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

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 M3.

In this Order—

• F2“border documents” means documents relating to goods that are being exported on a vehicle from the United Kingdom to any other country;

• F2“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;

• F2“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 M4 (“the 1995 Act”);

• “operator's licence” means a licence granted under section 13 of the 1995 Act M5;

• F2“priority goods” means—

  1. a

     live and fresh fish products for human consumption where—

     1. i

        “fish” includes shellfish;

     2. 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);

     3. iii

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

  2. 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;

• F2“priority goods permit” means a permit issued in accordance with article 7(C1);

• F2“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 M6 authorised to use any part of the M20 F3or M2 Motorway by a scheme made under, or having effect as if made under, section 16 of the Highways Act 1980 M7 or by a development consent order made under section 114 of the Planning Act 2008 M8—

  1. 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

  2. b

     on a journey to a place outside the United Kingdom—

     1. i

        via the Channel Tunnel at Folkestone; or

     2. 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 M9;

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

  1. 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

  2. b

     ends when all such signs are lawfully removed or obscured.

Where this paragraph applies, a relevant vehicle must not be used on the coastbound carriageway of the M20 Motorway between Junctions 1 (Junction 3 of the M25) and 13 (Folkestone) or on the coastbound carriageway of the M2 Motorway between Junctions 1 (Three Crutches Interchange) and 7 (Brenley Corner) unless a valid Kent Access Permit has been issued in respect of it.

In this article “Kent Access Permit” means a permit issued in accordance with article 7(A1).

In this article—

• F10...

• “cross-Channel permit” and “local haulier permit” have the meaning given in article 7(1);

• “the relevant length of carriageway” means the coastbound carriageway of the M20 Motorway between the last point where the exit slip road at F11Junction 10a leaves the carriageway, as indicated by the markings on the carriageway, and the end of that carriageway at Junction 13 (Folkestone).

In this article—

• “M26 Motorway permit” has the meaning given in article 7(2);

• “relevant provision” means a provision in an order made under section 1, 9 or 14 of the Road Traffic Regulation Act 1984.

In this article, “the 1988 Act” means the Road Traffic Offenders Act 1988.

An offence under article 2(6) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 is a fixed penalty offence for the purposes of Part 3 of the 1988 Act.

In Schedule 3 (fixed penalty offences) to the 1988 Act, at the end of the table insert—

The Fixed Penalty Order 2000 M13 is amended as follows.

In the table in Schedule 1 (fixed penalties), after the entry for item number 40, insert—

In Schedule 2 (graduated fixed penalties), after paragraph 6 (Section 42 Road Traffic Act 1988), insert—

The Secretary of State may during a traffic restriction period issue a permit to the driver of a heavy commercial vehicle in Kent that is carrying only priority goods (“priority goods permit”).