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Statutory Instruments

2005 No. 1142

ROAD TRAFFIC

The A21 Trunk Road (Lamberhurst Bypass) (24 Hours Clearway) Order 2005

Made

2nd March 2005

Coming into force

23rd March 2005

The Secretary of State for Transport in exercise of the powers conferred by sections 1(1), 2(1) and (2), 4(1) and 122(A) of, and paragraph 27(1) of Schedule 9 to, the Road Traffic Regulation Act 1984(1), and of all other powers enabling him in that behalf, having consulted with the chief officer of Kent Police, hereby makes the following Order:

1.  This Order may be cited as the A21 Trunk Road (Lamberhurst Bypass) (24 Hours Clearway) Order 2005 and shall come into force on 23rd March 2005.

2.  In this Order—

“the new trunk road” means the new trunk road near Lamberhurst in the Borough of Tunbridge Wells in the County of Kent being constructed in pursuance of the trunk road order;

“the trunk road order” means the new trunk road being provided in pursuance of the A21 Trunk Road (Lamberhurst Bypass) Order 1976(2).

3.  Save as provided in article 4 below, no person shall cause or permit any vehicle to wait on any part of the new trunk road, specified in the Schedule to this Order, except upon the direction of, or with the permission of, a police officer in uniform or a traffic warden.

4.  Nothing in article 3 shall apply—

(a)to render it unlawful to cause or permit a vehicle waiting on any part of the new trunk road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i)the removal of any obstruction to traffic,

(ii)the maintenance, improvement or reconstruction of the trunk road, or

(iii)the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the trunk road of any sewer, main, pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984(3); or

(b)in relation to a vehicle being used—

(i)for police, ambulance or fire brigade purposes,

(ii)in the service of a local authority in pursuance of statutory powers or duties,

(iii)in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991(4); or

(c)in relation to a vehicle waiting when the person in control of it is—

(i)required by law to stop,

(ii)obliged to stop in order to avoid an accident, or

(iii)prevented from proceeding by circumstances outside his or her control.

Signed by authority of the Secretary of State for Transport

Peter Wallwork

Divisional Director Highways Agency

Department for Transport

2nd March 2005

THE SCHEDULE

The length of the new trunk road at Lamberhurst in the Borough of Tunbridge Wells in the County of Kent from the roundabout being constructed in pursuance of the trunk road order at the junction of A262 and B2162, to the roundabout being constructed in pursuance of the trunk road order to the east of the junction between the trunk road and the B2169 a total distance of approximately 2290 metres (all distances are measured along that length of road).

(1)

1984 c. 27; sections 1(1) and 2(1) and (2) were amended by the New Roads and Street Works Act 1991 (c. 22), section 168 and Schedule 8, paragraphs 17(2) and 18(2) and (3); and section 122(A) was inserted by section 24 of that Act.

(2)

S.I. 1996/1845.

(3)

S.I. 1984 c. 12.

(4)

S.I. 1981 c. 56.