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

• Citation: S.I. 2019/1210
• Sections: 9

Section 1 Citation, commencement and interpretation

(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 .

(2) In this Order—

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“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;

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“ 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 (“ the 1995 Act ”);

“ operator's licence ” means a licence granted under section 13 of the 1995 Act ;

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“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 authorised to use any part of the M20 or M2 Motorway by a scheme made under, or having effect as if made under, section 16 of the Highways Act 1980 or by a development consent order made under section 114 of the Planning Act 2008 —

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

on a journey to a place outside the United Kingdom—

via the Channel Tunnel at Folkestone; or

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 ;

“traffic restriction period” is a period of time that—

begins when traffic signs giving notice of a restriction imposed by article 2(1) are displayed on or near the coastbound carriageway of the M2 Motorway between Junction 4 and Junction 5 (Stockbury Roundabout) ; and

ends when all such signs are lawfully removed or obscured.

Section 1A Restricted access to the M20 and M2 Motorways before and during a traffic restriction period

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Section 2 Restricted access to M2 Motorway between Junctions 5 and 7

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

(a) 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 ; or

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

(b) the vehicle is being driven on the relevant length of carriageway to collect goods from, or deliver goods to, premises in Kent and the driver, when requested by a specified person, provides information sufficient to satisfy the specified person that the vehicle is being driven on that road solely for the purpose of proceeding to or from such premises; or

(c) the vehicle is normally kept at an operating centre in 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.

(2) In this article, “the relevant length of carriageway” means the coastbound carriageway of the M2 Motorway between the last point where the exit slip road at Junction 5 (Stockbury Roundabout) leaves the carriageway, as indicated by markings on the road, and the end of that carriageway at Junction 7 (Brenley Corner).

Section 3 Restricted access to M20 Motorway between Junctions 8 and 9

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Enforcement of offences

(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) 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);

(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

Section 5 Amendment of the Fixed Penalty Order 2000

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

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

(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

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

Section 6 Amendment of the Road Safety (Financial Penalty Deposit) Order 2009

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

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

Section 7 Permits

(1) Kent County Council may issue a permit to the holder of an operator’s licence with an operating centre in East Kent (“local haulier permit”).

(2) A permit issued under paragraph (1) must be in writing, specify the address of the holder’s operating centre in East Kent and is valid until withdrawn by Kent County Council in writing.

Section 8 Cessation

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