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

S.I. 2019/1388 · Made 24 October 2019 · Extends to England, Wales and Scotland

Road Traffic

Made 24th October 2019

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 90B(2) and 90E(3) of the Road Traffic Offenders Act 1988 M1 (“the 1988 Act”) and section 8(1) to (3) of the Traffic Management Act 2004 M2 (“the 2004 Act”).

The Secretary of State is satisfied, in accordance with section 8(2) of the 2004 Act, that the further special powers conferred on traffic officers M3 by this Order are necessary for the purpose of facilitating the performance of duties which may be assigned to them.

The Secretary of State has consulted with such representative organisations as appear appropriate in accordance with section 90E(2) of the 1988 Act.

A draft of this Order has been approved by a resolution of each House of Parliament in accordance with section 90E(4) of the 1988 Act and section 8(4) of the 2004 Act.

Annotations to the whole text

Marginal citations

M1: 1988 c. 53; Part 3A, which includes sections 90A to 90F, was inserted by the Road Safety Act 2006 (c. 49), section 11.
M2: 2004 c. 18; the power under section 8 is conferred on “the appropriate national authority”, which is defined in section 15 and means, as respects England, the Secretary of State.
M3: See section 1 (traffic officers: introduction) of the Traffic Management Act 2004.

1Citation, commencement and extent
3Amendment of the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009
Signature
Explanatory note

1Citation, commencement and extentI1

This Order—

(a)

may be cited as the Heavy Commercial Vehicles in Kent (No. 1) Order 2019;

(b)

comes into force on 31st October 2019 or the day after the day on which it is made, whichever is later; and

(c)

extends to England and Wales and Scotland, except for article 2 which extends to England and Wales only.

3Amendment of the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009I1

(1)

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 M1 is amended as follows.

(2)

In Part 2 (secondary legislation) of Schedule 1, after Table 7 (The Trailer Registration Regulations 2018) insert—

“
Table 8
The Heavy Commercial Vehicles in Kent (No. 1) Order 2019
(1) Provision creating offence (2) General nature of offence (3) Deposit
1. 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 £300
”

*(1) Provision creating offence*	*(2) General nature of offence*	*(3) Deposit*
1. 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	£300

(3)

In Schedule 2 (deposits for graduated fixed penalty offences), after Table 6 (Section 42 Road Traffic Act 1988) insert—

“
Table 7
Section 17(4) Road Traffic Regulation Act 1984
(1) Nature of contravention or failure constituting the offence (2) Applicable level of deposit
Contravening article 2(1), 3(2) or 3(4) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 £300
Table 8
Section 20(5) Road Traffic Regulation Act 1984
(1) Nature of contravention or failure constituting the offence (2) Applicable level of deposit
Contravening article 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 £300
”

*(1) Nature of contravention or failure constituting the offence*	*(2) Applicable level of deposit*
Contravening article 2(1), 3(2) or 3(4) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019	£300

*(1) Nature of contravention or failure constituting the offence*	*(2) Applicable level of deposit*
Contravening article 3(1) or 4(1) of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019	£300

Signature

Signed by authority of the Secretary of State for Transport

Chris Heaton-Harris

Minister of State

Department for Transport

Explanatory note

(This note is not part of the Order)

The Heavy Commercial Vehicles in Kent (No. 1) Order 2019, the Heavy Commercial Vehicles in Kent (No. 2) Order 2019 and the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 enable the movement of cross-Channel lorries in Kent to be controlled by regulating access to the road network, conferring new powers on traffic officers to allow for such vehicles to be detected and directed, and making ancillary provision relating to enforcement.

This Order empowers traffic officers to—

(a)
require the driver of a heavy commercial vehicle in Kent to produce documents relating to the vehicle's journey (to establish its destination) and documents relating to goods that are being exported (to ascertain the vehicle's readiness to cross the border);
(b)
direct the driver of such a vehicle not to proceed to the Channel Tunnel at Folkestone or the Port of Dover except via a specified road or route in Kent;
(c)
direct the driver of such a vehicle to proceed to a specified motorway in Kent (removing it from the local road network) (article 2).

These powers are exercisable until 31st December 2020.

This Order also creates an offence of failing to comply with a traffic officer exercising the powers described immediately above (article 2(6)) and sets the financial penalty deposit amount for that offence and for breaching the new restrictions (created by the No. 2 and No. 3 Orders) on using cross-Channel lorries on roads in Kent (article 3).

A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the private, public or voluntary sectors. An Explanatory Memorandum has been prepared for this Order and is available alongside this instrument on the UK Legislation website at www.legislation.gov.uk.