The Trailer Registration Regulations 2018
| Year | 2018 |
2018 No. 1203
Road Traffic
The Trailer Registration Regulations 2018
Made 20th November 2018
Coming into force in accordance with regulation 1(2)
The Secretary of State, in exercise of the powers conferred by sections 25(1) and 41(2)(a) of the Vehicles (Crime) Act 20011and sections 13(1) and (2), 14(1), (2)(a) and (2)(d), 15(1) to (6), 17(1)(a), (1)(b), (1)(c) and (2), 18(1), (3) and (5), 19(1), 22(1) and 25(1) of the Haulage Permits and Trailer Registration Act 20182, makes the following Regulations.
The Secretary of State has consulted such persons as thought fit before making these Regulations, as required by section 23(1) of the Haulage Permits and Trailer Registration Act 2018, and a draft of these Regulations has been approved by a resolution of each House of Parliament in accordance with section 25(3)(c) and (d) of that Act.
PART 1
INTRODUCTION
Citation, commencement and application
1.—(1) These Regulations may be cited as the Trailer Registration Regulations 2018.
(2) This regulation and Schedule 1 come into force on the day after the day on which these Regulations are made and all other provisions come into force as prescribed in Schedule 1.
(3) These Regulations apply to the United Kingdom, except for paragraph 1 of Schedule 3, which applies to Great Britain.
Interpretation
2.—(1) In these Regulations—
“registered” means registered by the Secretary of State under these Regulations;
“the Convention” means the Convention on Road Traffic of 8th November 19683;
“the permissible maximum mass” means the weight which the trailer4is designed or adapted not to exceed when in normal use, travelling on a road5and laden;
“the register” means the register of trailers established and maintained by the Secretary of State; and
“the registered keeper” means the person recorded in the register as the person who keeps the trailer.
(2) With the exception of regulation 16(3), references to the use of a trailer on a road are to the use of a trailer on a road while it is being drawn by a motor vehicle.
Review
3.—(1) The Secretary of State must from time to time—
(a)
(a) carry out a review of the regulatory provision contained in these Regulations; and
(b)
(b) publish a report setting out the conclusions of the review.
(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force for any purpose.
(3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 20156requires that a report published under this regulation must, in particular—
(a)
(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
(b)
(b) assess the extent to which those objectives are achieved;
(c)
(c) assess whether those objectives remain appropriate; and
(d)
(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
PART 2
REGISTRATION AND INSPECTIONS
Applications for registration
4.—(1) A person may apply to the Secretary of State for the registration7of a trailer kept or used on a road if the permissible maximum mass is more than 750 kilograms.
(2) When making an application under paragraph (1), the applicant must provide—
(a)
(a) payment of the registration fee of £26.00;
(b)
(b) a declaration that the applicant is—
(i) the person who keeps the trailer; or
(ii) authorised by the person who keeps the trailer to make the application on their behalf;
(c)
(c) a declaration that the person who keeps the trailer is—
(i) resident in the United Kingdom;
(ii) a company formed and registered under the Companies Act 20068; or
(iii) a holder of a valid operator’s licence granted under section 4 of the Transport Act (Northern Ireland) 19679, section 14 of the Public Passenger Vehicles Act 198110, section 13 of the Goods Vehicles (Licensing of Operators) Act 199511or section 12 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 201012;
and
(d)
(d) the following particulars—
(i) the name of the person who keeps the trailer;
(ii) the address within the United Kingdom of the person who keeps the trailer;
(iii) the manufacturer of the trailer;
(iv) the chassis number of the trailer;
(v) the permissible maximum mass; and
(vi) the unladen mass of the trailer.
(3) For the purposes of this regulation, a person is resident in the United Kingdom unless that person has lived outside the United Kingdom for at least 185 days in the previous calendar year.
(4) Subject to paragraph (7), the Secretary of State must accept any application under paragraph (1) that complies with paragraph (2) and—
(a)
(a) register the trailer; and
(b)
(b) record the particulars referred to in paragraph (2)(d) in the register.
(5) The Secretary of State may record such other technical or administrative information in relation to a registered trailer13as the Secretary of State sees fit.
(6) The Secretary of State must reject any application to register a trailer that is not made under paragraph (1) or not made in compliance with paragraph (2).
(7) If the Secretary of State has a reasonable belief that the information provided by the applicant is inaccurate or incomplete, the Secretary of State may—
(a)
(a) take action to determine its accuracy or completeness, including conducting an inspection of the trailer under regulation 13 or requesting documentation or information from the person who keeps the trailer or the applicant; or
(b)
(b) refuse to register the trailer.
Unregistered trailers in 1968 Convention territories
5.—(1) It is an offence for a person to keep or use a trailer on a road that is—
(a)
(a) being used on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention; and
(b)
(b) not registered.
(2) Paragraph (1) does not apply if—
(a)
(a) the trailer is kept by a person who is not—
(i) resident in the United Kingdom (as defined in regulation 4(3));
(ii) a company formed and registered under the Companies Act 2006; or
(iii) a holder of a valid operator’s licence granted under the provisions referred to in regulation 4(2)(c)(iii);
(b)
(b) the permissible maximum mass is 750 kilograms or less; or
(c)
(c) the permissible maximum mass is 3,500 kilograms or less and the trailer is not being used on that journey primarily—
(i) for the commercial transport of goods or passengers’ belongings, whether for hire or reward or any other purpose; or
(ii) in relation to another paid occupation.
(3) In any proceedings for this offence, it is a defence for the defendant to prove that they—
(a)
(a) were unaware and could not reasonably have been expected to be aware that the trailer would be so used; or
(b)
(b) held a reasonable belief that the trailer was registered at the time of the alleged offence.
Notice of registration
6.—(1) Upon registering a trailer, the Secretary of State must issue an electronic notice of registration (“the notice”) to the applicant as soon as practicable.
(2) In the notice, the Secretary of State must specify—
(a)
(a) the name of the registered keeper;
(b)
(b) the address of the registered keeper;
(c)
(c) the chassis number of the trailer; and
(d)
(d) the registration mark assigned to the trailer by the Secretary of State under regulation 15.
(3) The Secretary of State may include such other particulars in the notice relating to the registered keeper or the technical characteristics of the trailer as the Secretary of State sees fit.
(4) This regulation does not apply if the applicant, when making the registration application under regulation 4, did not provide supplementary information sufficient to enable the Secretary of State to contact the registered keeper electronically.
Registration documents
7.—(1) The Secretary of State must issue a registration document14to the registered keeper as soon as practicable after registering a trailer.
(2) The Secretary of State must send a registration document issued in accordance with paragraph (1) to the address of the registered keeper provided in pursuance of regulation 4(2)(d)(ii).
(3) The registration document must contain the particulars specified in regulation 4(2)(d) and be in such form, and contain any other particulars, as the Secretary of State sees fit.
(4) A registration document issued by the Secretary of State, including a registration document issued under regulation 9(5), is valid for 10 years beginning with the date of issue.
(5) The registered keeper or the user of a registered trailer must not use it on a road, or cause or permit it to be so used, on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention if the registration document has expired.
Accuracy of the register and information
8.—(1) If the Secretary of State has a reasonable belief that any information recorded in the register or any information, notification or application provided, given or made to the Secretary of State in pursuance of regulation 8(2), 9(1), 9(3), 10(1) or 10(4) is inaccurate or incomplete, the Secretary of State may—
(a)
(a) take action to determine its accuracy or completeness, including conducting an inspection of the trailer under regulation 13 or requesting documentation or information from the registered keeper or the person who has made the...
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