HGV Road User Levy Bill

Session 2012 - 13
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Other Bills before Parliament

HGV Road User Levy Bill

HGV Road User Levy Bill
1

A
Bill
To
Make provision charging a levy in respect of the use or keeping of heavy
goods vehicles on public roads in the United Kingdom, and for connected
purposes.
Most Gracious Sovereign
WE, Your Majesty’s most dutiful and loyal subjects, the Commons of the
United Kingdom in Parliament assembled, towards raising the necessary
supplies to defray Your Majesty’s public expenses, and making an addition to the
public revenue, have freely and voluntarily resolved to make the provision
hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it
may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the same, as follows:—
Charging provisions
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Charge to HGV road user levy
(1)
A duty of excise, called HGV road user levy, is charged in respect of any heavy
goods vehicle that is used or kept on a road to which this Act applies.
(2)
HGV road user levy is to be levied by the Secretary of State.
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Meaning of “heavy goods vehicle”
(1)
In this Act “heavy goods vehicle” means a mechanically propelled vehicle with
a revenue weight of 12,000 kilograms or more, or a heavy motor car within the
meaning given by section 185 of the Road Traffic Act 1988, in respect of which
vehicle excise duty—
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(a)
is charged at the rate applicable to the vehicle in accordance with Part
6 (vehicles used for exceptional loads) or Part 8 (goods vehicles) of
Schedule 1 to the Vehicle Excise and Registration Act 1994 (“the 1994
Act”), or

HL Bill 82
55/2

HGV Road User Levy Bill
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(b)
would be so charged but for an exemption granted on the basis that the
vehicle is only temporarily in the United Kingdom.
(2)
In this Act—
“UK heavy goods vehicle” means a heavy goods vehicle within subsection
(1)(a);
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“non-UK heavy goods vehicle” means a heavy goods vehicle within
subsection (1)(b).
(3)
The Secretary of State may by order amend subsection (1) by substituting a
different number of kilograms for the number for the time being specified
there.
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(4)
An order under subsection (3) may make consequential amendments to
Schedule 1.
(5)
An order under subsection (3) may not be made unless a draft of the statutory
instrument containing it has been laid before the House of Commons and
approved by a resolution of that House.
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Roads to which this Act applies
(1)
This Act applies to public roads in the United Kingdom.

Subject to subsection (2), it applies to all such roads.
(2)
The Secretary of State may by order provide—
(a)
that this Act does not apply to specified roads, or roads of a specified
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description, or
(b)
that this Act applies only to specified roads, or roads of a specified
description.
(3)
An order under subsection (2) may not be made unless a draft of the statutory
instrument containing it has been laid before the House of Commons and
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approved by a resolution of that House.
(4)
In this section “public road”—
(a)
in England and Wales and Northern Ireland, means a road that is
repairable at public expense;
(b)
in Scotland, has the same meaning as in the Roads (Scotland) Act 1984
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(see section 151 of that Act).
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Liability for levy
(1)
In the case of a UK heavy goods vehicle—
(a)
each person in whose name the vehicle is registered under the 1994 Act
is liable for any HGV road user levy in respect of the vehicle, and
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(b)
any person (not within paragraph (a)) by whom the vehicle is kept is
also liable.
(2)
In the case of a non-UK heavy goods vehicle—
(a)
each person who is the holder of a Community licence in respect of the
vehicle is liable for any HGV road user levy in respect of it, and
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(b)
any person (not within paragraph (a)) by whom the vehicle is kept is
also liable.

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(3)
Where two or more persons are liable for levy in respect of the same vehicle at
the same time, their liability is joint and several.
(4)
Where a vehicle is stolen from a person liable for levy in respect of it—
(a)
the person is exempt from liability after the day of the theft, but
(b)
if the person recovers the vehicle, the exemption ceases at the start of
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the day of the recovery.
(5)
Where the person who is liable for levy in respect of a vehicle by reason of
subsection (1)(a) sells or disposes of it, the vehicle is treated for the purposes of
this section as ceasing to be registered in the person’s name at the end of the
day of the sale or disposal.
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(6)
Where the person who is liable for levy in respect of a vehicle by reason of
subsection (2)(a) sells or disposes of it, the person is treated for the purposes of
this section as ceasing to be the holder of a Community licence in respect of the
vehicle at the end of the day of the sale or disposal.
(7)
Subsections (4) to (6) do not affect liability for any levy—
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(a)
paid on or before the day of the theft, sale or disposal, or
(b)
due to be paid under section 5 for a period beginning on or before that
day.
(8)
In this section “Community licence” means a licence issued under Regulation
(EC) No. 1072/2009 of the European Parliament and of the Council dated 21
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October 2009 on common rules for access to the international road haulage
market.
Payment, rebates, exemptions and reductions
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Payment of levy for UK heavy goods vehicles
(1)
This section applies to a UK heavy goods vehicle.
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(2)
HGV road user levy must be paid for all periods for which the vehicle is
charged to vehicle excise duty.
(3)
Where vehicle excise duty is paid for a year, the levy must be paid for the same
year.
(4)
Where vehicle excise duty is paid for 6 months, the levy must be paid for the
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same 6 months.
(5)
Levy for a year is charged at the appropriate rate shown in the column headed
“Yearly rate” in Table 1 in Schedule 1.
(6)
Levy for 6 months is charged at the appropriate rate shown in the column
headed “Half-yearly rate” in that Table.
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(7)
The appropriate rate depends on what Band the vehicle is in, and this is given
by paragraphs 2 to 4 of that Schedule and Tables 2 to 5.
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Payment of levy for non-UK heavy goods vehicles
(1)
This section applies to a non-UK heavy goods vehicle.
(2)
HGV road user levy must be paid in respect of each day on which the vehicle
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is used or kept on a road to which this Act applies.

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(3)
It may be paid for a period of one year, or any shorter period, chosen by the
person paying the levy.
(4)
Levy for a year is charged at the appropriate rate shown in the column headed
“Yearly rate” in Table 1 in Schedule 1.
(5)
Levy for—
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(a)
a period of 6 months, or
(b)
6 months out of a longer period,

is charged at the appropriate rate shown in the column headed “Half-yearly
rate” in that Table.
(6)
Levy for—
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(a)
one or more whole months (fewer than 6), or
(b)
so much of a period (not taken into account under subsection (5)) as
comprises one or more whole months,

is charged at the appropriate rate shown in the column headed “Monthly rate”
in that Table.
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(7)
Levy for—
(a)
a period (less than a month) of one or more whole weeks, or
(b)
so much of a period (not taken into account under subsection (5) or (6))
as comprises one or more whole weeks,

is charged at the appropriate rate shown in the column headed “Weekly rate”
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in that Table.
(8)
Levy for—
(a)
a period (less than a week) of one or more days, or
(b)
so much of a period as is not taken into account under subsection (5),
(6) or (7),
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is charged at the appropriate rate shown in the column headed “Daily rate” in
that Table.
(9)
The appropriate rate depends on what Band the vehicle is in, and this is given
by paragraphs 2 to 4 of that Schedule and Tables 2 to 5.
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Rebate of levy
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(1)
Where—
(a)
HGV road user levy has been paid in respect of a vehicle for a period of
more than one month (“the levy period”), and
(b)
a rebate entitlement arises more than one month before the end of the
levy period,
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the person who paid the levy is entitled to the appropriate rebate of levy on
making an application to the Secretary of State.
(2)
A rebate entitlement arises in the following cases—
(a)
the vehicle is stolen;
(b)
the vehicle is destroyed and the person who paid the levy notifies the
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Secretary of State of that fact;
(c)
the person who paid the levy notifies the Secretary of State that the
vehicle is not intended to be used or kept on a road to which this Act
applies at any time during the rest of the levy period;

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(d)
the vehicle has been sold or disposed of and the person who paid the
levy provides the Secretary of State with prescribed information, in the
prescribed manner, in relation to the sale or disposal.
(3)
The appropriate rebate where the levy was paid for a whole year is—

where—
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A is one-tenth of the amount paid;
B is the number of months in the period beginning with the start of the
levy period and ending with the date of the application, rounded up (if
not an exact number of months) to the next whole number.
(4)
The appropriate rebate in any other case is—
10

where—
C is one-tenth of the amount that was the yearly rate of levy for the vehicle
at the start of the levy period;
D is the number of whole months in the period beginning with the day
after the date of the application and ending with the end of the levy
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period.
(5)
The Secretary of State may specify conditions with which a person must
comply before making an application for a rebate.
(6)
The conditions that may be specified include (in particular)—
(a)
a condition requiring that information which has to be provided to the
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Secretary of State is transmitted by specified electronic means;
(b)
in a case within subsection (2)(a), conditions relating to the reporting to
the police that the vehicle has been stolen.
(7)
The Secretary of State may specify an administration fee for an application for
a rebate of HGV road user levy, to be deducted from the rebate.
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(8)
No rebate is due—
(a)
where a fee is specified under subsection (7) and the amount given by
subsection (3) or (4) is less than the amount of the fee;
(b)
where subsection (3) applies and the amount given by that subsection
is nil or a negative amount.
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(9)
Matters specified under this section must be published in whatever way the
Secretary of State thinks appropriate.
(10)
The Secretary of State may by regulations provide for rebates of HGV road user
levy in circumstances other than those set out in this section.
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Exemptions and reductions
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(1)
HGV road user levy is not charged in respect of vehicles within paragraph 9(2)
of Schedule 1 to the 1994 Act (certain rigid goods vehicles charged to vehicle
excise duty at the basic goods vehicle rate).
(2)
HGV road user levy is not charged in respect of a vehicle for a period during
which the vehicle is licensed by a licence under section 11 of the 1994 Act (trade
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licences).

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(3)
Regulations may provide for HGV road user levy not to be charged, or to be
charged at a reduced rate, in respect of prescribed categories of heavy goods
vehicle.
Collection and enforcement
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Collection of levy
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(1)
For the purpose of levying HGV road user levy the Secretary of State and his
or her officers (including any individual or body authorised by the Secretary of
State to act as his or her agent for the purposes of this Act) have the same
powers, duties and liabilities as the Commissioners for Her Majesty’s Revenue
and Customs and their officers have with respect to—
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(a)
duties of excise (other than duties on imported goods), and
(b)
other matters (except matters relating only to duties on imported
goods),

under the enactments relating to duties of excise.
(2)
The enactments relating to duties of excise or punishment and penalties in
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connection with those duties (other than enactments relating only to duties on
imported goods) apply accordingly.
(3)
Subsections (1) and (2) have effect subject to the provisions of this Act
(including in particular, in the case of subsection (2), subsection (4) of this
section, section 11(3) and paragraphs 1 and 2 of Schedule 2).
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(4)
HGV road user levy is to be paid into the Consolidated Fund.
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Power to stop
(1)
A stopping officer may direct the driver of a mechanically propelled vehicle in
Great Britain to stop the vehicle if it appears to the officer that the vehicle might
be a heavy goods vehicle.
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(2)
The power conferred by subsection (1) is exercisable for the purpose of
enabling checks to be carried out to establish whether any HGV road user levy
is unpaid in respect of the vehicle.
(3)
In this section “stopping officer” means an officer appointed under section 66B
of the Road Traffic Act 1988.
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Offence of using or keeping heavy goods vehicle if levy not paid
(1)
If a person uses a heavy goods vehicle on a road to which this Act applies, or
keeps a heavy goods vehicle on any such road, on a day in respect of which the
HGV road user levy charged in respect of the vehicle has not been paid—
(a)
that person commits an offence, and
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(b)
each person (not within paragraph (a)) who is liable for the levy also
commits an offence.
(2)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(3)
A fine imposed under this section that would not otherwise be paid into the
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Consolidated Fund is to be paid into the Consolidated Fund.