Amendment of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019
2.—(1) The Heavy Commercial Vehicles in Kent (No. 3) Order 2019(1) is amended as follows.
(2) In article 1(2) (citation, commencement and interpretation)—
(a)in the appropriate places insert—
““border documents” means documents relating to goods that are being exported on a vehicle from the United Kingdom to any other country; ”;
““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; ”;
““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; ”;
““priority goods” means—
live and fresh fish products for human consumption where—
“fish” includes shellfish;
“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);
“shellfish” includes molluscs and crustaceans of any kind found in the sea or inland waters;
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; ”;
““priority goods permit” means a permit issued in accordance with article 7(C1); ”;
““registered number of a vehicle” is to be construed in accordance with section 23(1) of the Vehicle Excise and Registration Act 1994(2); ”;
(b)in the definition of “relevant vehicle”, after “M20” insert “or M2”.
(3) After article 1, insert—
“Restricted access to the M20 and M2 Motorways before and during a traffic restriction period
1A.—(1) Paragraph (2)—
(a)applies from—
(i)1st January 2021; and
(ii)where traffic signs giving notice of a restriction imposed by paragraph (2) 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 restriction imposed by paragraph (2) no longer applies.
(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 valid Kent Access Permit has been issued in respect of it.
(3) In this article “Kent Access Permit” means a permit issued in accordance with article 7(A1). ”.
(4) In article 2 (restricted access to the M20 Motorway between Junctions 9 and 13)—
(a)in the heading, for “9” substitute “10a”;
(b)in paragraph (1), in the opening words for “may be used on the relevant length of carriageway only if”, substitute “must not be used on the relevant length of carriageway unless”;
(c)in paragraph (1)(b), before “Kent” insert “East”;
(d)omit “or” after paragraph (1)(b);
(e)at the end of paragraph (1)(c) insert “; or”;
(f)after paragraph (1)(c) insert—
“(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”;
(g)in paragraph (2)—
(i)omit the definition of “border documents”;
(ii)in the definition of “the relevant length of carriageway” for “Junction 9 (Ashford)”, substitute “Junction 10a”.
(5) In article 3 (restricted access to M20 Motorway between Junctions 8 and 9), for paragraph (2) substitute—
“(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; or
(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. ”.
(6) In article 7 (permits)—
(a)before paragraph (1) insert—
“(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.
(C1) 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”).
(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. ”;
(b)in paragraph (1)(b) before “Kent”, insert “East”;
(c)in paragraph (3)(b) before “Kent” in the first place it occurs, insert “East”.
(7) In article 8 (cessation)—
(a)after “Articles”, insert “1A, ”; and
(b)for “31st December 2020”, substitute “31st October 2021”.