The A282 Trunk Road (Dartford–Thurrock Crossing Charging Scheme) Order 2002

• Citation: S.I. 2002/1040
• Sections: 14

Section 1

In this Order—

(1) all measurements of distance are measured along the route of the relevant highway;

(2)

(i) “the 1988 Act ” means the Dartford–Thurrock Crossing Act 1988 ;

(ii) “ the plan ” means the plan numbered HA10/OD/243, marked “The A282 Trunk Road (Dartford–Thurrock Crossing Charging Scheme) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;

(iii) “ military vehicle ” means a vehicle used for naval, military or air force purposes, while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.

Section 2

From the date when tolls ceases to be leviable under section 16 of the 1988 Act by the person appointed under section 11 of that Act, the highway described in Schedule 1 to this Order and indicated on the plan shall become subject to the charging regime set out in Schedule 2. The Secretary of State shall give notice by publication in the London Gazette not less than 14 days in advance of the date when tolls cease to be leviable under this article.

Section 3

The charging regime set out in Schedule 2 to this Order may be amended by the Secretary of State in the time and manner set out in Schedule 3 to this Order.

Section 4

The charging regime shall apply to all classes of motor vehicles using the highway described in Schedule 1 to this Order with the exception of those motor vehicles set out in Schedule 4 to this Order.

Section 5

(1) The Secretary of State or his agent may enter into agreements (“composition agreements”) under which persons compound in advance, on such terms as may be provided by the agreement, for the payment of charges in respect of the use of the length of highway described in Schedule 1, by them, by other persons or by any vehicles.

(2) A composition agreement may relate to use on such number of occasions or during such period as may be provided by the agreement.

(3) Composition agreements offered by the Secretary of State or his agent to persons seeking to compound in advance for the payment of charges must be offered on the same terms with respect to the same description of use of the length of highway described in Schedule 1 to all persons seeking so to compound in respect of use of that description.

Section 6

Nothing in this Order shall prevent the Secretary of State from suspending this Order at any time when such suspension is considered reasonably necessary for the purpose of facilitating the movement of traffic or promoting its safety or in the interests of the safety of the public.

Section 7

This Order may be cited as the A282 Trunk Road (Dartford–Thurrock Crossing Charging Scheme) Order2002 and shall come into force on 19th April 2002 whereafter it will remain in force indefinitely.

Section 1

In this Schedule—

“the base month” means the months of December; and

“the revision date” means the date immediately following the end of the period of two months beginning with the 1st day of the base month.

Section 2

On or within the period of fourteen days next following—

(a) the first revision date after the charging regime in Schedule 2 to this Order has been in operation one full year; and

(b) each succeeding revision date falling within the duration of this Order;

the Secretary of State may make a variation order fixing the amounts of the charges in respect of all classes of vehicles in respect of which charges are leviable.

Section 3

Subject to the following provisions of this Schedule, the amount of the charge to be fixed by the variation order in respect of each class of vehicles shall be an amount arrived at by increasing the amount applicable in the case of that class in Schedule 2 to this Order by the same percentage as the percentage increase between the retail prices index for December 2002 and the retail prices index for the base month in relation to the revision date in question.

Section 4

Any amount which falls in accordance with paragraph 3 above to be fixed by a variation order under this Schedule—

(a) if it is neither a multiple of ten nor an amount which on division by ten produces a remainder of five, shall be rounded to the nearest ten pence; and

(b) if it is an amount which on division by ten produces a remainder of five, shall be increased by five pence.

Section 5

Where the amount of any charge which, in accordance with the preceding provisions of this Schedule, falls to be fixed by a variation order made under this Schedule in respect of any class of vehicles exceeds that in force under the last previous variation order so made, the new variation order may fix an amount which does not implement the increase or implements it only in part.

Section 6

A variation order made under this Schedule shall come into force on the 1st day of April.

Section 7

References in this Schedule to the retail prices index means the monthly United Kingdom Index of Retail Prices (for all items) published by the Office for National Statistics; and if that index is not published for any month those references shall be read as references to any substitute index or index figures published by that Office for that month.