2019 No. 1210
The Heavy Commercial Vehicles in Kent (No. 3) Order 2019
Made
Laid before Parliament
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 19841 (“the 1984 Act”) and sections 20(3), 51(3), 53(1)(a) and (2) and 90A(2)(b) of the Road Traffic Offenders Act 19882 (“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.
Citation, commencement and interpretation1
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 20193.
2
In this Order—
“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 19954 (“the 1995 Act”);
“operator’s licence” means a licence granted under section 13 of the 1995 Act5;
“relevant vehicle” means a heavy commercial vehicle6 authorised to use any part of the M20 Motorway by a scheme made under, or having effect as if made under, section 16 of the Highways Act 19807 or by a development consent order made under section 114 of the Planning Act 20088—
- 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;
- i
- a
“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 20049;
“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.
- a
Restricted access to M20 Motorway between Junctions 9 and 132
1
During a traffic restriction period, a relevant vehicle may be used on the relevant length of carriageway only if—
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 Limited10, 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 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; or
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 198811; or
ii
in compliance with a direction displayed on a traffic sign placed on or near a road.
2
In this article—
“border documents” means documents relating to goods that are being exported on a vehicle from the United Kingdom to any other country;
“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 Junction 9 (Ashford) leaves the carriageway, as indicated by the markings on the carriageway, and the end of that carriageway at Junction 13 (Folkestone).
Restricted access to M20 Motorway between Junctions 8 and 93
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)).
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 the driver of the vehicle is acting—
a
at the direction, or with the permission, of a specified person; or
b
in compliance with a direction displayed on a traffic sign placed on or near a road.
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.
Enforcement of offences4
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)12 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.
Amendment of the Fixed Penalty Order 20005
1
The Fixed Penalty Order 200013 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
Amendment of the Road Safety (Financial Penalty Deposit) Order 20096
In the Road Safety (Financial Penalty Deposit) Order 200914, after Table 8 (The Trailer Registration Regulations 2018) in Part 2 (secondary legislation) of the Schedule, insert—
Table 9The 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
Permits7
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 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 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.
Cessation8
Articles 2, 3 and 7 cease to have effect at the end of 31st December 2020.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Order)