The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (the “2019 Order”) to enable the movement of cross-Channel lorries in Kent to be controlled by further regulating access to the motorway network in Kent. A cross-Channel lorry may be used on the coastbound carriageway of motorways in Kent only if a valid Kent Access Permit has been issued in respect of it. This permit is obtained by providing information from or about border documents to the Secretary of State’s goods vehicle border readiness internet site. In addition, this Order allows a cross-Channel lorry carrying only priority goods to be issued with a priority goods permit which will allow it to use the London-bound carriageway of the M20 Motorway between Junctions 8 and 9. Finally this Order makes ancillary provision relating to enforcement.

Article 2(2) amends article 1(2) of the 2019 Order by inserting definitions of key terms used elsewhere in the amended 2019 Order, for example “goods vehicle border readiness internet site” and “priority goods”.

Article 2(3) inserts article 1A in the 2019 Order. This restricts access to the coastbound carriageways of the motorway network in Kent so that from 1st January 2021 cross-Channel lorries may only be driven on these routes with a valid Kent Access Permit.

Article 2(4) amends article 2 of the 2019 Order to:

(a) change the definition of “the relevant length of carriageway” to mean the coastbound carriageway of the M20 Motorway between Junctions 10a and 13. This amendment reflects the location of the Ashford Sevington site where checks of cross-Channel lorries’ border documents may be carried out and cross-Channel permits may be issued. This site is located after Junction 9;

(b) alter the opening words of paragraph (1) to make it clear that where applicable, the new requirement to have a Kent Access Permit, introduced by article 1A, is separate from and additional to the restriction imposed by article 2(1) during a traffic restriction period;

(c) exempt from the restriction on access to the M20 Motorway between Junctions 10a and 13, cross-Channel lorries which are carrying only priority goods and are displaying a priority goods permit and accompanying stickers, where the Secretary of State issues such permits.

Article 2(5) amends article 3(2) of the 2019 Order to exempt from the restriction on cross-Channel lorries driving in a coastbound direction on the London-bound carriageway of the M20 Motorway between Junctions 8 and 9, lorries which are carrying only priority goods and are displaying a priority goods permit and accompanying stickers.

Article 2(6) amends article 7 of the 2019 Order:

(a) to provide for the issue of a Kent Access Permit and a priority goods permit;

(b) to provide that Kent County Council may issue a local haulier permit to the holder of an operator’s licence with an operating centre in East Kent.

Article 2(7) amends article 8 to postpone the date on which the main provisions of the 2019 Order will cease to have effect from 31st December 2020 to 31st October 2021.

Article 3 amends the Road Traffic Offenders Act 1988 to make evidence from prescribed devices relating to breaches of the new restrictions created by the amendments made by this Order and the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2020 more readily admissible in court through the procedure established by section 20 of that Act.

Article 4 amends the Fixed Penalty Order 2000 to set the fixed penalty amount at £300 for breaches of the new restrictions created by the amendments made by this Order and the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2020.

A full Impact Assessment has not been produced for this instrument as it is not expected to have a 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.