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

Statutory Instruments

2019 No. 1210

Road Traffic

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

Made

3rd September 2019

Laid before Parliament

4th September 2019

Coming into force in accordance with article 1(1)

The Secretary of State makes the following Order in exercise of the powers conferred by section 17(2)(a) and (d), (3) and (3ZB) of the Road Traffic Regulation Act 1984 M1 (“the 1984 Act”) and sections 20(3), 51(3), 53(1)(a) and (2) and 90A(2)(b) of the Road Traffic Offenders Act 1988 M2 (“the 1988 Act”).

The Secretary of State has consulted such representative organisations as the Secretary of State thinks fit or as appear appropriate in accordance with section 134(2) of the 1984 Act and sections 88(2) and 90E(2) of the 1988 Act.

Marginal Citations

M1 1984 c. 27; section 17(2) was amended by the New Roads and Street Works Act 1991 (c. 22), section 168(1) and Schedule 8, paragraph 28(3), the Road Traffic Act 1991 (c. 40), section 48 and Schedule 4, paragraph 25 and the Scotland Act 2012 (c. 11) (“the 2012 Act”), section 21(3). Subsections (3ZA) to (3ZD) of section 17 were inserted by the 2012 Act, section 21(4). Section 134(2) was amended by the Scotland Act 2016 (c. 11), section 44(1) and Schedule 2, paragraph 12(3).

M2 1988 c. 53; section 20 was substituted by the Road Traffic Act 1991 (c. 40) (“the 1991 Act”), section 23. Section 53 was substituted by the 1991 Act, section 48 and Schedule 4, paragraph 102, and subsection (2) was substituted by the Road Safety Act 2006 (c. 49) (“the 2006 Act”), section 3. Sections 90A to 90F were inserted by the 2006 Act, section 11; there are amendments to section 90A but none is relevant.

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 M3 .

(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; ]

[F2 “critical food supply vehicle” means a relevant vehicle which the Secretary of State considers is critical to the maintenance of food supply in the United Kingdom;]

[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; ]

[F2 “groceries” means food, pharmaceuticals (other than prescription-only medicines), pet food, drinks (alcoholic and non-alcoholic), cleaning products, toiletries and household goods, but excludes petrol, clothing, DIY products, financial services, newspapers, magazines, greeting cards, CDs, DVDs, videos and audio tapes, toys, plants, flowers, perfumes, cosmetics, electrical appliances, kitchen hardware, gardening equipment, books, tobacco and tobacco products;]

“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 food supply permit” means a permit issued in accordance with article 7(E1);]

[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;

(c)

[F3 groceries which are intended to be transported to a final destination in Gibraltar;]]

[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 M6 authorised to use any part of the M20 [F4 or 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 —

(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 M9 ;

“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 (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(2)(a)

F3 Words in art. 1(2) inserted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(2)(b)

F4 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

M3 S.I. 2019/1388

M4 1995 c. 23.

M5 Section 13 was substituted by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 5.

M6 See section 138 of the Road Traffic Regulation Act 1984 for the meaning of “heavy commercial vehicle”.

M7 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.

M8 2008 c. 29; section 114(1) was amended by the Localism Act 2011 (c. 20), section 128(2) and Schedule 13, paragraph 55.

M9 2004 c. 18.

[F5 Restricted access to the M20 and M2 Motorways before and during a traffic restriction period E+W+S

1A.— [F6 (1)  Paragraph (2) applies where the Kent Access Permit Requirement or the SARS-CoV-2 Requirement applies.]

[F7 (1A)]    [F8 The Kent Access Permit Requirement—]

(a) applies from—

(i) 1st January 2021; and

(ii) where traffic signs giving notice of [F9 the Kent Access Permit Requirement] are displayed on or near the coastbound carriageways of the M20 and M2 Motorways; and

(b) ceases to apply when—

(i) all such signs are lawfully removed or obscured;

(ii) the Secretary of State gives notice in writing, which has not been withdrawn, of the unavailability of the goods vehicle border readiness internet site; or

(iii) the Secretary of State gives notice in writing, which has not been withdrawn, that the [F10 Kent Access Permit Requirement] no longer applies.

[F11 (1B) The SARS-CoV-2 Requirement—

(a) applies where traffic signs giving notice of the SARS-CoV-2 Requirement are displayed on or near the coastbound carriageways of the M20 and M2 Motorways; and

(b) ceases to apply when—

(i) all such signs are lawfully removed or obscured; or

(ii) the Secretary of State gives notice in writing, which has not been withdrawn, that the SARS-CoV-2 Requirement no longer applies.]

[F12 (2) 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) where the Kent Access Permit Requirement applies, that requirement has been satisfied;

(b) where the SARS-CoV-2 Requirement applies, that requirement has been satisfied.]

[F12 (3) In this article—

(a) “Kent Access Permit Requirement” means a requirement that a valid Kent Access Permit has been issued in respect of the relevant vehicle;

(b) “Kent Access Permit” means a permit issued in accordance with article 7(A1);

(c) “SARS-CoV-2 Requirement” means a requirement that—

(i) the driver of, and any person aged 11 or over travelling with the driver in, the relevant vehicle has had a negative SARS-CoV-2 result from a qualifying test that was undergone less than 72 hours before the time when the driver reasonably expected to depart from the Port of Dover or the Channel Tunnel at Folkestone; and

(ii) the driver of, and any person aged 11 or over travelling with the driver in, the relevant vehicle has complied with any request or requirement, made during the journey by a specified person or a person employed by a company or body that is providing services to the Secretary of State, to produce evidence of a negative SARS-CoV-2 result from a qualifying test that was undergone less than 72 hours before the time when the driver reasonably expected to depart from the Port of Dover or the Channel Tunnel at Folkestone;

(d) “qualifying test” means a test that is—

(i) a polymerase chain reaction test or a lateral flow test;

(ii) capable of detecting the presence of SARS-CoV-2, including the VUI-2020-12-01 strain; and

(iii) undertaken in the United Kingdom;

(e) “evidence” means a document in writing, including in electronic format, which includes the following information—

(i) the name of the person from whom a sample for testing was taken;

(ii) the result of the test;

(iii) a statement that the test was a polymerase chain reaction test or a lateral flow test;

(iv) the date and time when the test was undergone;

(v) the location where the sample was tested; and

(vi) the name of the test provider.]]

Textual Amendments

F5 Art. 1A inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(3); S.I. 2020/1386, art. 1(b)

F6 Art. 1A(1) inserted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(3)(b)

F7 Art. 1A(1) renumbered as art. 1A(1A) (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(3)(a)

F8 Words in art. 1A(1A) substituted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(3)(c)(i)

F9 Words in art. 1A(1A)(a)(ii) substituted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(3)(c)(ii)

F10 Words in art. 1A(1A)(b)(iii) substituted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(3)(c)(iii)

F11 Art. 1A(1B) inserted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(3)(d)

F12 Art. 1A(2)(3) substituted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(3)(e)

Restricted access to M20 Motorway between Junctions [F13 10a] and 13 E+W+S

2.—(1) During a traffic restriction period, a relevant vehicle [F14 must not be used on the relevant length of carriageway unless] —

(a) the following conditions are satisfied—

(i) the driver has complied with any request or requirement, made during that journey by a traffic officer or a person employed by a company or body that is providing services to the Secretary of State or to Highways England Company Limited M10 , to produce border documents carried on the vehicle or by the driver; and

(ii) a valid cross-Channel permit is displayed in or on the vehicle while it is being used on the relevant length of carriageway and in such a position that in normal daylight the permit is easily visible from a position in front of the vehicle;

(b) the vehicle is normally kept at an operating centre in [F15 East] Kent and the driver of the vehicle, when requested by a specified person, produces an operator's licence and a valid local haulier permit, which both bear the address of that operating centre; F16 ...

(c) the vehicle is being used on the relevant length of carriageway—

(i) at the direction, or with the permission, of a specified person or an examiner appointed under section 66A of the Road Traffic Act 1988 M11 ; or

(ii) in compliance with a direction displayed on a traffic sign placed on or near a road ; F17 ...

[F18 (d) the following conditions are satisfied—

(i) the driver of the vehicle has complied with any request or requirement, made during that journey by a traffic officer or a person employed by a company or body that is providing services to the Secretary of State, to allow an inspection of the vehicle;

(ii) a priority goods permit is displayed in or on the vehicle while it is being used on the relevant length of carriageway and in such a position that in normal daylight the permit is easily visible from a position in front of the vehicle; and

(iii) a reflective and adhesive sticker issued with the permit is affixed in a conspicuous place at the rear and front of the vehicle,

in a case where the Secretary of State gives notice in writing, which has not been withdrawn, that priority goods permits are to be issued in respect of a relevant vehicle that is carrying only priority goods] [F19 ; or

(e) the following conditions are satisfied—

(i) a priority food supply permit is displayed in or on the vehicle while it is being used on the relevant length of carriageway and in such a position that in normal daylight the permit is easily visible from a position in front of the vehicle; and

(ii) a reflective and adhesive sticker authorised by the permit is affixed in a conspicuous place at the rear and front of the vehicle,

in a case where the Secretary of State gives notice in writing, which has not been withdrawn, that priority food supply permits are to be issued in respect of a critical food supply vehicle]

(2) In this article—

F20 ...

“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 [F21 Junction 10a] leaves the carriageway, as indicated by the markings on the carriageway, and the end of that carriageway at Junction 13 (Folkestone).

Textual Amendments

F13 Word in art. 2 heading substituted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(4)(a); S.I. 2020/1386, art. 1(b)

F14 Words in art. 2(1) substituted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(4)(b); S.I. 2020/1386, art. 1(b)

F15 Word in art. 2(1)(b) inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(4)(c); S.I. 2020/1386, art. 1(b)

F16 Word in art. 2 omitted (1.12.2020) by virtue of The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(4)(d); S.I. 2020/1386, art. 1(b)

F17 Word in art. 2(1) omitted (21.1.2021 at 5.00 p.m.) by virtue of The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(4)(a)

F18 Art. 2(1)(d) inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(4)(f); S.I. 2020/1386, art. 1(b)

F19 Art. 2(1)(e) and word inserted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(4)(b)

F20 Words in art. 2(2) omitted (1.12.2020) by virtue of The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(4)(g)(i); S.I. 2020/1386, art. 1(b)

F21 Words in art. 2(2) substituted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(4)(g)(ii); S.I. 2020/1386, art. 1(b)

Commencement Information

I2 Art. 2 in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Marginal Citations

M10 Company no. 09346363. Registered Office: Bridge House, Walnut Tree Close, Guildford, Surrey, GU1 4LZ.

M11 1988 c. 52; section 66A was inserted by the Road Traffic Act 1991 (c. 40), section 9(1), and amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), section 60(1) and Schedule 7, paragraph 11.

Restricted access to M20 Motorway between Junctions 8 and 9 E+W+S

3.—(1) Paragraph (2) applies where—

(a) any part of the coastbound carriageway of the M20 Motorway between Junction 8 (Maidstone (East)) and Junction 9 (Ashford) is open to coastbound traffic;

(b) a relevant provision permits such traffic to proceed on any part of the London-bound carriageway between those junctions; and

(c) traffic signs giving notice of a restriction imposed by paragraph (2) are displayed on or near the coastbound carriageway of the M20 Motorway between Junction 7 (Maidstone) and Junction 8 (Maidstone (East)).

[F22 (2) Where this paragraph applies, a relevant vehicle proceeding in a coastbound direction must not be driven on any part of the carriageway referred to in paragraph (1)(b) unless—

(a) the driver of the vehicle is acting—

(i) at the direction, or with the permission, of a specified person; or

(ii) in compliance with a direction displayed on a traffic sign placed on or near a road; F23 ...

(b) a priority goods permit is displayed in such a position that in normal daylight the permit is easily visible from a position in front of the vehicle and a reflective and adhesive sticker issued with the permit is affixed in a conspicuous place at the rear and front of the vehicle. [F24 ; or

(c) a priority food supply permit is displayed in such a position that in normal daylight the permit is easily visible from a position in front of the vehicle and a reflective and adhesive sticker authorised by the permit is affixed in a conspicuous place at the rear and front of the vehicle]]

(3) Paragraph (4) applies where—

(a) any part of the M26 Motorway is closed, in accordance with a relevant provision, to traffic other than heavy commercial vehicles or a class of such vehicles; and

(b) traffic signs giving notice of a restriction imposed by paragraph (4) are displayed on or near the coastbound carriageway of the M20 Motorway between Junction 7 (Maidstone) and Junction 8 (Maidstone (East)).

(4) Where this paragraph applies, a relevant vehicle proceeding in a coastbound direction on the M20 Motorway must not proceed on the coastbound carriageway of that road beyond the last point where the exit slip road at Junction 8 (Maidstone (East)) leaves that carriageway, as indicated by the markings on the carriageway, unless—

(a) a valid M26 Motorway permit is displayed in or on the vehicle when it is proceeding through Junction 8 and in such a position that in normal daylight the permit is easily visible from a position in front of the vehicle; or

(b) the driver of the vehicle is acting—

(i) at the direction, or with the permission, of a specified person; or

(ii) in compliance with a direction displayed on a traffic sign placed on or near a road.

(5) 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.

Textual Amendments

F22 Art. 3(2) substituted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(5); S.I. 2020/1386, art. 1(b)

F23 Word in art. 3(2) omitted (21.1.2021 at 5.00 p.m.) by virtue of The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(5)(a)

F24 Art. 3(2)(c) and word inserted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(5)(b)

Commencement Information

I3 Art. 3 in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Enforcement of offences E+W+S

4.—(1) In this article, “ the 1988 Act” means the Road Traffic Offenders Act 1988.

(2) In section 20(2) (speeding offences etc: admissibility of certain evidence) M12 of the 1988 Act—

(a) after paragraph (ba) insert—

“(bb) an offence under subsection (4) of section 17 of that Act consisting in a contravention of article 2(1), 3(2) or 3(4) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 (prohibited use of the M20 Motorway in Kent by the driver of a heavy commercial vehicle);

(bc) an offence under subsection (5) of section 20 of that Act consisting in a contravention of article 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 (prohibited use of local roads in Kent by the driver of a heavy commercial vehicle);”; and

(b) after paragraph (h) insert—

“(i) an offence under article 2(6)(b) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (contravention of a direction given by a traffic officer).”.

(3) 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.

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

“Offence under the Heavy Commercial Vehicles in Kent (No. 1) Order 2019

Article 2(6) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019

Driver of a heavy commercial vehicle in Kent failing to comply with or contravening a direction given, or requirement imposed, by a traffic officer.”

Commencement Information

I4 Art. 4in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Marginal Citations

M12 Section 20(2) has been amended by S.I. 1997/384, 2001/1814, 2014/260 and 2017/294.

Amendment of the Fixed Penalty Order 2000 E+W+S

5.—(1) The Fixed Penalty Order 2000 M13 is amended as follows.

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

“40A

A fixed penalty offence under article 2(6) of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019

£300”

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

“7.   Section 17(4) Road Traffic Regulation Act 1984

Table 7

(1) Nature of contravention or failure constituting the offence	(2) Amount of penalty
Contravening article 2(1), 3(2) or 3(4) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019	£300

8.   Section 20(5) Road Traffic Regulation Act 1984

Table 8

(1) Nature of contravention or failure constituting the offence	(2) Amount of penalty
Contravening article 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019	£300”

Commencement Information

I5 Art. 5 in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Marginal Citations

M13 S.I. 2000/2792, amended by S.I. 2009/488, 2013/1569, 2014/259, 2018/1236; there are other amending instruments but none is relevant.

Amendment of the Road Safety (Financial Penalty Deposit) Order 2009 E+W+S

6.  In the Road Safety (Financial Penalty Deposit) Order 2009 M14 , after Table 8 (The Trailer Registration Regulations 2018) in Part 2 (secondary legislation) of the Schedule, insert—

“Table 9

The Heavy Commercial Vehicles in Kent (No. 1) Order 2019

Provision creating offence	General nature of offence
Article 2(6)	Driver of a heavy commercial vehicle in Kent failing to comply with or contravening a direction given, or requirement imposed, by a traffic officer”

Commencement Information

I6 Art. 6 in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Marginal Citations

M14 S.I. 2009/491, amended by S.I. 2018/1236; there are other amending instruments but none is relevant.

Permits E+W+S

7.— [F25 (A1) The Secretary of State may issue a permit in respect of a heavy commercial vehicle (“Kent Access Permit”) only if the following information has been provided to the goods vehicle border readiness internet site—

(a) the registered number of the vehicle; and

(b) information from or about border documents carried on the vehicle or by the driver.

(B1) A permit issued under paragraph (A1)—

(a) must be in writing in electronic format; and

(b) is valid—

(i) only if correct information has been provided to the goods vehicle border readiness internet site under that paragraph; and

(ii) for the period of 24 hours specified on the permit.

[F26 (C1) The Secretary of State may during a traffic restriction period issue a permit (“priority goods permit”) to the driver of a heavy commercial vehicle in Kent that is carrying—

(a) only priority goods other than those referred to in sub-paragraph (b);

(b) only groceries which are intended to be transported to a final destination in Gibraltar.]

(D1) A permit issued under paragraph (C1)—

(a) must be in writing;

(b) must be accompanied by at least two reflective and adhesive stickers; and

(c) is valid for a period of 24 hours from the time of issue. ]

[F27 (E1) The Secretary of State may during a traffic restriction period issue a permit to the driver of a heavy commercial vehicle that is a critical food supply vehicle (“priority food supply permit”).

(F1) A permit issued under paragraph (E1)—

(a) must be in writing;

(b) must authorise the use of two reflective and adhesive stickers complying with such requirements in respect of the stickers as are specified on the permit; and

(c) is valid for—

(i) the period of 24 hours specified on the permit; or

(ii) such hours within a specified 24 hour period as are specified on the permit.]

(1) Kent County Council may issue a permit—

(a) during a traffic restriction period to the driver of a heavy commercial vehicle in Kent that is not on the M26 Motorway (“cross-Channel permit”); or

(b) to the holder of an operator's licence with an operating centre in [F28 East] Kent (“local haulier permit”).

(2) Highways England Company Limited may issue a permit—

(a) under paragraph (1)(a); or

(b) during a traffic restriction period to the driver of a heavy commercial vehicle on the M26 Motorway (“M26 Motorway permit”).

(3) A permit issued under—

(a) paragraph (1)(a) must be in writing and is valid for a period of 24 hours from the time of issue;

(b) paragraph (1)(b) must be in writing, specify the address of the holder's operating centre in [F29 East] Kent and is valid until withdrawn by Kent County Council in writing;

(c) paragraph (2)(b) must be in writing and is valid for a period of 3 hours from the time of issue.

Textual Amendments

F25 Arts. 7(A1)-(D1) inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(6)(a); S.I. 2020/1386, art. 1(b)

F26 Art. 7(C1) substituted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(6)(a)

F27 Art. 7(E1)(F1) inserted (21.1.2021 at 5.00 p.m.) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2021 (S.I. 2021/109), arts. 1, 2(6)(b)

F28 Word in art. 7(1)(b) inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(6)(b); S.I. 2020/1386, art. 1(b)

F29 Word in art. 7(3)(b) inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(6)(c); S.I. 2020/1386, art. 1(b)

Commencement Information

I7 Art. 7 in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Cessation E+W+S

8.  Articles [F30 1A, ] 2, 3 and 7 cease to have effect at the end of [F31 31st October 2021].

Textual Amendments

F30 Word in art. 8 inserted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(7)(a); S.I. 2020/1386, art. 1(b)

F31 Words in art. 8 substituted (1.12.2020) by The Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 (S.I. 2020/1146), arts. 1, 2(7)(b); S.I. 2020/1386, art. 1(b)

Commencement Information

I8 Art. 8 in force at 31.10.2019, see art 1(1); S.I. 2019/1388, art. 1(b)

Signed by authority of the Secretary of State for Transport

Chris Heaton- Harris

Minister of State

Department for Transport

Explanatory Note

(This note is not part of the Order)

The Heavy Commercial Vehicles in Kent (No. 1) Order 2019, the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 and the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 enable the movement of cross-Channel lorries in Kent to be controlled by regulating access to the road network, conferring new powers on traffic officers to allow for such vehicles to be detected and directed, and making ancillary provision relating to enforcement.

This Order:

(a)

makes access to the coastbound carriageway of the M20 Motorway between Junctions 9 and 13 (the primary route to the Channel Tunnel at Folkestone and the Port of Dover) conditional on producing border documents (to demonstrate readiness to bring goods into a foreign country) and displaying a permit (issued after using an approved route in Kent) (article 2);

(b)

prohibits cross-Channel lorries using a contraflow on the London-bound carriageway of the M20 Motorway between Junctions 8 and 9, which is reserved for other coastbound traffic (article 3(1) and (2));

(c)

requires the drivers of cross-Channel lorries to display a permit before entering the M20 Motorway queueing area between Junctions 8 and 9 of the coastbound carriageway if the M26 Motorway is also being used as a queueing area (article 3(3) and (4));

(d)

amends the Road Traffic Offenders Act 1988 to make evidence from prescribed devices relating to breaches of the new restrictions created by this Order and the No. 2 Order, or of a direction given by a traffic officer under the No. 1 Order, more readily admissible in court through the procedure established by section 20 of that Act (article 4(2));

(e)

designates the offence created by article 2(6) of the No. 1 Order of failing to comply with a direction given, or requirement imposed, by a traffic officer as a fixed penalty and financial penalty deposit offence (article 4(3) and (4) and article 6); and

(f)

sets the fixed penalty amount for the new offence referred to immediately above and for breaches of the restrictions created by this Order and the No. 2 Order at £300 (article 5).

The restrictions imposed by articles 2 and 3, which cannot have effect after 31st December 2020, are activated through the placing of traffic signs on the coastbound carriageway of the M20 Motorway between Junctions 7 and 8. This will also activate restrictions in the No. 2 Order affecting the local road network in Kent.

This Order also provides for the issuing of permits to the drivers of heavy commercial vehicles and to hauliers established in Kent, which are required to establish some of the exceptions to the restrictions imposed by this Order and the No. 2 Order (article 7).

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