Citation, commencement and extent

1. —(1) These Regulations may be cited as the Road Vehicles (Authorised Weight) (Amendment) Regulations 2023.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to England and Wales and Scotland.

Amendment of the Road Vehicles (Authorised Weight) Regulations 1998

2.The Road Vehicles (Authorised Weight) Regulations 1998( 3 ) are amended as follows.

Interpretation

3. In regulation 2 (interpretation), in paragraph (1), after the definition of “wheel”, insert—

“ “ zero-emission vehicle ” means a vehicle without an internal combustion engine, or with an internal combustion engine that emits less than 1g CO ₂ /kWh as determined in accordance with Regulation (EC) No 595/2009 of the European Parliament and of the Council ( 4 ) and its implementing measures ( 5 ) (as that law had effect immediately before IP completion day), or that emits less than 1g CO ₂ /km as determined in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council ( 6 ) and its implementing measures ( 7 ) (as that law had effect immediately before IP completion day); ” .

Maximum authorised weights

4. In regulation 4 (maximum authorised weights)—

(a) in paragraph (1), for “paragraphs (2) and (3)”, substitute “paragraphs (2), (3), (5), (7) and (9)” ;

(b) in paragraph (3)—

(i) after “is increased by”, insert “the additional weight of the alternative fuel power train with” ; and

(ii) in sub-paragraph (b), omit “or train”;

(c) in paragraph (4)—

(i) after “items 1,” insert “2,” ; and

(ii) after “6” insert “, 7, 8” ;

(d) after paragraph (4), insert—

“ (5) The maximum authorised weight of a relevant alternatively fuelled vehicle combination is increased by the additional weight of the alternative fuel power train with a maximum of 1000kg where—

(a) a type or individual approval has been granted to the towing vehicle under the Type Approval Regulation or Road Vehicles (Approval) Regulations 2020 which provides evidence that the weight of the alternative fuel power train exceeds the weight of a conventional power train by a specified amount, and

(b) the weight of the alternative fuel power train is included in the maximum permitted gross train weight specified on any plates required by regulation 66 (plates for goods vehicles and buses) or regulation 70 (ministry plates) of the 1986 Regulations.

(6) A “ relevant alternatively fuelled vehicle combination ” means a vehicle combination of a type described in items 4, 8, 9, 11 or 12 of Table 3 in Schedule 2 that includes an alternatively fuelled vehicle.

(7) The maximum authorised weight of a relevant zero-emission vehicle is increased by 2000kg where—

(a) a type or individual approval has been granted to the vehicle under the Type Approval Regulation or Road Vehicles (Approval) Regulations 2020 which provides evidence that the weight of the alternative fuel power train exceeds the weight of a conventional power train by a specified amount, and

(b) the weight of the alternative fuel power train is included in the maximum permitted gross weight specified on any plates required by regulation 66 (plates for goods vehicles and buses) or regulation 70 (ministry plates) of the 1986 Regulations.

(8) A “ relevant zero-emission vehicle ” means a zero-emission vehicle of a type described in items 1, 2, 5, 6, 7, 8 or 9 of Table 1 in Schedule 1.

(9) The maximum authorised weight of a relevant zero-emission vehicle combination is increased by 2000kg where—

(a) a type or individual approval has been granted to the towing vehicle under the Type Approval Regulation or Road Vehicles (Approval) Regulations 2020 which provides evidence that the weight of the alternative fuel power train exceeds the weight of a conventional power train by a specified amount, and

(b) the weight of the alternative fuel power train is included in the maximum permitted gross train weight specified on any plates required by regulation 66 (plates for goods vehicles and buses) or regulation 70 (ministry plates) of the 1986 Regulations.

(10) A “ relevant zero-emission vehicle combination ” means a vehicle combination of a type described in items 4, 8, 9, 11 or 12 of Table 3 in Schedule 2 that includes a zero-emission vehicle. ” .

Schedule 1 (maximum authorised weights for vehicles)

5. In Schedule 1—

(a) in paragraph 1(1), for “paragraphs 1A and 2”, substitute “paragraphs 1A, 1B and 2” ;

(b) in paragraph 1A—

(i) after “items 1,” insert “2,” ;

(ii) after “6” insert “, 7, 8” ;

(c) after paragraph 1A, insert—

“ Maximum authorised weight of a relevant zero-emission vehicle

1B. The vehicles described in items 1, 2, 5, 6, 7, 8 and 9 of Table 1 may exceed the weight specified in column 4 by 2000 kg where the requirements of regulation 4(7) are fulfilled. ” .

Schedule 2 (maximum authorised weights for vehicle combinations)

6. In Schedule 2—

(a) in paragraph 1(1), for “paragraph 2”, substitute “paragraphs 1A, 1B and 2” ;

(b) after paragraph 1(5), insert—

“ Maximum authorised weight of a relevant alternatively fuelled vehicle combination

1A. The vehicles described in items 4, 8, 9, 11 and 12 of Table 3 may exceed the weight specified in column 4 by 1000 kg where the requirements of regulation 4(5) are fulfilled.

Maximum authorised weight of a relevant zero-emission vehicle combination

1B. The vehicles described in items 4, 8, 9, 11 and 12 of Table 3 may exceed the weight specified in column 4 by 2000 kg where the requirements of regulation 4(9) are fulfilled. ” .

Review

7. —(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(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.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4)Section 30(4) of the Small Business, Enterprise and Employment Act 2015( 8 ) requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate;

(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).