S.L. 499.74 Art. 9Heavy-duty vehicles.

(1) The Authority shall vary infrastructure charges and user charges for heavy-duty vehicles in accordance with the provisions of this regulation and regulation 10.

(2) The Authority shall apply the variation to the sub-groups of heavy-duty vehicles covered by Article 2(1)(a) to (d) of Regulation

(EU) 2019/1242 at the latest two (2) years after the publication of the reference CO emissions for those vehicle sub-groups in the 2 implementing acts adopted in accordance with Article 11(1) of Regulation (EU) 2019/1242.

(3) For CO emission classes 1, 4 and 5, referred to in sub-2 regulation (7), that variation shall apply to the groups of heavy-duty vehicles not covered by Article 2(1)(a) to (d) of Regulation (EU) 2019/ 1242, at the latest two (2) years following the publication of the reference CO emissions in implementing acts adopted pursuant to 2 Article 7ga(7) of Directive 1999/62/EC for the relevant group.

(4) Where point 5.1 of Annex I to Regulation (EU) 2019/ 1242 is amended by a Union legislative act in such a way as to cover the reference CO emissions relevant for a group of heavy-duty 2 vehicles, such reference CO emissions shall no longer be determined 2 according to these regulations but in accordance with point 5.1 of Annex I to Regulation (EU) 2019/1242, as may be amended from time to time.

(5) Where emission reduction trajectories for groups of heavy-duty vehicles not covered by Article 2(1)(a) to (d) of Regulation

(EU) 2019/1242, are determined by a Union legislative act amending point 5.1 of Annex I of Regulation (EU) 2019/1242, the variations for CO emission classes 2 and 3, as defined in sub-regulation (7) shall 2 apply from the date of entry into force of the new emission reduction trajectories.

(6) Without prejudice to the reduction of rates provided for in sub-regulation (9), the Authority may provide for reduced rates of infrastructure or user charges, or exemptions to pay infrastructure or user charges for zero-emission vehicles of any vehicle group from 24th March 2022 until 31st December 2025. With effect from 1st January 2026, such reductions shall be limited to seventy-five percent (75%) compared to the charge applicable to CO emission class 1, as defined 2 in sub-regulation (7).

(7) Without prejudice to sub-regulations (1) to (6), the Authority shall establish for each type of heavy-duty vehicle the following CO emission classes: 2

(a) CO emission class 1 which are vehicles that do 2 not belong to any of the CO emission classes referred to in 2 paragraphs (b) to (e);

(b) CO emission class 2 which are vehicles of the 2 vehicle sub-group sg registered for the first time in the reporting period of the year Y with CO emissions more than 2 five percent (5%) below the emission reduction trajectory for the reporting period of the year Y and the vehicle sub-group sg but not belonging to any of the CO emission classes referred to 2 in paragraphs (c), (d) and (e);

(c) CO emission class 3 which are vehicles of the 2 vehicle sub-group sg registered for the first time in the USER CHARGES TO VEHICLES

reporting period of the year Y with CO emissions more than 2 eight percent (8%) below the emission reduction trajectory for the reporting period of the year Y and the vehicle sub-group sg not belonging to any of the CO emission classes referred to in 2 paragraphs (d) and (e);

(d) CO emission class 4 which are low-emission 2 heavy-duty vehicles; and

(e) CO emission class 5 which are zero-emission 2 vehicles.

(8) The Authority shall ensure that the classification of a vehicle belonging to CO emission class 2 or 3 is reassessed every six 2

(6) years after the date of its first registration and that, where relevant, the vehicle is reclassified in the relevant emission class on the basis of the thresholds applicable at that time. Reclassification shall, with regard to a user charge, take effect at the latest on its first day of validity on or after the day of that reclassification.

(9) Without prejudice to sub-regulations (1) to (6), reduced charges shall apply to vehicles in CO emission classes 2, 3, 4 and 5 as 2 follows:

(a) for CO emission class 2 a five percent (5%) to 2 fifteen percent (15%) reduction when compared to the charge applicable for CO emission class 1; 2

(b) for CO emission class 3 a fifteen percent (15%) 2 to thirty percent (30%) reduction when compared to the charge applicable for CO emission class 1; 2

(c) for CO emission class 4 a thirty percent (30%) to 2 fifty percent (50%) reduction when compared to the charge applicable for CO emission class 1; 2

(d) for CO emission class 5 a fifty percent (50%) to 2 seventy-five percent (75%) reduction when compared to the charge applicable for CO emission class 1. 2

(10) Where the infrastructure charge or the user charge is also varied according to the Euro emission class, the reductions referred to in sub-regulation (9) shall apply as compared to the charge applied to the strictest Euro emission standards.

(11) The variations referred to in this regulation shall not be designed to generate additional revenues.