The Heavy Commercial Vehicles in Kent (No. 3) Order 2019

Citation, commencement and interpretation E+W+S

1.—(1) This Order may be cited as the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 and comes into force at the same time as the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 M1 .

(2) In this Order—

[F1 “border documents” means documents relating to goods that are being exported on a vehicle from the United Kingdom to any other country; ]

[F1 “East Kent” means the geographical area comprised of the areas of Dover District Council, Folkestone and Hythe District Council, Ashford Borough Council, Canterbury City Council, Thanet District Council and Faversham Town Council; ]

[F1 “goods vehicle border readiness internet site” means the internet site designated by the Secretary of State for the provision, in accordance with this Order, of the registered number of a vehicle and information from or about border documents carried on the vehicle or by the driver; ]

“Kent” means the geographical area comprised of the areas of Kent County Council and Medway Council;

“operating centre” has the meaning given in section 7(3) of the Goods Vehicles (Licensing of Operators) Act 1995 M2 (“the 1995 Act”);

“operator's licence” means a licence granted under section 13 of the 1995 Act M3 ;

[F1 “priority goods” means—

(a)

live and fresh fish products for human consumption where—

(i)

“fish” includes shellfish;

(ii)

“fresh” means a non-live fish product that would deteriorate significantly with any delay to its normal export journey (that is without additional refrigeration, freezing or other intervention) after five days from catching, but does not include composite fish products (that is products which contain both fish and a plant product used as a main ingredient);

(iii)

“shellfish” includes molluscs and crustaceans of any kind found in the sea or inland waters;

(b)

day-old chicks, that is all poultry less than 72 hours old not yet fed and muscovy ducks (Cairina moschata) or their crosses, less than 72 hours old whether or not fed, where “poultry” means fowls, turkeys and ducks reared or kept in captivity for breeding or the production of meat or eggs for consumption; ]

[F1 “priority goods permit” means a permit issued in accordance with article 7(C1); ]

[F1 “registered number of a vehicle” is to be construed in accordance with section 23(1) of the Vehicle Excise and Registration Act 1994; ]

“relevant vehicle” means a heavy commercial vehicle M4 authorised to use any part of the M20 [F2 or M2] Motorway by a scheme made under, or having effect as if made under, section 16 of the Highways Act 1980 M5 or by a development consent order made under section 114 of the Planning Act 2008 M6 —

(a)

subject to a direction given by a traffic officer under article 2(3) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019; or

(b)

on a journey to a place outside the United Kingdom—

(i)

via the Channel Tunnel at Folkestone; or

(ii)

which involves embarking from the Port of Dover;

“specified person” means a constable or traffic officer;

“traffic officer” means an individual designated as a traffic officer under section 2 of the Traffic Management Act 2004 M7 ;

“traffic restriction period” is a period of time that—

(a)

begins when traffic signs giving notice of a restriction imposed by article 2(1) are displayed on or near the coastbound carriageway of the M20 Motorway between Junction 7 (Maidstone) and Junction 8 (Maidstone (East)); and

(b)

ends when all such signs are lawfully removed or obscured.

Textual Amendments

F1 Words in art. 1(2) inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(2)(a); S.I. 2020/1386, art. 1(b)

F2 Words in art. 1(2) inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(2)(b); S.I. 2020/1386, art. 1(b)

Commencement Information

I1 Art. 1 in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Marginal Citations

M1 S.I. 2019/1388

M2 1995 c. 23.

M3 Section 13 was substituted by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 5.

M4 See section 138 of the Road Traffic Regulation Act 1984 for the meaning of “heavy commercial vehicle”.

M5 1980 c. 66; section 16 was amended by the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraph 24 and the Infrastructure Act 2015 (c. 7), section 1(6) and Schedule 1, paragraph 13.

M6 2008 c. 29; section 114(1) was amended by the Localism Act 2011 (c. 20), section 128(2) and Schedule 13, paragraph 55.

M7 2004 c. 18.