The Severn Bridge Regulations 1993

Prevention of obstruction

12.—(1) In this regulation a “stationary vehicle” means a vehicle which is at rest on the specified roads either in contravention of these Regulations or where—

(a) the vehicle has suffered a breakdown (in this regulation referred to as a “broken down vehicle”),

(b) no person is for the time being in charge of it, or

(c) the person in charge of it is not on it or in it.

(2) A constable or an appointed person may remove a stationary vehicle from the specified roads either—

(a) to a hard shoulder (as defined by regulation 3(1)(e) of the Motorways Regulations) beyond the limits of the specified roads where the vehicle can be allowed to remain at rest in accordance with regulation 7(1) of the Motorways Regulations; or

(b) in a case falling within sub-paragraph (b) or (c) of paragraph (1) to the Severn River Crossing dedicated vehicle compound at Aust,

and no person shall obstruct or attempt to obstruct any action taken by a constable or appointed person for the purposes of this paragraph.

(3) No person other than a constable or an appointed person shall or shall attempt—

(a) except with permission expressly given by a constable or an appointed person, to repair, refuel, change the tyre or wheel of or otherwise adjust or,

(b) except for the purpose of complying with paragraph (2) of regulation 11, to movea broken down vehicle on the specified roads.

(4) An appointed person shall not, and shall not attempt to, repair, refuel or adjust a broken down vehicle except at the request of the person in charge of the vehicle and only if, in the opinion of the appointed person, by his doing so it is likely that the vehicle will be removed from the specified roads sooner than would otherwise be possible.

(5) Where the power to levy tolls is for the time being exercisable by him, the concessionaire, or otherwise the Secretary of State, shall be entitled to make a charge assessed in accordance with paragraph (6) where a stationary vehicle is removed from, or (instead of being removed) is, at the request of the person in charge of it, repaired, refuelled or adjusted whilst on, the specified roads by an appointed person under paragraph (2) or (4) and the person in charge of the vehicle (if any) and the registered keeper shall be jointly and severally liable to pay to the concessionaire or to the Secretary of State, as the case may be, a charge of an amount determined in accordance with paragraph (6).

(6) A charge payable under paragraph (5) shall be assessed according to the time taken to effect the removal, repair or adjustment and shall be—

(a) in relation to category 3 vehicles within the meaning of sub-section (1) of section 8 of the 1992 Act at the rate of £60 for the first half hour or part thereof and £30 for each quarter hour or part thereof after the first half hour; and

(b) in relation to any other vehicle at the rate of £25 for the first half hour or part thereof and £12.50 for each quarter hour or part thereof after the first half hour.

(7) For the purposes of paragraph (6) the time taken to effect the removal, repair, refuelling or adjustment of a broken down vehicle shall be reckoned as beginning, in a case where a breakdown vehicle is despatched to the broken down vehicle, with the despatch of that breakdown vehicle and, in any other case, with the time when the appointed person begins to remove, repair or adjust the broken down vehicle and, in either case, as ending when the removal is completed in accordance with paragraph (2) or, where the vehicle is repaired, refuelled or adjusted so that it is able to proceed under its own power, on completion of the repair, refuelling or adjustment.

(8) In relation to a defence vehicle—

(a) paragraph (3) shall not apply; and

(b) the power given by paragraph (2) shall not be exercised while the driver is carrying out any repair or adjustment, unless it appears to a constable that it is necessary or expedient for him or an appointed person to remove the vehicle in order to prevent an obstruction of the specified roads.

(9) For regulation 7 of the Removal and Disposal of Vehicles Regulations(1) there is substituted:—

“Exception for Severn Bridge

7.   Regulations 3, 4, 4A and 5 of these Regulations shall not apply in relation to any vehicle while it is on the specified roads as defined by regulation 3 of the Severn Bridge Regulations 1993.”

(1)

S.I. 1986/183, amended by S.I. 1993/278.