Session 2012 - 13
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Other Bills before Parliament

HGV Road User Levy Bill


HGV Road User Levy Bill

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12      

Legal proceedings

Schedule 2 (legal proceedings) has effect.

13      

Fixed penalties

In Schedule 3 to the Road Traffic Offenders Act 1988 (fixed penalty offences),

at the end there is inserted—

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“Offence under the HGV Road User Levy Act 2013 (c. 00)

 
 

Section 11 of the HGV Road User

Using or keeping heavy goods

 
 

Levy Act 2013

vehicle if HGV road user levy

 
  

not paid.”

 

Miscellaneous

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14      

Register of levy paid or due to be paid

(1)   

The Secretary of State must set up and keep a register of the heavy goods

vehicles in respect of which HGV road user levy has been paid.

(2)   

In relation to each vehicle the register must show—

(a)   

the registration number;

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(b)   

the country or territory under the law of which the vehicle is registered;

(c)   

the period in respect of which levy has been paid or, in the case of UK

heavy goods vehicles, the date from which levy is next due to be paid.

(3)   

The information referred to in subsection (2) must be shown on a website that

is, and indicates that it is, kept by or on behalf of the Secretary of State.

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(4)   

The website must be free to view.

(5)   

Neither the register nor the website need include entries for vehicles in respect

of which levy has been paid only for periods that have expired.

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HGV road user levy and vehicle licences

(1)   

In section 7 of the 1994 Act (issue of vehicle licences), after subsection (5) there

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is inserted—

“(5A)   

The Secretary of State is not required to issue a vehicle licence for a

heavy goods vehicle if not satisfied that the appropriate HGV road user

levy has been paid.”

(2)   

In subsection (8) of that section, for “section “special vehicle”” there is

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substituted “section—

“the appropriate HGV road user levy”, in relation to a vehicle

licence, means the HGV road user levy charged for the period

for which the licence would have effect;

“heavy goods vehicle” has the same meaning as in the HGV Road

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User Levy Act 2013;

“special vehicle””.

 
 

HGV Road User Levy Bill

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16      

Power to install equipment for detection of offences under section 11

(1)   

In section 95A of the Highways Act 1980 (power of highway authority to install

equipment for detection of traffic offences)—

(a)   

in the sidenote, after “traffic offences” there is inserted “etc”;

(b)   

in the body of the section, after “traffic offences” there is inserted “or

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offences under section 11 of the HGV Road User Levy Act 2013 (using

or keeping heavy goods vehicle if HGV road user levy not paid)”.

(2)   

In section 49A of the Roads (Scotland) Act 1984 (power of roads authority to

install equipment for detection of traffic offences)—

(a)   

in the sidenote and in the preceding cross-heading, after “traffic

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offences” there is inserted “etc”;

(b)   

in the body of the section, after “traffic offences” there is inserted “or

offences under section 11 of the HGV Road User Levy Act 2013 (using

or keeping heavy goods vehicle if HGV road user levy not paid)”.

(3)   

In Article 65A of the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160

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(N.I. 15)) (power of Department to install equipment for detection of traffic

offences)—

(a)   

in the heading, after “traffic offences” there is inserted “etc”;

(b)   

in the body of the Article, after “traffic offences” there is inserted “or

offences under section 11 of the HGV Road User Levy Act 2013 (using

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or keeping heavy goods vehicle if HGV road user levy not paid)”.

Regulations and orders

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Regulations

(1)   

The Secretary of State may make regulations generally for the purpose of

carrying into effect the provisions of this Act.

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(2)   

Regulations under this Act—

(a)   

may make different provision for different cases or circumstances

(including different provision for UK heavy goods vehicles and non-

UK heavy goods vehicles);

(b)   

may make different provision for different parts of the United

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Kingdom;

(c)   

may provide for exemption from any provision of the regulations;

(d)   

may make incidental, consequential, supplementary, transitional,

transitory or saving provision.

(3)   

Nothing in any other provision of this Act limits subsections (1) and (2).

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(4)   

A power under this Act to make regulations is exercisable by the Secretary of

State by statutory instrument.

(5)   

A statutory instrument containing regulations under this Act is subject to

annulment in pursuance of a resolution of the House of Commons.

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Orders

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(1)   

An order under this Act may make transitional, transitory or saving provision.

 
 

HGV Road User Levy Bill

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(2)   

A power under this Act to make an order is exercisable by statutory

instrument.

General

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Interpretation

(1)   

In this Act—

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“the 1994 Act” means the Vehicle Excise and Registration Act 1994;

“heavy goods vehicle”, “UK heavy goods vehicle” and “non-UK heavy

goods vehicle” each has the meaning given in section 2;

“prescribed” means prescribed by regulations;

“revenue weight” has the same meaning as in the 1994 Act (see section

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60A of that Act).

(2)   

Regulations under paragraph 13 of Schedule 1 to the 1994 Act (under which

goods vehicles are in some cases treated as having a lower revenue weight for

the purposes of Part 8 of that Schedule) have effect also for the purposes of this

Act.

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(3)   

For the purposes of this Act—

(a)   

HGV road user levy is paid in respect of a particular day if the levy

charged in respect of the vehicle in question is paid either for that day

or for a period which includes that day;

(b)   

where a person receives a rebate of levy in respect of a vehicle under

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section 7, the person is treated as not having paid levy in respect of the

vehicle for the period starting with the day after the date of the

application for the rebate and ending with the end of the levy period.

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Extent

This Act extends to England and Wales, Scotland and Northern Ireland, except

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that an amendment by this Act of another enactment has the same extent as the

enactment amended.

21      

Commencement

(1)   

This Act comes into force in accordance with provision made by order by the

Secretary of State.

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(2)   

Different provision may be made under subsection (1) for different purposes.

   

In particular, different transitional provision (made by virtue of section 18(1))

may be made for UK heavy goods vehicles and non-UK heavy goods vehicles.

(3)   

Subsection (1) does not apply to sections 17 to 22 (which accordingly come into

force on the day on which this Act is passed).

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22      

Short title

This Act may be cited as the HGV Road User Levy Act 2013.

 
 

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HGV Road User Levy Bill
Schedule 1 — Rates of HGV road user levy

 

Schedules

Schedule 1

Sections 5 and 6

 

Rates of HGV road user levy

1          

Table 1 sets out the rates of levy for each of the Bands given by Tables 2 to 5

and by paragraph 4.

5

2     (1)  

Table 2 applies to a rigid goods vehicle (whether or not used for drawing a

trailer) other than one to which Table 3 applies.

      (2)  

Table 3 applies to a rigid goods vehicle within paragraph 10 of Schedule 1 to

the 1994 Act (rigid goods vehicles used for drawing trailers of more than

4,000 kilograms).

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      (3)  

The appropriate Band for a vehicle to which Table 2 or 3 applies depends

on—

(a)   

the revenue weight of the vehicle, and

(b)   

the number of axles on the vehicle,

           

ignoring any trailer.

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3     (1)  

Table 4 applies to a tractive unit on which there are 2 axles.

      (2)  

Table 5 applies to a tractive unit on which there are 3 or more axles.

      (3)  

The appropriate Band for a vehicle to which Table 4 or 5 applies depends

on—

(a)   

the revenue weight of the tractive unit, and

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(b)   

the number of axles on the semi-trailers that are to be drawn by the

tractive unit.

4          

The appropriate Band for any heavy goods vehicle with a revenue weight of

more than 44,000 kilograms is Band G.

5          

In this Schedule—

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(a)   

“axle”, “rigid goods vehicle” and “tractive unit” each has the same

meaning as in the 1994 Act (see section 62(1) of that Act);

(b)   

a reference to a revenue weight of more than 11,999 kilograms is to

be read as a reference to a revenue weight of 12,000 kilograms or

more.

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HGV Road User Levy Bill
Schedule 1 — Rates of HGV road user levy

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Table 1: Rates for each Band

 

Band

Daily rate

Weekly

Monthly

Half-

Yearly

 
   

rate

rate

yearly rate

rate

 
 

A

£1.70

£4.25

£8.50

£51.00

£85.00

 
 

B

£2.10

£5.25

£10.50

£63.00

£105.00

 

5

 

C

£4.80

£12.00

£24.00

£144.00

£240.00

 
 

D

£7.00

£17.50

£35.00

£210.00

£350.00

 
 

E

£10.00

£32.00

£64.00

£384.00

£640.00

 
 

F

£10.00

£40.50

£81.00

£486.00

£810.00

 
 

G

£10.00

£50.00

£100.00

£600.00

£1,000.00

 

10

 

B(T)

£2.70

£6.75

£13.50

£81.00

£135.00

 
 

C(T)

£6.20

£15.50

£31.00

£186.00

£310.00

 
 

D(T)

£9.00

£22.50

£45.00

£270.00

£450.00

 
 

E(T)

£10.00

£41.50

£83.00

£498.00

£830.00

 

Table 2: Rigid goods vehicle

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Revenue weight of vehicle

2 axle

3 axle

4 or more

 
 

More than

Not more than

vehicle

vehicle

axle vehicle

 
 

kgs

kgs

Band

Band

Band

 
       
 

11,999

15,000

B

B

B

 

20

 

15,000

21,000

D

B

B

 
 

21,000

23,000

C

B

 
 

23,000

25,000

D

C

 
 

25,000

27,000

D

D

 
 

27,000

44,000

E

 

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HGV Road User Levy Bill
Schedule 1 — Rates of HGV road user levy

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Table 3: Rigid goods vehicle with trailer over 4,000 kg

 

Revenue weight of vehicle

2 axle

3 axle

4 or more

 
 

More than

Not more than

vehicle

vehicle

axle vehicle

 
 

kgs

kgs

Band

Band

Band

 
       

5

 

11,999

15,000

B(T)

B(T)

B(T)

 
 

15,000

21,000

D(T)

B(T)

B(T)

 
 

21,000

23,000

C(T)

B(T)

 
 

23,000

25,000

D(T)

C(T)

 
 

25,000

27,000

D(T)

D(T)

 

10

 

27,000

44,000

E(T)

 

Table 4: Tractive unit with two axles

 

Revenue weight of tractive unit

Any no. of

2 or more

3 or more

 
 

More than

Not more than

semi-trailer

semi-trailer

semi-trailer

 
 

kgs

kgs

Band

Band

Band

 

15

       
 

11,999

25,000

A

A

A

 
 

25,000

28,000

C

A

A

 
 

28,000

31,000

D

A

 
 

31,000

34,000

E

C

 

20

 

34,000

38,000

F

E

 
 

38,000

44,000

G

 

Table 5: Tractive unit with three or more axles

 

Revenue weight of tractive unit

Any no. of

2 or more

3 or more

 
 

More than

Not more than

semi-trailer

semi-trailer

semi-trailer

 

25

 

kgs

kgs

Band

Band

Band

 
       
 

11,999

28,000

A

A

A

 
 
 

HGV Road User Levy Bill
Schedule 2 — Legal proceedings

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Revenue weight of tractive unit

Any no. of

2 or more

3 or more

 
 

More than

Not more than

semi-trailer

semi-trailer

semi-trailer

 
 

28,000

31,000

C

A

A

 
 

31,000

33,000

E

C

A

 
 

33,000

34,000

E

D

A

 

5

 

34,000

36,000

E

D

C

 
 

36,000

38,000

E

D

 
 

38,000

44,000

G

E

 
 

Schedule 2

Section 12

 

Legal proceedings

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Proceedings in England and Wales or Northern Ireland

1     (1)  

Proceedings in England and Wales or Northern Ireland for an offence under

section 11 may be instituted only—

(a)   

by the Secretary of State, or

(b)   

by a constable with the approval of the Secretary of State.

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      (2)  

Proceedings in England and Wales or Northern Ireland for an offence under

section 11 may be started at any time within 6 months from the date on

which evidence sufficient, in the opinion of the person instituting the

proceedings, to justify the proceedings came to the person’s knowledge.

      (3)  

No proceedings may be started by virtue of sub-paragraph (2) more than

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three years after the commission of the offence.

      (4)  

A certificate—

(a)   

stating that the Secretary of State’s approval is given for the

institution by a constable of the proceedings specified in the

certificate, and

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(b)   

signed by or on behalf of the Secretary of State,

           

is conclusive evidence of that approval.

      (5)  

A certificate—

(a)   

stating the date on which the evidence referred to in sub-paragraph

(2) came to the knowledge of the person instituting the proceedings,

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and

(b)   

signed by or on behalf of that person,

           

is conclusive evidence of that date.

      (6)  

A certificate—

(a)   

including a statement under paragraph (a) of sub-paragraph (4) or

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(5), and

 
 

 
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Revised 31 January 2013