The Heavy Commercial Vehicles in Kent (No. 3) Order 2019
| Year | 2019 |
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 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 interpretation
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 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 vehicle6authorised 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 19807or 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;
“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.
Restricted access to M20 Motorway between Junctions 9 and 13
2.—(1) During a traffic restriction period, a relevant vehicle may be used on the relevant length of carriageway only if—
(a)
(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)
(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)
(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 9
3.—(1) Paragraph (2) applies where—
(a)
(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)
(b) a relevant provision permits such traffic to proceed on any part of the London-bound carriageway between those junctions; and
(c)
(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)
(a) at the direction, or with the permission, of a specified person; or
(b)
(b) in compliance with a direction displayed on a traffic sign placed on or near a road.
(3) Paragraph (4) applies where—
(a)
(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)
(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) 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)
(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 offences
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)12of the 1988 Act—
(a)
(a) after paragraph (ba) insert—
“(bb)
“(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...
To continue reading
Request your trial