They are
will no longer be exempt from effectively the same requirements
holding a valid licence (i.e., a UK prescribed in UK domestic law
Licence for the Community) in order to hold a Standard National or
to travel to the European Union.
International Licence.
This obviously poses something of a
problem given that currently the UK
Licence for the Community appears
to be a document issued alongside
a UK Standard International
Operator’s licence, as was the case
with its predecessor, the European
Community Licence.
However, there is currently only
a requirement in the UK to hold a
Standard International Operator’s
Licence where the vehicles being
operated have an MPW of over
3.5 tonnes. This therefore raises
the question of how this new
EU licensing requirement will be
implemented given that as current
UK domestic legislation stands,
the licensing requirements for
vehicles between 2.5 to 3.5 tonnes
MPW would differ between the UK
and EU. There are approximately
12 months until this new weight
threshold comes into effect under
the TCA.
24
It seems unlikely in this short
timescale that the UK would require
all UK-based operators of vehicles
between 2.5 and 3.5 tonnes MPW
to have to apply for and obtain a
UK Operator’s Licence within the
current regime. However, the fact
that the UK agreed to this provision
being included in the TCA does
potentially indicate the direction in
which the UK Government may be
thinking of taking the UK operator’s
licensing regime.
In any event, there will need to
be some thought before the 21
February 2022 deadline into how
international van operators with
vehicles under 3.5 tonnes but over
2.5 tonnes are going to be able
to acquire a UK Licence for the
Community as prescribed under the
TCA.
procedure that allows for operators
with such vehicles to apply for the
UK Licence for the Community
without having to hold a UK Standard
International operator’s licence.
Even here though they will have to
assess the mandatory qualification
criteria (repute, financial standing,
professional competence and stable
establishment). This potential option
is not to say that the government will
not, in fact, consider simply making
it a requirement for operators of
vehicles between 2.5 and 3.5
tonnes MPW to hold a Standard
International Licence before issuing
the UK Licence for the Community
from 21 February 2022.
Having noted this deadline in the
TCA and the potential implications
that may ripple from its inclusion,
this is something that should now
remain on the haulage and van
industry’s radar.
How will the UK Government
regulate the international small
vehicle sector? What process will
those operators need to adhere to
in order to get a UK Licence for the
Community? Is the Government
taking the domestic licensing
regime in the same direction? All
of these are questions which we
shall hopefully see answered in the
coming 12 months.
If you wish to discuss this
development and/or your situation
regarding your own operator’s
licence,
please
contact
the
Regulatory Team at Backhouse
It may be that the UK Government Jones on regulatory@backhouses.
simply implement a process or co.uk or on 01254 828300.
