Transport, Haulage and Shipping

SI Title

Laid Date

Policy Area

Summary

Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018

19/07/18

Transport, Haulage and Shipping

This instrument uses powers in the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to correct deficiencies in the Airports (Groundhandling) Regulations 1997 (the 1997 Regulations) “ which implemented Directive 96/67/EC on access to the groundhandling market at Community airports “ arising as a result of the UK's exit from the European Union. Groundhandling refers to the range of services provided at airports which enable flights to take place, including baggage handling, fueling and refueling, removal of snow and ice and de-icing of an aircraft.

Airports Charges (Amendment) (EU Exit) Regulations 2018

19/07/18

Transport, Haulage and Shipping

This instrument uses powers under the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to make the necessary changes to the Airport Charges Regulations 2011 (the 2011 Regulations) which arise as a result of the UK leaving the European Union (the EU). It also uses section 2(2) of the European Communities Act 1972 (the ECA ) to update references to EU Regulations on Air Traffic Management which have been replaced, and to make a correction to regulation 33(1)(b) of the 2011 Regulations. This instrument uses powers under the Withdrawal Act to make the necessary changes to the 2011 Regulations to ensure that the law functions correctly after the UK has left the EU. These changes are necessary because it will no longer be appropriate for the Civil Aviation Authority to assess whether an airport is subject to these rules on airport charges by reference to data from the EU Commission (Eurostat). This instrument also uses section 2(2) of the ECA to update references to EU Regulations on Air Traffic Management which have been replaced, and to correct a drafting error in regulation 33(1)(b) of the 2011 Regulations.

Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018

19/07/18

Transport, Haulage and Shipping

These Regulations ensure that following the withdrawal of the United Kingdom from the European Union the existing requirements for professional drivers of lorries and buses to obtain a certificate of professional competence  will continue to operate in the UK. Currently such professional drivers, with some exceptions, must pass an initial CPC test (unless they have acquired rights), valid for five years, and undergo 35 hours of periodic training every five years.

Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018

18/09/18

Transport, Haulage and Shipping

The European Union (EU) has regulated in many areas of maritime policy and where necessary the United Kingdom has introduced legislation to give effect to such EU measures. This instrument makes a number of changes designed to ensure that relevant UK secondary legislation continues to operate effectively and does not contain provisions which are no longer required once the UK leaves the EU. The instrument also revokes a number of EU Regulations and Decisions which would no longer have any practical impact in the UK after exit. The instrument also uses powers in section 2(2) of the European Communities Act 1972 (c. 68) to correct outdated references to the European Economic Area in several pieces of secondary legislation. The updated definition will accord with the definition in the Interpretation Act 1978 (as amended).

Trailer Registration Regulations 2018

09/10/18

Transport, Haulage and Shipping

This instrument establishes a registration scheme for trailers and creates offences relating to that scheme. It provides for registration applications, the issuing of registration documents, the display of registration marks and related matters. It also prohibits the use of trailers in certain categories on journeys to or through foreign countries that have ratified the 1968 Convention on Road Traffic unless registered.

Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018

10/10/18

Transport, Haulage and Shipping

Regulation (EC) No. 1371/2007 on Rail Passengers' Rights and Obligations (the EU Regulation) contains several provisions that will not be fully effective once the EU Regulation becomes retained EU law following the United Kingdom's withdrawal from the EU. This instrument amends or deletes such provisions of the EU Regulation to allow it to operate effectively once the UK has left the European Union. It also makes consequential changes to three related sets of domestic regulations, the Rail Passengers' Rights and Obligations Regulations 2010, the Rail Passengers' Rights and Obligations (Exemption) Regulations 2014 and the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017.

Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2018

29/10/18

Transport, Haulage and Shipping

The European Union (EU) has regulated in many areas of maritime policy and, where necessary, the United Kingdom has introduced legislation to give effect to such EU measures. The European Union (Withdrawal) Act 2018 ( the Withdrawal Act) will retain such legislation in UK law. However, some changes are needed for the legislation to continue to work as intended. There are also some provisions in the legislation which the UK's departure from the EU makes redundant. This instrument deals with legislation related to market access and regulation for maritime transport services. It revokes legislation which will be redundant after the UK leaves the EU or which creates rights for the remaining member States which may not be reciprocated. The legislation that is being revoked would be retained as UK law by virtue of the Withdrawal Act if no further action was taken.

Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018

29/10/18

Transport, Haulage and Shipping

The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634) (the 2018 Regulations ) implement the EU Package Travel Directive (2015/2302) (the Directive ). The 2018 Regulations protect consumers buying package holidays or linked travel arrangements (LTAs) and impose obligations on the organisers of package holidays (organisers) and traders which facilitate LTAs (traders ): the degree of protection is greater in the case of packages. Those protections include the provision of information to travellers, so that travellers have clear information about their package holiday or LTA and their statutory rights, as well as a requirement that organisers put in place adequate insolvency protection to cover, in the event of the organiser's or trader's insolvency, the refund of payments made by or on behalf of passengers and, if necessary, their repatriation. The 2018 Regulations are being changed to make them to work effectively, for the protection of travellers, after exit. In particular the changes are made because, on EU exit, the UK, as it ceases to be a Member State to which the Directive applies, will no longer benefit from the mutual recognition provisions of the Directive. In consequence, the remaining Member States will no longer be required to recognise the insolvency protection put in place under the 2018 Regulations by UK organisers / traders (requiring them to comply, potentially, with multiple regulatory regimes) and it is also unclear whether the insolvency protection put in place by organisers / traders established in the remaining EU states will continue to protect UK travellers. As a result, the Department does not consider it appropriate to continue to recognise the insolvency protection put in place by traders established in remaining Member States.

Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018

30/10/18

Transport, Haulage and Shipping

The objective of this Statutory Instrument (SI) is to ensure that the Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009 (the 2009 Regulations) continue to work as before after European Union exit day, for example by removing redundant references to the European Commission, removing requirements which involve the European Union and are no longer appropriate, and converting the maximum amounts for HGV time-based road charges and certain limits on HGV distance-based road charges from euros into pounds.

Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2018

19/11/18

Transport, Haulage and Shipping

The European Union (Withdrawal) Act 2018 will convert the text of directly applicable EU legislation into domestic instruments. This instrument amends the retained direct EU legislation Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport, and associated domestic implementing regulations, to deal with deficiencies which would otherwise exist once the UK leaves the EU. It provides for the existing legal regime concerning bus and coach passenger rights (such as accessibility, and compensation for delays or cancellations) to continue to operate in substantially the same manner after as before exit day.

Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2018

28/11/18

Transport, Haulage and Shipping

This instrument makes the changes needed to retained EU legislation on air passenger rights. These changes ensure that the legislation continues to function correctly after the UK has left the EU and provides continuity for passengers in terms of the passenger rights and insolvency protection regime that applies in relation to air travel. It also ensures that the scope of the enforcement regime in place is consistent with the scope of the retained EU legislation. In addition, the instrument amends domestic legislation made to implement mutual recognition of insolvency protection regimes for package travel between EU Member States under the EU Package Travel Directive. This reflects that, in a no-deal scenario, the UK's insolvency protection regime may not be recognised by EU Member States.

Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2018

29/11/18

Transport, Haulage and Shipping

This instrument amends domestic legislation on the subject of the compulsory use of seat belts in motor vehicles, to remedy failures of retained EU law to operate effectively, arising from the withdrawal of the UK from the EU. The amendments ensure that child restraints and seat belts approved under the law of another EU member State, and medical certificates issued in other EU member States as exempting a person from the requirement to wear a seat belt or child restraint, continue to be recognised for the purpose of the compulsory seat belt wearing requirements in the UK after the UK leaves the EU. The instrument also amends existing powers and duties to make subordinate legislation for the purpose of implementing Council Directive 91/671/EEC of 16 December 1991 on the approximation of the laws of the member States relating to the compulsory use of safety belts in vehicles of less than 3,5 tonnes (the seat belt Directive), given that implementing a Directive will not be a valid purpose after the UK's withdrawal from the EU.

Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019

10/12/18

Transport, Haulage and Shipping

This instrument uses powers in the European Union (Withdrawal) Act 2018 (the Withdrawal Act) in order to address failures in retained EU law, relating to the allocation of slots at airports in the European Economic Area, to operate effectively and to correct other deficiencies in that retained law arising as a result of the UK's exit from the European Union

Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019

14/12/18

Transport, Haulage and Shipping

This instrument amends various pieces of domestic legislation to deal with deficiencies in the statutory framework for compulsory motor insurance that arise once the UK leaves the EU. It introduces a policy change, required as a consequence of leaving the EU, which is to remove the requirements for the Motor Insurers Bureau ( ˜MIB') to act as a Compensation Body for UK residents injured in road traffic accidents in the EEA, and to reimburse its foreign counterparts in respect of EU27 visitors in the UK who have been compensated by their ˜home' Compensation Body. The remainder of the amendments seek to maintain the status quo and contain no substantive changes of policy.

Driving Licences (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

19/12/18

Transport, Haulage and Shipping

The provisions of the Road Traffic (Northern Ireland) Order 1981 and the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996, which give effect to Directive 2006/126/EC (as amended), are written from the perspective of the UK being an EU member State, and some of the language used or referred to acknowledges this. This is not consistent with the UK no longer being a member State and would result in ambiguity. Certain provisions of the Road Traffic Offenders (Northern Ireland) Order 1996, Road Traffic (New Drivers) (Northern Ireland) Order 1998, Road Traffic (Northern Ireland) Order 2007 and the Motor Vehicles (Exchangeable Licences) Order (Northern Ireland) 2009, which relate to driving licensing, are also being adjusted for the same reason.

Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

14/01/19

Transport, Haulage and Shipping

This instrument uses existing powers under the European Communities Act 1972 (the ECA) to fully implement the obligations of the United Kingdom (UK) under European Union law in the field of drivers' hours and tachographs for the carriage of goods and passengers by road and under the European Agreement concerning the Work of Crews of Vehicles engaged in the International Road Transport of 1 July 1970, as amended (the AETR), which must be addressed before the point at which the UK leaves the European Union (EU) (Exit Day). The obligations being implemented are further set out in sections 6 and 7 of this document. This instrument remedies deficiencies in domestic law and retained EU law arising from the withdrawal of the UK from the EU, in the field of drivers' hours and tachographs. In particular it reflects the fact that the AETR will be the relevant international legal framework for road transport operations between the UK and the EU from Exit Day.

Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019

28/01/19

Transport, Haulage and Shipping

This statutory instrument corrects deficiencies in the Railway (Licensing of Railway Undertakings) Regulations 2005 (SI 2005/3050) (2005 Regulations) arising from the UK's exit from the European Union. It will also revoke Regulation (EU) 2015/171 which will become redundant after exit day. It is being made to ensure that the 2005 Regulations continue to operate effectively in the event of the UK leaving the European Union without an agreed deal with the EU. After exit day the 2005 Regulations will not be able to operate effectively unless the references they contain to Europe and European Union institutions are corrected. Most of the deficiencies that need to be corrected are minor and technical. The most significant change is to rename the European licence  “ it will in future be known as the railway undertaking licence . Other changes are mostly to remove references and obligations to provide information to European Union institutions, such as the European Railway Agency. Regulation (EU) 2015/171 will become redundant after exit day either because the procedures it sets out have already been adopted into the UK licensing regime or because they will no longer be relevant after the UK leaves the EU (e.g. providing information to the European Commission). It is therefore being revoked. This instrument will enable the legal framework for train operator licensing in Great Britain provided for in the 2005 Regulations to continue after exit day. Operators that hold licences issued by the ORR will not need to take any action. Operator licences do not expire, so these licences will continue to be valid in GB indefinitely. However, ORR issued licences will no longer be valid in EEA Member States after exit day. Any operators who intend to operate in an EEA Member State would have to apply for a licence from a licensing authority in an EEA Member State. Operators that provide train services in Great Britain and hold a licence issued by an EEA Member State other than the ORR will not need to take any immediate action. The instrument provides for those licences to continue to be recognised in Great Britain for two years after exit day. At the end of that two-year period any affected operators will require a licence issued by the ORR to continue to operate legally in Great Britain (there is currently only one such operator, Europorte Channel SAS, a freight operator). This position was set out in a rail technical notice issued in October. No other requirements of the licensing regime under the 2005 Regulations will be changed. This instrument does not provide for the long-term, mutual recognition of operator licences issued by EEA-member states and held by cross-border service operators (e.g. services which operate through the Channel Tunnel). Mutual recognition of these licences is contingent on any future bilateral agreements with Member States. The UK Government is engaging with a range of European counterparts, including member states, to discuss cross-border services once the UK leaves the EU.

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

05/02/19

Transport, Haulage and Shipping

The licensing of road haulage operators and the market for international road haulage are regulated by EU Regulations (EC) 1071/2009 and 1072/2009 and related domestic legislation respectively. This instrument remedies deficiencies in retained EU law and makes consequential amendments to related domestic legislation arising from the withdrawal of the UK from the EU. In particular, this instrument reflects the fact that the UK will not be able to issue ˜Community licences' after it has left the EU by providing for broadly equivalent and adaptable arrangements for hauliers operating between the UK and Member States after Exit day.

Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019

11/02/19

Transport, Haulage and Shipping

This Instrument amends the Train Driving Licences and Certificates Regulations 2010, (the 2010 Regulations ) together with three associated items of directly applicable EU legislation, Commission Decisions 2010/17/EC and 2011/765/EU and Commission Regulation 36/2010/EU (together referred to as the tertiary legislation). This tertiary legislation will be converted into domestic law (as retained EU law) under the European Union (Withdrawal) Act 2018 (the EU Withdrawal Act). The purpose of the amendments being made is to correct a number of deficiencies that will arise with the 2010 Regulations and the tertiary legislation as a result of the UK leaving the EU and to ensure that they remain fully legally operable after exit.

Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019

18/02/19

Transport, Haulage and Shipping

The instrument amends the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (the 2016 Regulations), as amended by the Railways (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations 2019 (the 2019 Regulations), to rectify deficiencies that will arise from the United Kingdom's (UK's) exit from the European Union (EU). Additionally, it will make appropriate corrections to four pieces of directly applicable tertiary legislation and revoke three pieces of directly applicable tertiary legislation to reflect the UK's departure from the EU

Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019

18/02/19

Transport, Haulage and Shipping

This instrument amends the following Regulations with the purpose of correcting deficiencies identified that will arise as a result of the United Kingdom leaving the EU, and to ensure that they remain fully legally operable after exit: ? The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016; ? The Train Driving Licences and Certificates Regulations (Northern Ireland) 2010; and ? The Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008. For the purposes of this Explanatory Memorandum, when reference is made to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016, the Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 and the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 together, they will be referred to as œthe Regulations.

Railways (Safety Management) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019

18/02/19

Transport, Haulage and Shipping

This instrument amends the Railways (Safety Management) Regulations (Northern Ireland) 2006 (œthe 2006 Regulations) with the purpose of making a number of technical corrections to deficiencies in the 2006 Regulations that will arise as a result of the United Kingdom (UK) leaving the European Union (EU) and to ensure that they remain fully legally operable after exit.

Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019

26/02/19

Transport, Haulage and Shipping

This instrument remedies deficiencies in Northern Ireland domestic law in the field of drivers' hours and tachographs for the carriage of goods and passengers by road, arising from the withdrawal of the UK from the EU. These amendments are made under the European Union (Withdrawal) Act 2018 ( the EU Withdrawal Act). This instrument makes separate amendments to the International Road Transport Permits (EU Exit) Regulations 2018 (the Permits Regulations) to correct an error in regulation 28(2) of those Regulations to provide that the 20 working day time-limit for making an appeal applies to appeals to a traffic commissioner in Great Britain. A new sub-paragraph (3A) is also inserted to allow for the period of time in which an appellant must be informed of the outcome of an appeal to be extended.

Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019

26/02/19

Transport, Haulage and Shipping

This instrument amends the Railways (Interoperability) Regulations 2011 (S.I. 2011/3066) (the Principal Regulations), which transpose EU Directive 2008/57/EC on the interoperability of the European rail system. The purpose of the amendments being made is to correct deficiencies that arise with the Principal Regulations as a result of the United Kingdom (UK) leaving the EU and to ensure that a clear and accessible legal framework continues to underpin the UK's railway interoperability regime. This includes the creation of a framework for the Secretary of State to publish technical specification notices containing UK rail technical standards.

International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

11/03/19

Transport, Haulage and Shipping

EU Regulation 1073/2009 on common rules for access to the international market for coach and bus services (œRegulation 1073/2009) provides reciprocal liberalised market access for regular (scheduled) and occasional (non-scheduled, e.g. holiday and tour) coach services between the UK and the European Union. The Regulation establishes the conditions for the international carriage of passengers by coach and bus within the EU, and within Member States by non-resident EU operators (cabotage). It also establishes for this purpose a system of Community Licences, which act as the international bus and coach licences used within the EU, and for these Licences to be issued by the competent authorities of Member States. It is given effect in Northern Ireland principally through the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 and the Transport Act (Northern Ireland) 1967. The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 will amend Regulation 1073/2009 to apply UK wide, to allow the UK to continue to provide the same levels of access to the UK market to EU bus and coach operators should the UK leave the EU without a deal. The provisions of the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 and the Transport Act (Northern Ireland) 1967, which give effect to EU Regulation 1073/2009 in Northern Ireland, are written from the perspective of the UK being an EU Member State and some of the language used or referred to, acknowledges this. This is not consistent with the UK no longer being a Member State and would result in the failure of certain aspects of the NI legislation to operate effectively and other deficiencies including ambiguity. Certain provisions of the Road Passenger Transport (Qualification of Operators) Regulations (Northern Ireland) 2014 and the Road Traffic (Northern Ireland) Order 1981, which relate to bus and coach (passenger) transport, are also being adjusted for the same reason. The changes to the NI legislation are to adjust language and references to recognise that the UK is no longer a Member State and to so eliminate any failures to operate effectively and other deficiencies including ambiguity in order to maintain in a no deal scenario the current access rights for EU bus and coach operators into and within Northern Ireland in a similar manner after exit day.

Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019

12/03/19

Transport, Haulage and Shipping

The European Union has regulated many areas of maritime policy, and, where necessary, the United Kingdom has introduced legislation to give effect to such EU measures. The European Union (Withdrawal) Act 2018 (the Withdrawal Act) will retain such legislation in UK law. This instrument makes a number of amendments designed to ensure that the relevant UK secondary legislation continues to operate effectively and does not contain provisions which are no longer required once the UK leaves the EU. This instrument amends secondary legislation relating to boatmasters' licensing and technical requirements for inland waterway vessels.

Road Vehicles and Non-Road Mobile Machinery (Type Approval) (Amendment) (EU Exit) (No. 2) Regulations 2019

27/03/19

Transport, Haulage and Shipping

The purpose of this instrument is to bring forward to 29 March 2019 the commencement of Part 3 of the Road Vehicles and Non-Road Mobile Machinery (Type Approval) (Amendment) (EU Exit) Regulations 2019 (the 2019 Regulations). An erroneous version of this instrument, in a form other than that approved by resolution of each House of Parliament, was initially made and registered as S.I. 2019 No. 490. That instrument has now been withdrawn, and the correct version made as S.I. 2019 No. 648. If the commencement of Part 3 of that instrument were not now brought forward to 29 March 2019, the instrument's commencement provisions would not operate correctly.

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) (No. 3) Regulations 2019

01/07/19

Transport, Haulage and Shipping

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union. They amend the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) (the principal Regulations) to ” ” vary the period during which the increase in permitted production limits for National Small Series Type Approval provided for by the principal Regulations applies. This is necessary due to the change in exit day from the original 29th March 2019. (See regulation 2(a).) ” replace the multiplication factor applied to the figures in Table 1 of Regulation 25 of the Road Vehicles (Approval) Regulations 2009 (S.I. 2009/717) by the principal Regulations relating to vehicle categories M1 and N1 with a limit of 1000 vehicles. (See regulation 2(a).) The multiplication factor applied to figures relating to all other vehicle categories remains as provided for by the Principal Regulations. ” revoke Regulation (EU) 2019/26 (which makes provision in EU legislation for the United Kingdom s withdrawal from the European Union) and make transitional provision in respect of that revocation. (See regulation 2(b).) The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared.

Cableway Installations (Amendment) (EU Exit) Regulations 2019

02/07/19

Transport, Haulage and Shipping

The instrument corrects deficiencies in the Cableway Installations Regulations 2018 (S.I. 2018/816) (the 2018 Regulations) and directly applicable EU Regulation 2016/424 (the EU Regulation) which will arise from the UK s exit from the European Union. It is being made to give clarity and certainty to industry that the 2018 Regulations and the EU Regulation continue to operate efficiently in the event of the UK leaving the European Union without an agreed deal with the EU.

Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

07/10/19

Transport, Haulage and Shipping

The main purpose of this instrument is to introduce a transitional two year period after Brexit during which EU Part A safety certificates issued by EU member states before Brexit will continue to be recognised for the purpose of operating trains on the mainline railway in Great Britain, thereby supporting a smooth and effective transition. The instrument also corrects deficiencies that will arise when the UK leaves the EU in various pieces of domestic legislation, as well as directly applicable EU implementing and delegated legislation. This includes making amendments to previous rail Brexit instruments, so that they correct deficiencies in directly applicable EU implementing and delegated rail legislation that has come into effect since 12 April 2019. This will help ensure that business has certainty and clarity about the affected parts of the rail legislative regime.

Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020

27/02/20

Transport, Haulage and Shipping

This instrument is required to ensure that the UK has a functioning statute book and will come into force at the end of the transition period. It amends the Railways (Interoperability) Regulations 2011 (S.I. 2011/3066) (the Principal Regulations) and the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (the 2019 Regulations) to ensure that the United Kingdom s interoperability regime functions correctly after the transition period and corrects certain errors in that instrument. The Rail Passengers Rights and Obligations (Amendment) (EU Exit) Regulations 2018, the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 and the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 are also amended to reflect accurately amendments made to various EU references and this instrument also corrects errors in the latter instrument. Amendments are made by this instrument to Commission Decisions 2007/756/EC and 2018/1614 which specify the format of registers held within Member States containing information about railway vehicles and Commission Implementing Regulation (EU) 2019/777 which deals with the common specifications for the register of railway infrastructure. It also revokes EU tertiary legislation relating to the new Interoperability Directive (EU) 2016/797 (the 2016 Directive) as this will no longer be relevant in the UK after the end of the transition period.

Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020

30/06/20

Transport, Haulage and Shipping

The instrument amends the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (the 2007 Regulations) to (a) implement Directive (EU) 2018/645, which introduced changes to the certificate of professional competence (CPC) regime and (b) recognise CPCs issued by Switzerland.

Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations

02/07/20

Transport, Haulage and Shipping

This instrument is required to ensure that the UK continues to have a functioning statute book in force at the end of the transition period. Some, but not all, references to exit day  will be replaced by IP completion day  in: the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019; the Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019; the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (the TDL Regulations); the Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 (Second Safety Regulations) and the Cableway Installations (Amendment) (EU Exit) Regulations 2019. These changes are necessary because these instruments were made prior to exit day, and were due to come into force from that date onwards. As a result of the UK and the EU agreeing the Withdrawal Agreement, the UK has entered the transition period as part of its withdrawal from the EU which is why some references to exit day  are no longer appropriate and need to be replaced by references to IP completion day . This instrument amends the TDL Regulations and Second Safety Regulations to ensure that all EU train driving licences, Part A safety certificates and single safety certificates (issued pursuant to Directive 2004/49/EC2 on the safety on the Community s railways and Directive (EU) 2016/7983 on railway safety (recast) respectively) are recognised for use in Great Britain up to 31st January 2022. It amends the Railways and Other Guided Transport Systems (Safety) Regulations 2006 and the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019, to ensure that, where appropriate, the legislative framework takes account of EU documentation issued under Directive (EU) 2016/798 and makes further provision to ensure the recognition of Entities in Charge of Maintenance (ECM) certificates issued pursuant to Commission Regulation (EU) No 445/20114 and Commission Implementing Regulation (EU) 2019/7795 which replaces the former during the transition period. These amendments also take account of any certificates issued in respect of crossborder services pursuant to the retained EU law version of that Regulation after IP completion day. Finally, this instrument revokes Regulation (EU) No 913/20106 concerning a European Rail Network for Competitive Freight and revokes Commission Implementing Regulation (EU) 2019/779 laying down detailed provisions on a system of certification of ECM, except in relation to vehicles operating a cross-border service.

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020

12/10/20

Transport, Haulage and Shipping

These Regulations amend the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) (the 2019 Regulations). These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies, and to give effect to the United Kingdom s obligations under the protocol on Ireland/Northern Ireland to the EU withdrawal agreement (the Protocol). The 2019 Regulations made temporary amendments to legislation in the field of type approval for road vehicles and non-road mobile machinery and, in particular, provide for an interim arrangement allowing the Secretary of State, or Northern Ireland Department, to issue type approval certificates to holders of EU type approval granted other than in the United Kingdom and (in respect of road vehicles) for those type approval certificates to be the basis for the issue of certificates of conformity used for the purposes of vehicle registration. These interim arrangements are to have effect for a period of two years. These Regulations amend the interim arrangements, following the inclusion of the relevant EU Type Approval legislation in Annex 2 to the Protocol, so that they continue to operate effectively Great Britain and also to allow vehicles which are qualifying Northern Ireland goods to be registered in Great Britain. The 2019 Regulations are also amended to allow various engines, components and technical units within scope of the type approval legislation to be entered into service or placed on the market in Great Britain if they comply with the relevant legislative requirements as they apply in member States or Northern Ireland. These arrangements will also have effect for a period of two years. These Regulations also make necessary consequential amendments to other related legislation. These Regulations also amend Commission Regulation (EU) 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers (OJ L. No 353 21.12.20012, p.31). This amendment is to allow for the type approval in Great Britain of vehicles within scope of that Regulation which have a height exceeding 4 metres.

Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020

09/11/20

Transport, Haulage and Shipping

The purpose of this instrument is to transpose Directive (EU) 2017/2108 which amended Directive (EC) 2009/45, pursuant to the UKs transposition obligations during the transition period which ends on 31st December 2020. This will ensure a continued high standard of safety is maintained on UK seagoing domestic passenger ships, but with the advantage that such ships under 24 metres (m) in length, may now be covered by bespoke, and more proportionate, national safety standards.

Road Vehicles (Registration and Licensing) (Amendment) (EU Exit) Regulations 2020

09/11/20

Transport, Haulage and Shipping

The purpose of this instrument is to: (a) revoke regulation 27B of the Road Vehicles (Registration and Licensing) Regulations 2002 (the 2002 Regulations), and the instrument which inserted it; regulation 27B gave effect to Directive (EU) 2015/413 of the European Parliament and of the Council (OJ No L 68, 13.3.15, p.9) (the Directive) by requiring the Secretary of State to provide to European Union Member States the identity of the registered keepers of vehicles, and related information, alleged to have been used in those States in the commission of traffic offences to which the Directive applies, such as speeding; (b) substitute IP completion day for exit day in amendments made to the 2002 Regulations by the Road Vehicles (Registration, Registration Plates and Excise Exemption) (Amendment) (EU Exit) Regulations 2018, as the amendments are due to come into force on IP completion day rather than exit day following the end of the transition period provided for in the EU Withdrawal Agreement.

Road Vehicles (Display of Registration Marks) (Amendment) (EU Exit) (No. 2) Regulations 2020

29/11/20

Transport, Haulage and Shipping

The purpose of this instrument, which amends the Road Vehicles (Display of Registration Marks) Regulations 2001 (SI 2001/561) (œthe 2001 Regulations), is to remove the option to display the European Union symbol on a plate or other device fixed to a vehicle on or after the IP completion day. This instrument provides an end date for ˜old vehicles (ie. those that are exempt from excise duty as at the 1st April of any year, because they were constructed 40 or more years before the 1st January of that year), from also being able to display a pre-1973 plate ie. white/silver lettering on a black registration plate. From the 1st January 2021, this option will be restricted to those vehicles first constructed on or before 1st January 1980. This instrument also updates the British Standard a new or replacement registration plate must comply with from the 1st September 2021. The instrument prescribes the requirements for an optional border which is displayed on a registration plate from this date.

Drivers Hours and Tachographs (Amendment) Regulations 2020

31/12/20

Transport, Haulage and Shipping

These Regulations implement aspects of the Trade and Cooperation Agreement between the European Union and the United Kingdom relating to road freight and passenger transport. Regulation 2 amends S.I. 2019/453 so that Article 2 of Regulation (EC) 561/2006 will apply to journeys between the UK and the EU as well as domestic journeys within the UK. Regulation 3 further amends Article 2 of Regulation (EC) 561/2006 to this effect and to clarify that the provisions of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970, as amended (known as AETR) apply to journeys between the UK and non EU member State countries. Regulation 4 amends the Transport Act 1968 so as to allow enforcement of historic breaches of drivers hours provisions by operators established or having operated in the EU. Regulation 4 also amends the definition of œapplicable community rules in section 103 of the Transport Act 1968 and extends the definition to reflect the requirements of retained Regulation (EC) 561/2006 in light of the Trade and Cooperation Agreement. Regulation 5 amends the Road Traffic Offenders Act 1988 extending the prohibition of making of fixed penalty notices and conditional offers to cases where the relevant offence has already been dealt with in an EU member State.

Aviation Safety (Amendment) Regulations 2021

07/01/21

Transport, Haulage and Shipping

This instrument amends five retained EU Regulations, to make provision in relation to the rules of the air for aircraft flying using visual flight rules (VFR) in Class D, F and G airspace, remove minimum age requirements for remote pilots of unmanned aircraft, and permit the use of a medical self-declaration to operate UK-registered Part-21 light aircraft in the UK.

The Drivers Hours and Tachographs (Amendment) Regulations 2021

13/01/21

Transport, Haulage and Shipping

The purpose of this instrument is to remedy deficiencies in retained European Union (EU) law arising from the withdrawal of the United Kingdom (UK) from the EU, in the field of drivers' hours and tachographs for the carriage of goods and passengers by road. This instrument uses powers under Section 8 of the European Union (Withdrawal) Act 2018 (‘the EU Withdrawal Act’) to ensure that the retained EU drivers' hours and tachograph regulations, that were amended during the Implementation Period, do not contain deficiencies following implementation period completion day (‘IP completion day').

Road Tunnel Safety (Amendment) Regulations 2021

15/03/21

Transport, Haulage and Shipping

This statutory instrument is being made using powers in the European Union (Withdrawal) Act 2018 (‘the Withdrawal Act’) in order to address deficiencies in retained EU law with regard to long road tunnels. It makes amendments to the Road Tunnel Safety Regulations 2007 (SI 2007/1520) (‘2007 Regulations’) as amended by the Road Tunnel Safety (Amendment) Regulations 2009 (SI 2009/64), which transpose into UK law Directive No. 2004/54/EC (‘the Directive’). The amendments arise from the withdrawal of the United Kingdom from the European Union (the ‘EU').

Updated 15 April 2021 

 
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