Brexit analysis: The Haulage Permits and Trailer Registration Bill
The government has introduced legislation on cross-border haulage as the UK continues its preparations for life outside the EU.
As the Government correctly states, the aim of the UK in the negotiations with the EU is to ensure the smoothest possible transition and the most free trade possible. This is largely for economic reasons, drastic change is risky, risk is scary, scary is expensive. The UK Government talks of a “smooth and orderly Brexit” and “future partnership”.
It doesn’t seem like it’s going to be a partnership of equals, at least not right now. And the UK Government knows that, it shows in the proposed bill.
The bill appears to be designed to create powers of flexibility for the government, it self-declares that it does not:
- suggest a preferred set of future arrangements
- dictate what any future arrangements might look like
- impose a hard border between Northern Ireland and the Republic of Ireland
Instead what it seeks to achieve is interesting:
- providing powers that will support British hauliers to continue operating internationally after the UK leaves the EU
- giving the government the necessary framework to introduce new administrative systems if needed after exit
- providing flexibility to deliver any negotiation outcome
Some European countries have agreements with third countries which require a permit as a condition for hauliers to operate across borders. The bill attempts to give the UK government the ability to create a similar arrangement if needed. This is because existing EU regulations (EC 1072/2009 common rules for access to the international road haulage market) that allow UK operators to haul goods in other member states may cease to apply.
It is possible that the future deal with the EU could require a form of permitting system and the government will need to have legal frameworks in place to introduce a new administrative system if required. The bill gives the government this flexibility.
Permits are a key feature of almost all international road freight agreements outside of free trade areas.
Most critically, there are no new restrictions which, on their own, introduce a need for a hard border with Ireland.
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