The European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025

Published: Wed 19th Nov 25

These Regulations, enacted under the European Union (Future Relationship) Act 2020, amend several pieces of assimilated legislation concerning the European Registers of Road Transport Undertakings (ERRU) to align UK procedures with post-Brexit requirements established by the Trade and Cooperation Agreement (TCA) through SCRT decisions.

The modifications focus on updating data disclosure requirements for road transport operators, specifying new data fields such as risk rating bands and vehicle registration numbers in electronic registers, adjusting timeframes for data access, and refining the classification of serious infringements that could lead to the loss of good repute, ensuring continuity and cooperation between the UK and EU regarding road transport operator licensing and oversight.

Arguments For

  • The amendments implement decisions made by the Specialised Committee on Road Transport (SCRT) under the Trade and Cooperation Agreement (TCA), ensuring the UK's regulatory framework for road transport operators aligns with post-Brexit intergovernmental agreements.

  • Changes to Regulation (EC) No 1071/2009 in Regulation 2 mandate the inclusion of key operational data, like vehicle registration numbers and risk rating bands, in national electronic registers, improving operational monitoring and data availability upon request within justified time limits (e.g., reduced data access time from 30 to five working days).

  • Regulation 4 updates the classification of serious infringements in Commission Regulation (EU) 2016/403, adapting UK law to reflect post-2020 changes and specific TCA requirements concerning the loss of good repute for road haulage operators.

  • Amendments in Regulations 3 and 5 harmonize data fields within the national electronic registers and the interconnection framework (ERRU), ensuring consistency regarding UK licences ('UK licence for the Community or UK licence for the Community for goods transport') and defining 'Participating country' to include both the UK and Member States.

Arguments Against

  • The regulations represent a significant legislative effort to transpose and amend complex, highly technical pre-existing EU law into UK domestic legislation, potentially leading to administrative burden for compliance officers adapting to new data requirements and timelines.

  • Introducing new data requirements, such as 'Risk rating band' and specific vehicle details, into the national registers (Regulation 2 and 3) increases the operational complexity for UK road transport operators who must now ensure their records meet these specific post-TCA bilateral standards.

  • Altering established timeframes, such as reducing the data availability period for certain information to five working days (Regulation 2(2)(a)(iii)(cc)), may impose immediate time pressures on UK authorities responsible for data provision.

  • The extensive technical amendments across multiple regulations (Regulations 2, 3, 4, 5) necessitate close coordination and potential IT system updates for the national electronic registers to interface effectively with the ERRU according to the new specifications outlined in Regulation 5.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 31(1) and (2) of, and paragraph 27 of Schedule 5 to, the European Union (Future Relationship) Act 20201.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025 and come into force on 1st January 2026.

(2)

These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of Regulation (EC) No 1071/20092.

(1)

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator2 is amended as follows.

(2)

In Article 16 (National electronic registers)—

(a)

in paragraph 2—

(i)

in point (c), for “to meet the conditions as” substitute “as meeting the requirements laid down in Article 3 relating”;

(ii)

at the end of point (f) insert—

“;

(g)

in the case of an undertaking which engages in the occupation of road haulage operator, the registration numbers of the vehicles at the disposal of the undertaking;

(h)

in the case of an undertaking which engages in the occupation of road haulage operator, the risk rating band of the undertaking”;

(iii)

in the second subparagraph—

(aa)

for “points (e) and (f)” substitute “points (e) to (h)”;

(bb)

for the second sentence substitute “In such cases, the data referred to in points (e) and (f) must be made available upon request or be directly accessible to all the competent authorities”;

(cc)

for “30 working days” substitute “five working days”;

(iv)

after the second subparagraph, insert—

“The data referred to in points (g) and (h) of the first subparagraph must be made available to the competent authorities during roadside checks.”;

(v)

in the final subparagraph, for “In any case, the data referred to in points (e) and (f)”, substitute “The data referred to in points (e) to (h)”;

(b)

in paragraph 4, omit from “, in particular” to the end of that sentence.

Amendment of Commission Decision 2009/992/EU3.

(1)

The Annex to Commission Decision of 17 December 2009 on minimum requirements for the data to be entered in the national electronic register of road transport undertakings3 is amended as follows.

(2)

After “Community licence”, in each place it occurs, except in the first indent in the row corresponding to the data item “Type” in the third column headed “Additional description of data field”, insert “or UK licence for the Community”.

(3)

In the rows relating to the data category “Transport undertaking”, after the row relating to the data item “Legal form”, insert—

“Risk rating band

Declaration of either:

  • ‘Grey’

  • ‘Green’

  • ‘Amber’

  • ‘Red’

Total number of Managed Vehicles

Free text numeric field

1-6”.

(4)

In the rows relating to the data category “Authorisation”—

(a)

in the row corresponding to the data item “Type”, in the third column headed “Additional description of data field”, after the third indent, insert “— ‘Community licence or UK licence for the Community for goods transport, exclusively ≤3.5 t’”;

(b)

for the row corresponding to the data item “Number of vehicles covered”, substitute—

“Number of vehicles managed under the authorisation

Free text numeric field

1-6”;

(c)

in the row corresponding to the data item “Vehicle registration number”, omit table note (a);

(d)

in the row corresponding to the data item “Authorisation status”, in the final column omit

“1-20”;

(e)

in the row corresponding to the data item “Reason for suspension or withdrawal of the Community licence”, in the final column omit “1-100”;

(f)

after the row corresponding to the data item “Serial number of certified true copy of Community licence”, insert—

“Start Date of the certified true copy

Numeric data entry in ISO 86014 format (YYYY-MM-DD)

10

Expiry Date of the certified true copy

Numeric data entry in ISO 8601 format (YYYY-MM-DD)

10”;

(g)

after the row corresponding to the data item “Date of withdrawal of certified true copy”, insert—

“Suspension Date of the certified true copy

Numeric data entry in ISO 8601 format (YYYY-MM-DD)

10”;

(h)

in the second column,

for “Expiry date of withdrawal of certified copy”, substitute “Expiry date of the suspension of the certified true copy”.

(5)

After the rows relating to the data category “Authorisation”, insert—

“Authorisation for data related to vehicles hired without a driver (undertakings that engage in the occupation of road haulage operator)

Vehicle registration number

Free text alpha-numeric field

1-15

Country of Registration of Vehicle

Selected from two letter code ISO 3166-15 alpha 2, or ‘UK’

2”.

(6)

In the rows relating to the data category “Legal representative of the undertaking (where appropriate)”, in the row corresponding to the data item “Place of birth”, in the third column, for “Free alpha text” substitute “Free text alpha-numeric field”.

(7)

In the rows relating to the data category “Transport Manager”, after the row corresponding to the data item “Country of issue of the certificate of professional competence”, insert—

“Validity of certificate of professional competence

Declaration of either:

  • ‘Valid’

  • ‘Invalid’”.

(8)

In the rows relating to the data category “Serious infringement”, for “Member State” substitute “Country”.

(9)

In the rows relating to the data category “Unfit Person”—

(a)

in the row corresponding to the data item “Reason for declaration of unfitness”, in the final column omit “1-100”;

(b)

in the row corresponding to the data item “Current rehabilitation measure”, in the second column, after “Current rehabilitation measure”, insert (undertakings that engage in the occupation of road passenger transport operator)”;

(c)

after the row corresponding to the data item “Current rehabilitation measure”, insert—

“Current rehabilitation measure (undertakings that engage in the occupation of road haulage operator)

Declaration of either:

  • ‘Appropriate training of at least three months’

  • ‘Exam on the subjects listed in Part I of Annex I to Regulation (EC) No 1071/2009’”.

Amendment of Commission Regulation 2016/4034.

(1)

Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator6 is amended as follows.

(2)

After the heading to Annex I (Categorisation of serious infringements), in the unnumbered paragraph before the heading to Section 1 (Groups of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council7 (Driving and resting time)), at the end, insert “or of distorting competition in the road transport market, or both”.

(3)

In row 4 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute—

“Exceed daily driving time of 9h by 50 % or more

13h30 ≤ ...”.

(4)

In row 7 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute—

“Exceed daily driving time of 10h by 50 % or more

15h ≤ ...”.

(5)

In row 9 of the table comprising Section 1, in the fourth column (Type of infringement), for “70” substitute “70h”.

(6)

For row 28 of the table comprising Section 1, substitute—

“28.

Article 8.6

Exceeding 6 consecutive 24-hour periods following the previous weekly rest period

3h ≤ … < 12h

X

28A.

12h ≤ ...

X

28B.

Article 8.6b

No compensation rest for two consecutive reduced weekly rest periods

X

28C.

Article 8.8

Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle

X

28D.

Article 8.8

The employer not covering costs for accommodation outside the vehicle

X”.

(7)

For row 32 (Work organisation) of the table comprising Section 1, substitute—

“A32.

Article 8.8a

Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s operational centre, or to return to the drivers’ place of residence

X

32.

Article 10.1

Link between wage or payment and one or more of—

distance travelled;

speed of delivery;

amount of goods carried

X”.

(8)

In Section 2 (Groups of infringements against Regulation (EU) No165/2014 of the European Parliament and of the Council8 (Tachograph)), for row 1 of the table, substitute—

“1.

Article 3.1, 1za, 1a and 1b and Article 22

Not having type-approved tachograph installed and used

X”.

(9)

In row 9 of the table comprising Section 2, for the words in the third column (Type of infringements), substitute “Having in the vehicle or using a fraudulent device able to modify the records of the tachograph”.

(10)

After the sub-heading “Producing information”, but before row 20, in the table comprising Section 2, insert—

“A20.

Article 34.5, point (b)(v)

Incorrect use or non-use of the ferry/train sign

X

B20.

Article 34.6

Required information not entered on the record sheet

X

C20.

Article 34.7

Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period

X

D20.

Article 34.7

Records not showing the symbols of the countries where the driver’s daily working period started and finished

X”.

(11)

Omit rows 21 and 22 of the table comprising Section 2.

(12)

In row 4 of the table comprising Section 6 (Groups of infringements against Council Directive 92/6/EEC9 (Speed limitation devices)), in the third column (Type of infringements)—

(a)

for “Using”, substitute, “Having or using”;

(b)

for “using”, substitute, “having or using”.

(13)

For the table comprising Section 10 (Groups of infringements against Regulation (EC) No 1072/2009 of the European Parliament and of the Council10 (Access to the international road haulage market)), substitute—

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

UK licence for the Community or Community licence

1.

Article 3 and Article 8.1

Carrying goods without holding a valid UK licence for the Community or Community licence issued by a Member State (i.e. a UK licence for the Community or Community licence issued by a Member State is non-existent, falsified, withdrawn, expired, etc.)

X

2.

Article 4

The haulage undertaking or the driver unable to present a valid UK licence for the Community or a valid certified true copy of such a licence to the inspecting officer (i.e.: UK licence for the Community or certified true copy thereof lost, forgotten, damaged, etc.)

X

Driver attestation or EU driver attestation

3.

Article 3 and Article 8.1

Carrying goods without holding a valid driver attestation or a valid EU driver attestation (i.e. driver attestation or EU driver attestation is non-existent, falsified; withdrawn, expired, etc.)

X

4.

Article 5

The driver or the haulage undertaking unable to present a valid EU driver attestation or a valid certified true copy of the EU driver attestation to the inspecting officer (i.e. EU driver attestation or certified true copy of the EU driver attestation lost, forgotten, damaged, etc.)

X

Cabotage

5.

Article 9

Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the United Kingdom

X”.

(14)

Omit Section 11 (Groups of infringements against Regulation (EU) No1073/2009 of the European Parliament and of the Council11 (Access to the market for coach and bus services)).

(15)

After Section 12, insert—
“13. Infringement against Regulation (EC) No 593/2008 of the European Parliament and of the Council 12 (law applicable to contractual obligations)

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

1.

Regulation (EC) No 593/2008

Violation of the law applicable to contractual obligations

X

14. Groups of infringements against obligations under the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part entered into on 30th December 2020 13

No.

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

1.

Article 462, paragraphs 3 to 7

Failure to comply with the limitations on the number of journeys

X

2.

Article 463(3)

The haulage undertaking or the driver unable to present a valid Community licence or a valid certified true copy of such a licence to the inspecting officer (i.e. Community licence or certified true copy thereof lost, forgotten, damaged, etc.)

X

Section 2 of Part A of Annex 31

3.

Article 6(1), point (a)

Incomplete information on the posting declaration

X

4.

Article 6(1), point (b)

Failure to submit a posting declaration to the country to which the driver is posted no later than the commencement of the posting

X

5.

Article 6(1), point (b)

Falsified posting declaration for drivers

X

6.

Article 6(1), point (b)

Impossibility of the driver to present a valid posting declaration

X

7.

Article 6(1), point (b)

Failure to put at the disposal of the driver a valid posting declaration

X

8.

Article 6(1), second subparagraph

Failure to submit the requested documents to the host country within eight weeks from the date of the request

X

9.

Article 6(4)

Failure of the operator to keep the posting declaration up to date in the public interface connected to IMI

X”.

(16)

In Annex II (Frequency of occurrence of serious infringements)—

(a)

in paragraph 1—

(i)

omit “of a Member State of establishment”;

(ii)

for “Member States”, substitute “the competent authority”;

(iii)

in point (c), for “drivers” substitute “vehicles”;

(b)

in paragraph 2, for “driver, in both places it occurs, substitute “vehicle”;

(c)

in paragraph 3—

(i)

for “driver”, substitute “vehicle”;

(ii)

for “drivers employed”, substitute “vehicles used”;

(iii)

for “Member States”, substitute “The competent authority”;

(iv)

for “their national administrative procedure”, substitute “the national administrative procedure”.

(17)

Omit Annex III (Infringements).

Amendment of Commission Implementing Regulation (EU) 2016/4805.

(1)

Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings14 is amended as follows.

(2)

In Article 1 (subject matter), for “Article 16(5) of Regulation (EC) No 1071/2009 substitute “Articles 13 (national electronic registers) and 14 (administrative cooperation between competent authorities) of Section 1 (occupation of road haulage operator) of Part A of Annex 31 to the Trade and Cooperation Agreement”.

(3)

In Article 2—

(a)

in the words before point (a), after “Article 2 of Regulation (EC) No 1071/2009,” insert “other than the definition of ‘Competent authority’ in that Article,”;

(b)

in point (a) (definition of “ERRU”), for “Article 16(5) of Regulation (EC) No 1071/2009 substitute “with Articles 13 and 14 of Section 1 of Part A of Annex 31 to the Trade and Cooperation Agreement”;

(c)

in point (c) (definition of “Broadcast search”)—

(i)

for “Member State”, substitute “participating country”;

(ii)

for “Member States”, substitute “participating countries”;

(d)

in point (d) (definition of “Central hub”), for “Member States”, substitute “participating countries”;

(e)

after point (d) insert—

(da)

‘Clean check’ means a check where no infringements are detected;

(db)

‘Competent authority’ means—

(i)

in Great Britain, a traffic commissioner;

(ii)

in Northern Ireland, the Department for Infrastructure;

(iii)

in a Member State, a national, regional or local authority in that Member State which, for the purpose of authorising the pursuit of the occupation of road transport operator, verifies whether an undertaking satisfies the conditions laid down in Regulation 1071/200915 as it has effect in EU law as amended from time to time, and which is empowered to grant, suspend or withdraw an authorisation to pursue the occupation of road transport operator;”;

(f)

in point (f) (definition of “Member State of infringement”)—

(i)

for “Member State”, in the first place it occurs, substitute “Country”;

(ii)

for “Member State”, in the second place it occurs, substitute “participating country”;

(g)

in point (g) (definition of “Member State of establishment”)—

(i)

for “Member State”, in the first place it occurs, substitute “Country”;

(ii)

for “Member State”, in the second place it occurs, substitute “participating country”;

(h)

in point (h) (definition of “National system”), for “Member State”, substitute “participating country”;

(i)

after point (h), insert—

(ha)

‘Participating country’ means a Member State or the United Kingdom, or a Member State and the United Kingdom, as the context requires;”;

(j)

in point (j) (definition of “Requesting Member State”)—

(i)

for “Member State”, in the first place it occurs, substitute “country”;

(ii)

for “Member State”, in the second place it occurs, substitute “participating country”;

(iii)

for “Member States” substitute “countries”;

(k)

in point (k) (definition of “Responding Member State”)—

(i)

for “Member State”, in the first place it occurs, substitute “country”;

(ii)

for “Member State”, in the second place it occurs, substitute “participating country”;

(l)

at the end of point (k), insert—

“;

(l)

‘Trade and Cooperation Agreement’ has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020”.

(4)

In Article 3 (obligation to connect to ERRU)—

(a)

in the first paragraph—

(i)

for “Member States”, substitute “Participating countries”;

(ii)

for “Article 16 of Regulation (EC) No 1071/2009 substitute “Articles 13 and 14 of Section 1 of Part A of Annex 31 to the Trade and Cooperation Agreement”;

(b)

omit the second paragraph.

(5)

In Article 5 (use of ERRU)—

(a)

in paragraph 2—

(i)

for “Member States”, substitute “Participating countries”;

(ii)

for “ERRU Check Community Licence” substitute “Check Transport Undertaking Data”;

(b)

in paragraph 3, for “Member State”, substitute “participating country”.

(6)

In Article 7 (entry into force), omit the third paragraph.

(7)

In Annex I (general aspects of ERRU)—

(a)

in point 1 (architecture)—

(i)

in point 1.1—

(aa)

for “Member State”, in each place it occurs, substitute “country”;

(bb)

for “Member States”, substitute “countries”;

(ii)

in point 1.2, for “Member State”, substitute “participating country”;

(b)

in point 2 (management)—

(i)

in point 2.4, for “Member States” substitute “Participating countries”;

(ii)

in point 2.5 (MOVEHUB web portal)—

(aa)

in point (a), for “Member State” substitute “Participating country”;

(bb)

in point (b), for “Member State” substitute “participating country”;

(iii)

in point 2.6 (contact management)—

(aa)

for “Member State”, in both places it occurs, substitute “participating country”;

(bb)

for “Member State’s” substitute “participating country’s”;

(cc)

for “Member States” substitute “participating countries”.

(8)

In Annex II (ERRU functionalities)—

(a)

in point 1.1—

(i)

for “Member State”, substitute “country”;

(ii)

for “Member States”, substitute “countries”;

(b)

for point 1.2, substitute—

“1.2

Notification of Check Result (NCR): allows the participating country where the check was carried out to notify the result of a check to the country of establishment. When a serious infringement has been found during the check, the participating country where the infringement was detected notifies the country of establishment through NCR that the transport undertaking has committed a serious infringement, and may request penalties to be applied to the transport undertaking in the country of establishment.

When no infringement has been detected during the check, NCR allows the country where the check has been carried out to notify the country of establishment the positive result of the check.”;

(c)

for point 1.3, substitute—

“1.3

Check Transport Undertaking Data (CTUD): allows the requesting country to send a query to the responding country about the following data that are specific to a transport undertaking:

— information about the UK licence for the Community or Community licence and the certified true copies,

— risk rating band,

— number of vehicles at the disposal of the transport undertaking,

— registration number and registration country of the vehicles at the disposal of the transport undertaking.”;

(d)

after point 1.3 insert—

“1.4

Notification of Unfitness (NU): allows a participating country to inform all other participating countries that a transport manager has been declared unfit and that, as a result, its certificate of professional competence is no longer valid in any participating country.”.

(9)

In Annex III (ERRU message provisions), in point 1 (general technical requirements), for “Member States”, in both places it occurs, substitute “Participating countries”.

(10)

In the Appendix to Annex III—

(a)

in the table entitled “Minimum requirements for the content of XML messages”—

(i)

in the row relating to “Workflow Identifier”, in the second column, for “Member State”, substitute “country”;

(ii)

in the row relating to “Timeout”, in the second column, for “Member State”, substitute “country”;

(iii)

in the row relating to “From”, in the second column, for “Member State”, substitute “participating country”;

(iv)

in the row relating to “To”, in the second column, for “Member State”, substitute “participating country”;

(b)

in the table entitled “Check Good Repute”—

(i)

in the entries under the heading “Check Good Repute Request”, after the row relating to the transport manager’s place of birth, insert—

“Address

The address (including city, postcode and country) of the transport manager.

No”;

(ii)

in the entries under the heading “Check Good Repute Response”—

(aa)

in the row relating to the found transport manager’s place of birth, for the entry in the third column (Mandatory), for “Yes” substitute “No”;

(bb)

after the row relating to the found transport manager’s CPC issue country, insert—

“CPC Validity

Declaration of either ‘Valid’ or ‘Invalid’.

Yes”;

(cc)

after the row relating to the found manager’s fitness, insert—

“Start Date of Unfitness

Start date of unfitness of the transport manager in ISO 8601 format (YYYY-MM-DD).

Yes if ‘Fitness’ is ‘Unfit’.”;

(dd)

for the row relating to the found transport manager’s end date of unfitness, substitute—

“End Date of Unfitness

End date of unfitness of the transport manager in ISO 8601 format (YYYY-MM-DD).

Yes if ‘Fitness’ is ‘Unfit’.”;

(ee)

for the rows relating to the transport undertaking’s Community licence number and Community licence status, substitute—

“Licence Number

The serial number of the UK licence for the Community or Community licence of the transport undertaking (free text alphanumeric field with length 1 to 20).

Yes

Licence Status

The status of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register.

Yes”;

(c)

for the table entitled “Infringement notification” to the end of the Appendix, substitute—

“Notification of Check Result

Notification of Check Result

Mandatory

Business Case Identifier

A serial or reference number identifying each individual notification.

Yes

Notifying Competent Authority

The competent authority that issues the notification.

Yes

Transport Undertaking

Yes

Transport Undertaking Name

The name of the transport undertaking being object of the check.

Yes

Licence Number

The serial number of the UK licence for the Community or Community licence or of the certified true copy of the transport undertaking (free text alphanumeric field with length 1 to 20).

Yes

Vehicle Registration Number

The vehicle registration number of the vehicle checked.

Yes

Vehicle Registration Country

The country in which the vehicle checked is registered.

Yes

General information about the check

Date of check

Date of check in ISO 8601 format (YYYY-MM-DD).

Yes

Clean check

Yes/No

Yes

Minor infringements

Yes, if minor infringement(s) detected during the check

Date of minor infringement

Date of the infringement in ISO 8601 format (YYYY-MM-DD).

Yes

Number of minor infringements

The number of minor infringements detected.

Yes

Serious infringement

Yes, if serious infringement detected during the check

Date of Infringement

Date of the infringement in ISO 8601 format (YYYY-MM-DD).

Yes

Category

The category of the infringement:

  • MSI: Most serious infringement

  • VSI: Very serious infringement

  • SI: Serious infringement.

Yes

Infringement Type

In accordance with the classification provided in Annex IV to Regulation (EC) No 1071/2009 and Annex I to Commission Regulation No (EU) 2016/403.

Yes

Appeal Possible

If an appeal against the infringement is still possible at the time of notification.

Yes/No

Yes

Penalty Imposed (for each serious infringement)

Yes, if relevant

Penalty Imposed Identifier

The serial number of the individual penalty imposed.

Yes

Final Decision Date

The final decision date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).

Yes

Penalty Type Imposed

Declaration of either:

  • 101: ‘Warning’

  • 201: ‘Temporary ban on cabotage operations

  • 202: ‘Fine’

  • 203: ‘Prohibition’

  • 204: ‘Immobilisation’

  • 102: ‘Other’.

Yes

Start Date

The start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).

No

End Date

The end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).

No

Executed

Yes/No

Yes

Penalty Requested (for each Serious Infringement)

No

Penalty Requested Identifier

The serial number of the individual penalty requested.

Yes

Penalty Type Requested

Declaration of either:

  • 101: ‘Warning’

  • 301: ‘Temporary withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’

  • 302: ‘Permanent withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’

  • 303: ‘Temporary withdrawal of the UK licence for the Community or Community licence’

  • 304: ‘Permanent withdrawal of the UK licence for the Community or Community licence’

  • 305: ‘Suspension of the issue of driver attestations’

  • 306: ‘Withdrawal of driver attestations’

  • 307: ‘Issue of driver attestations subject to additional conditions in order to prevent misuse’.

Yes

Duration

The duration of the requested penalty (calendar days).

No

Notification of Check Result Response

Mandatory, if infringement(s) detected during the check

Business Case Identifier

A serial or reference number matching the business case identifier of the notification.

Yes

Originating Competent Authority

The competent authority that issued the original infringement notification.

Yes

Licensing Competent Authority

The competent authority responding to the infringement notification.

Yes

Status Code

The status code of the infringement response (e.g. found, not found, error, etc.).

Yes

Status Message

An explanatory status description (if necessary).

No

Transport Undertaking

Yes

Transport Undertaking Name

The name of the transport undertaking as recorded in the register.

Yes

Transport Undertaking Address

The address of the transport undertaking (including postal code, city, country) as recorded in the register.

Yes

Licence Number

The serial number of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20).

Yes

Licence Status

The status of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register.

Yes

Penalty Imposed

No

Penalty Imposed Identifier

The serial number of the individual penalty imposed (given in the Penalty Requested Identifier of the Notification of Check Result).

Yes

Competent Authority Imposing Penalty

The name of the competent authority imposing the penalty.

Yes

Is Imposed

Yes/No

Yes

Penalty Type Imposed

Declaration of either:

  • 101: ‘Warning’

  • 301: ‘Temporary withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’

  • 302: ‘Permanent withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’

  • 303: ‘Temporary withdrawal of the UK licence for the Community or Community licence’

  • 304: ‘Permanent withdrawal of the UK licence for the Community or Community licence’

  • 305: ‘Suspension of the issue of driver attestations’

  • 306: ‘Withdrawal of driver attestations’

  • 307: ‘Issue of driver attestations subject to additional conditions in order to prevent misuse’

  • 102: ‘Other’.

Yes

Start Date

The start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).

No

End Date

The end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD).

No

Reason

Reason if penalty is not imposed.

No

Notification of Check Result Acknowledgement

Mandatory

Business Case Identifier

A serial or reference number matching the business case identifier of the notification or the response.

Yes

Status Code

Status code of the acknowledgement.

Yes

Status Message

Status Message String.

No

Originating Competent Authority

For a NCRN_Ack: in the legislation this field is represented as ‘Destination Competent Authority Identifier’.

For a NCRR_Ack: in the legislation this field is represented as ‘Acknowledging Competent Authority Identifier’.

Yes

Licensing Competent Authority

For a NCRN_Ack: in the legislation this field is represented as ‘Acknowledging Competent Authority Identifier’.

For a NCRR_Ack: in the legislation this field is represented as ‘Destination Competent Authority Identifier’.

Yes

Acknowledgement Type

Defining Acknowledgement Type

Possible Values:

  • ‘NCRN_Ack’

  • ‘NCRR_Ack’.

Yes

Check Transport Undertaking Data

Check Transport Undertaking Data Request

Mandatory

Business Case Identifier

A serial or reference number identifying each individual request.

Yes

Originating Competent Authority

The competent authority issuing the search request.

Yes

Transport Undertaking Identification

Yes

Transport Undertaking Name

The name of the transport undertaking.

At least two of the search fields are required.

Licence Number

The serial number of the UK licence for the Community or Community licence or of the certified true copy (free text alphanumeric field with length 1 to 20).

Vehicle Registration Number

The registration number of one of the vehicles of the transport undertaking.

Vehicle Registration Country

The country of registration of the vehicle.

Yes, if vehicle registration number provided.

Request All Vehicles

To request the registration numbers of all vehicles managed by the undertaking.

Yes/No

Yes

Check Transport Undertaking Data Response

Mandatory

Business Case Identifier

A serial or reference number identifying each individual request.

Yes

Originating Competent Authority

The competent authority issuing the search request.

Yes

Responding Competent Authority

The competent authority providing the response.

Yes

Status Code

The status code of the response (e.g. found, not found, error, etc.).

Yes

Status Message

An explanatory status description (if necessary).

No

General Information about the Transport Undertaking

Yes, if status code is found

Transport Undertaking Name

The name of the transport undertaking (name and legal form).

Yes

Transport Undertaking Address

The address of the transport undertaking (including postal code, city, country) as recorded in the register.

Yes

Number of Managed Vehicles

The number of vehicles managed as recorded in the register.

Yes

Risk Rating Band

The risk rating band of the undertaking (green, amber, red, grey).

Yes

Licence Details

Yes, if status code is found

Licensing Competent Authority

The competent authority that issued the UK licence for the Community or Community licence to the transport undertaking.

Yes

Licence Number

The serial number of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20).

Yes

Licence Status

The status of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register.

Yes

Licence Type

The type of the UK licence for the Community or Community licence as recorded in the register. A declaration of:

  • ‘UK licence for the Community or Community licence for goods transport’

  • ‘UK licence for the Community or Community licence for goods transport, exclusively ≤ 3.5 t’

  • National licence for goods transport’.

Yes

Start Date

The start date of the UK licence for the Community or Community licence.

Yes

Expiry Date

The expiry date of the UK licence for the Community or Community licence.

Yes

Withdrawal Date

The withdrawal date of the UK licence for the Community or Community licence.

Yes, if found

Suspension Date

The suspension date of the UK licence for the Community or Community licence.

Yes, if found

Suspension Expiry Date

The date on which the UK licence for the Community or Community licence suspension expires.

Yes, if found

Certified True Copy Details

Yes

Certified True Copy Number

The serial number of each certified true copy of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20).

Yes

Start Date

The start date of each certified true copy of the UK licence for the Community or Community licence.

Yes

Expiry Date

The expiry date of each certified true copy of the UK licence for the Community or Community licence.

Yes

Withdrawal Date

The withdrawal date of each certified true copy of the UK licence for the Community or Community licence.

Yes, if found

Suspension Date

The suspension date of the certified true copy of the UK licence for the Community or Community licence.

Yes, if found

Suspension Expiry Date

The date on which each certified true copy of the UK licence for the Community or Community licence suspension expires.

Yes, if found

Vehicle Details

Yes, if value of ‘Request All Vehicles’ in CTUD Request is ‘Yes’.

Vehicle Registration Number

The registration number of each of the vehicles of the transport undertaking.

Yes

Vehicle registration country

The registration country of each of the vehicles of the transport undertaking.

Yes

Notification of Unfitness

Notification of Unfitness

Mandatory

Business Case Identifier

A serial or reference number identifying each individual notification.

Yes

Notifying Competent Authority

The competent authority that issues the notification.

Yes

Transport Manager Details

Yes, if no CPC details

Family Name

Transport manager’s family name as indicated on the CPC.

Yes

First Name

Transport manager’s complete given name as indicated on the certificate of professional competence.

Yes

Date of Birth

Transport manager’s birth date in ISO 8601 format (YYYY-MM-DD).

Yes

Place of Birth

Transport manager’s place of birth.

No

CPC Details

Yes, if no transport manager details

CPC Number

Number of certificate of professional competence.

Yes

CPC Issue Date

Date of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD).

Yes

CPC Issue Country

Issuing country of the CPC in ISO 3166-1 alpha 2 format.

Yes

Declaration of Unfitness

Yes

Start Date of Unfitness

Start date of unfitness, in ISO 8601 format (YYYY-MM-DD).

Yes

Notification of Unfitness Acknowledgement

Mandatory

Business Case Identifier

A serial or reference number matching the business case identifier of the notification.

Yes

Originating Competent Authority

The competent authority issuing the notification.

Yes

Responding Competent Authority

The competent authority providing the acknowledgement.

Yes

Status Code

Status code of the acknowledgement.

Yes

Status Message

Status Message String.

No”.

(11)

In Annex IV (transliteration and NYSIIS services)—

(a)

in point 2, for “Member States”, substitute “Participating countries”;

(b)

in point 3, for “Member States”, substitute “participating countries”.

(12)

In Annex VI (service levels)—

(a)

in point 1.3, for “Member States”, substitute “Participating countries”;

(b)

for point 1.5, for the words before point 1.5.1, substitute—

“When sending Check Good Repute responses, Notification of Check Result acknowledgements, Check Transport Undertaking Data responses and Declaration of Unfitness acknowledgements in accordance with Annex VIII:”;

(c)

in point 1.7, for “Member States”, substitute “participating countries”;

(d)

in point 3 (Maintenance)—

(i)

for “Member States”, in the first place it occurs, substitute “Participating countries”;

(ii)

for “Member States”, in the second place it occurs, substitute “participating countries”.

(13)

In Annex VII (logging and statistics)—

(a)

in point 1, for “Member States”, substitute “participating countries”;

(b)

in point 5, for “Member State”, in both places it occurs, substitute “country”.

(14)

In Annex VIII (use of ERRU)—

(a)

in point 1 (checking the good repute of transport managers)—

(i)

for “Member States”, in the first two places it occurs, substitute “participating countries”;

(ii)

for “Member States”, in the third place it occurs, substitute “countries”;

(b)

for point 2 (exchange of information on infringements) to the end of Annex VIII, substitute—

“2.

NOTIFICATION OF CHECK RESULTS

2.1

For the notification of a serious infringement through ERRU, the country of infringement must send a Notification of Check Result to the country of establishment with the information about the infringement. Infringements not categorised in Regulation (EC) No 1071/2009 need not be notified.

2.2

When no infringement has been detected during the check, a Notification of Check Result must be sent to the country of establishment consisting of the information about the clean check as set out in Annex III.

2.3

A check is not considered as a clean check when minor infringements have been detected. Where only minor infringements have been detected during the check, a Notification of Check Result must be sent to the country of establishment consisting of information about the date and number of minor infringements detected.

2.4

The Notification of Check Result must be sent as soon as possible, and at the latest within 6 weeks of the final decision on the infringements detected, if any, providing the information set out in Annex III.

2.5

The country of establishment must reply to the Notification of Check Result by sending a Notification of Check Result Response, as soon as possible and at the latest within 6 weeks of the final decision on the matter, informing of which, if any, of the penalties requested by the country of infringement have been imposed. If such penalties are not imposed, the Notification of Check Result Response must include the reasons therefor. The Notification of Check Result Response is not necessary when the Notification of Check Result refers to a clean check.

2.6

In all cases, a Notification of Check Result and a Notification of Check Result Response must be acknowledged by means of a Notification of Check Result Acknowledgement.

3.

CHECKING THE TRANSPORT UNDERTAKING DATA

3.1

When checking through ERRU any of the transport undertaking data referred to in point 1.3 of Annex II, a participating country must send a Check Transport Undertaking Data Request to the country of establishment.

3.2

The country of establishment must reply by sending a Check Transport Undertaking Data Response.

3.3

Queries sent through the CTUD functionality must be carried out by entering either the name of the transport undertaking, its UK licence for the Community or Community licence number or the number of any of the certified true copies, or the registration number of any of its vehicles, without being necessary to perform a query by typing more than two of the aforementioned entries.

3.4

Responding countries, when searching in their registers the result of a CTUD request on the basis of either the UK licence for the Community or Community licence or the registration number of a vehicle, must take measures to adapt the format of the data in the search request to the format of the data in the national register. In particular, responding countries, when searching in their registers the result of a CTUD request on the basis of either the UK licence for the Community or Community licence or the registration number of a vehicle, may ignore special characters such as hyphens or slashes. Blanks may also be ignored.

3.5

Responding countries must return to the requesting countries all the information that is available through the XML messages defined in Annex III. If a part of the information requested has not been found, this does not preclude responding countries from providing the rest of the information requested that is available in the register, including the registration number of vehicles with no associated certified true copy.

4.

NOTIFYING THE UNFITNESS OF A TRANSPORT MANAGER

4.1

When a transport manager has been declared to be unfit in one participating country, that country may send a Notification of Unfitness to all other participating countries.

4.2

In all cases, a Notification of Unfitness must be acknowledged by means of a Notification of Unfitness Acknowledgement.”.

Signed by authority of the Secretary of State for Transport

Keir Mather
Parliamentary Under Secretary of State
Department for Transport
Explanatory Note
(This note is not part of the Regulations)

The Regulations implement two decisions of the Specialised Committee on Road Transport (“the SCRT”), established under Article 8 of the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30th December 2020 (“the TCA”), relating to the good repute of road haulage operators and the reconnection of the United Kingdom to the European Register of Road Transport Undertakings (“ERRU”), specifically:

Decision No 1/2025 of the SCRT on a list of categories, types and degrees of seriousness of serious infringements which may lead to the loss of good repute for a road haulage operator (see, in particular, Article 468(5) of, and Article 6(3) of Section 1 of Part 1 of Annex 31 to, the TCA);

Decision No 2/2025 of the SCRT on the national electronic registers of road transport undertakings and the modalities of the exchange of information contained in those registers (see, in particular, Article 468(5) of, and Articles 13(2) and 14(5) of Section 1 of Part A of Annex 31 to, the TCA).

The Regulations amend four pieces of assimilated legislation for this purpose:

  • Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator;

  • Annex to Commission Decision 2009/992/EU of 17 December 2009 on minimum requirements for the data to be entered in the national electronic register of road transport undertakings;

  • Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator;

  • Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings.

Regulation 2 amends Regulation (EC) No 1071/2009 to implement the new requirements for data to be included in the national electronic register (risk rating bands and registration numbers for goods vehicle operators) as reflected in Article 2 of SCRT Decision 2/2025, and the requirements in that Decision as to how data is to be kept and accessed.

Regulation 3 amends the Annex to Commission Decision 2009/992/EU to ensure the requirements for data to be entered into the UK’s national electronic register are consistent with UK laws as they have been amended since 2020 and to reflect in domestic law the adaptations applied to the Commission Decision 2009/992/EU by SCRT Decision 1/2025.

Regulation 4 amends Commission Regulation (EU) 2016/403 to update the list of serious infringements which may lead to the loss of good repute by the road transport operator to reflect changes made in UK legislation since 2020 and the adaptations applied by SCRT Decision 1/2025 to Commission Regulation (EU) 2016/403.

Regulation 5 amends Commission Implementing Regulation (EU) 2016/480 to ensure the UK can connect effectively to ERRU and to reflect the adaptations applied to the Regulation by SCRT Decision 2/2025.

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A De Minimis Assessment has been prepared and is published on legislation.gov.uk alongside this instrument.

An Explanatory Memorandum has been prepared for this instrument and is available alongside this instrument on the UK legislation website: www.legislation.gov.uk.