Great Britain introduces changes in transport regulations

Wielka Brytania wprowadza zmiany w przepisach transportowych

The British Ministry of Transport has introduced changes to the regulations governing, among others, rules for access to the UK road transport market. How will they affect Polish and European carriers transporting goods from and to Great Britain?

The changes in question result from the Regulation of the Minister of Transport of the United Kingdom No. 1260/2022 “The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022” of 26 November 2022 and they entered into force on 24 December 2022. The purpose of the changes is to fully implement certain provisions on international road transport contained in the Trade and Cooperation Agreement between the European Union and the United Kingdom of 30 December 2020 (“Trade and Cooperation Agreement” – TCA).

This instrument amends UK legislation to fully implement some of the TCA’s international road transport rules, mainly drivers’ hours and tachograph regulations, but also access for international hauliers to the UK market. From the point of view of Polish and European carriers involved in road transport of goods, the most important changes include changes in the field of cabotage, multimodal transport and triangular traffic.

Cabotage transport.

Cabotage is a type of transport service within the territory of one country by a carrier whose activity is registered in another country. So far, European carriers have been able to carry out one cabotage operation in Great Britain within three days from the date of arrival in Great Britain “empty” (without any loading). As the TCA agreement only provides for cabotage when laden, the provision of cabotage on arrival in the UK unladen has been removed. In practice, this means that an EU haulier can currently do a cabotage transport in the UK only if one delivers the goods to the UK and unloads them. From that moment, the haulier has 7 days to carry out a maximum of two cabotage transports.

Triangular traffic.

So far, EU carriers holding a Community license could make transports in the so-called triangular traffic, i.e. entering the territory of Great Britain to collect goods and deliver them to a country outside the EU (e.g. Switzerland and Norway). However, since these types of transports are not covered by the TCA, the new UK regulations prohibit carriers with only a Community license from carrying out this type of transport. The condition for carrying out transport in triangular traffic is that the EU carrier has a permit issued by the European Conference of Ministers of Transport (“ECMT”). In the explanatory memorandum, the UK side emphasizes that it is abolishing triangular traffic and unladen cabotage rights for EU hauliers, as no equivalent is provided to UK hauliers as a result of the TCA.

Combined transport.

As combined transport access rights applicable in the EU were not covered by the TCA, they were terminated for UK road hauliers in the EU. The British side took the same step. As the TCA does not allow EU hauliers to carry out combined transport operations in the UK, the changes include the removal of provisions allowing this type of operation. This applies primarily to transports in which goods are transported in the same loading unit or vehicle using several different modes of transport. What is more, the additional right for EU hauliers to load and unload goods in a combined transport operation within 25 km of the coast of the UK (or an EU Member State) has also been removed. In practice, this means that Polish and EU carriers will be able to carry out transport from and to Great Britain only in the same vehicle or combination of vehicles. However, they are not allowed to pick up or deliver semi-trailers/trailers from or to ports and railway terminals with HGVs.

Caution instead of fines until the end of March 2023.

Due to the fact that there was no transition period for EU carriers to adapt to the new regulations, representatives of the EU authorities, including Poland, intervened in this matter with the British authorities. Ultimately, the British Department for Transport softened its position and informed that until the end of March 2023, non-UK carriers who are caught not complying with the new regulations will not be fined. They will only be cautioned. For Polish and European companies it means more time to reorganize and adapt their supply schemes to the new regulations.