Explanatory Note

(This note is not part of the Regulations)

These Regulations amend Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (“Regulation (EC) No 561/2006”) and modify Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (“Regulation (EU) No 165/2014”), which both extend to the United Kingdom. These Regulations implement aspects of the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30th December 2020 (“the TCA”), relating to road freight and passenger transport.

Regulation 2 amends Regulation (EC) No 561/2006 to—

(a)adjust the scope of application of that Regulation in order to align with international obligations within the TCA;

(b)amend the definition of “special regular passenger services” in order to make clear that such services must also meet the requirements of “regular passenger services”, and to set out specific examples of special regular passenger services as provided under Article 474 of the TCA;

(c)omit provision which relates to international occasional passenger services, as such journeys no longer fall within scope of Regulation (EC) No 561/2006, and the related definition.

Regulation 3 modifies Regulation (EU) No 165/2014 to implement the requirement under Article 10 of Section 4 of Part B of Annex 31 to the TCA, which requires drivers of vehicles within scope of that Article to keep tachograph records for 56 days, rather than 28 days.

Regulation 4 makes consequential amendments to Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council, which relates to infringements committed by operators of goods and passenger vehicles. These amendments are consequential to changes being made by regulations 2(4) and 3(2).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.