The Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021

Statutory Instruments

2021 No. 988

Road Traffic

The Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021

Approved by both Houses of Parliament

Made

at 1.25 p.m. on 6th September 2021

Laid before Parliament

at 3.30 p.m. on 6th September 2021

Coming into force

31st October 2021

The Secretary of State, being satisfied that it is desirable to do so, makes the following Order in exercise of the powers conferred by section 20(1) and (2) of the Road Traffic Regulation Act 1984(1).

This Order does not have effect unless and until it has been approved by a resolution of each House of Parliament in accordance with section 20(4) of the Road Traffic Regulation Act 1984.

Citation, commencement and extent

1.  This Order—

(a) may be cited as the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021;

(b) comes into force on the 31st October 2021; and

(c) extends to England and Wales and Scotland.

Amendment of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019

2.—(1) The Heavy Commercial Vehicles in Kent (No.2) Order 2019(2) is amended as follows.

(2) In article 1 (citation, commencement and expiry)—

(a) in the heading, for “, commencement and expiry”, substitute “and commencement”; and

(b) omit sub-paragraph (c).

(3) In article 3 (restricted access to local roads in Kent)—

(a) omit paragraph (A1);

(b) omit sub-paragraph (1)(b);

(c) in paragraph (2)—

(i) omit the definitions of “border documents” and “Kent Access Permit”;

(ii) omit the definition of “cross-Channel permit” and “local haulier permit”, and after the definition of “Kent”, insert ““local haulier permit” has the meaning given in article 7(1) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019(3);”;

(iii) for the definition of “the relevant class of road”, substitute—

“(a) the A2070 link road from its junction with the A2070 (Bad Munstereifel Road) to Junction 10a of the M20 Motorway;

(b) the A20 between Greater London’s boundary with Kent (adjacent to the point where the B2173 joins the London-bound carriageway of the A20) and the beginning of the M20 Motorway (Junction 1 near Swanley);

(c) the A249 between Stockbury Roundabout (Junction 5 of the M2 Motorway) and Newnham Court Roundabout (Junction 7 of the M20 Motorway);

(d) the A2 between Greater London’s boundary with Kent (approximately 300 metres west of the exit slip road from the coastbound carriageway of the A2 to Old Bexley Lane) and the beginning of the M2 Motorway (Junction 1 near Strood); and

(e) the A20 between the end of the M20 Motorway (Junction 13) and the end of the A20 (Eastern Docks Roundabout).”; and

(d) omit paragraph (3).

(4) In article 4 (restricted use of specified dual carriageways)—

(a) in paragraph (1), for “a road in the relevant class of road”, substitute “the southbound carriageway of the A249 between Stockbury Roundabout (Junction 5 of the M2 Motorway) and Newnham Court Roundabout (Junction 7 of the M20 Motorway).”; and

(b) omit paragraph (2).

Signed by authority of the Secretary of State for Transport

Rachel Maclean

Parliamentary Under Secretary of State

Department for Transport

At 1.25 p.m. on 6th September 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 (S.I. 2019/1394) (“the 2019 Order”).

Article 2(2) removes article 1(c) of the 2019 Order which provided that the 2019 Order would cease to have effect at the end of 31st October 2021. The 2019 Order therefore continues in force beyond that date.

Article 2(3) omits from article 3 of the 2019 Order:

(a) paragraph (A1), which restricted the driving of a cross-Channel heavy commercial vehicle on the local road network in Kent (i.e. most roads in Kent except the motorway network) without a Kent Access Permit;

(b) sub-paragraph (1)(b), which provided for cross-Channel heavy commercial vehicles to be excepted from the restriction on access to the local road network during a traffic restriction period where they were being used on the route between Manston Airfield and the Port of Dover and were displaying a permit; and

(c) definitions that are no longer used.

Article 2(3) also amends the definition of “the relevant class of road” to remove roads leading to Manston Airfield and include other roads, such as those leading to the Sevington and Ebbsfleet Inland Border Facilities.

Article 2(4) amends a restriction on cross-Channel lorries using both lanes of specified dual carriageways to omit roads leading to Manston Airport.

A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the private, public or voluntary sectors. An Explanatory Memorandum has been prepared for this Order and is available alongside this instrument on the UK Legislation website www.legislation.gov.uk.

(1)

1984 c. 27; section 20(3) was substituted by the New Roads and Street Works Act 1991 (c. 22), section 168(1) and Schedule 8, paragraph 32.

(2)

S.I. 2019/1394, as amended by S.I. 2020/1155.

(3)

S.I. 2019/1210, as amended by S.I. 2020/1146, S.I. 2021/109 and S.I. 2021/973.