The Severn Bridge Regulations 1993

Made: 23rd June 1993

Laid before Parliament: 24th June 1993

Coming into force: 19th July 1993

The Secretary of State for Transport in exercise of the powers conferred by sections 14, 21(1), (3) and (4), 24(1) and 37(5) of the Severn Bridges Act 1992[^f00001] and sections 17(2) and (3) and 99(1) and (2) of the Road Traffic Regulation Act 1984[^f00002], and, in relation to the exercise of the powers conferred by the Road Traffic Regulation Act 1984, after consultation with representative organisations in accordance with section 134(2) of that Act, and of all other enabling powers hereby makes the following Regulations:—

PART I — PRELIMINARY

Citation and commencement

1

These Regulations may be cited as the Severn Bridge Regulations 1993 and shall come into force on 19th July 1993.

Revocation

2

The Severn Bridge Regulations 1966[^f00003], the Severn Bridge (Amendment) Regulations 1973[^f00004], the Severn Bridge (Amendment) Regulations 1975[^f00005] and the Severn Bridge (Amendment) Regulations 1982[^f00006] are hereby revoked.

Interpretation

3

In these Regulations—

• (a) “defence vehicle” means a vehicle of a kind referred to in section 21(4) of the 1992 Act;

• “hard strip” means that part of a road which is immediately adjacent to and situated on the left hand or near side of the left hand or near side traffic lane when facing in the direction in which vehicles may be driven in accordance with the Motorways Regulations;

• “the Motorways Regulations” means the Motorways Traffic (England and Wales) Regulations 1982[^f00007];

• “the 1992 Act” means the Severn Bridges Act 1992;

• “pre-payment agreement” means an agreement entered into by the Secretary of State or the concessionaire pursuant to section 13(1) of the 1992 Act;

• “registered keeper” in relation to a vehicle means the person in whose name the vehicle is registered under the Vehicles Excise Act 1971[^f00008];

• “the specified roads” means the road carried by the existing bridge and those parts of the eastbound carriageway and westbound carriageway of the road within the existing toll plaza area which lie respectively 400 metres and 500 metres east of the outer edge of the east abutment of the Aust Viaduct;

• “toll-booth” means a toll-booth situated on the existing toll plaza area, and

• (b) a reference to a regulation followed by a number is a reference to the regulation so numbered in these Regulations and a reference to a paragraph followed by a number is a reference to the paragraph so numbered in the regulation in which the reference occurs.

Application

4

These Regulations shall apply to the existing bridge and the existing toll plaza area.

PART II — PAYMENT OF TOLLS

Place and manner of payment

5

• (1) Except where paragraph (2) applies, all tolls leviable in respect of a vehicle, shall be paid by the driver of the vehicle, in cash to an appointed person at a toll-booth, or by the insertion of coins into a machine provided near a toll-booth for the purpose of collecting tolls, not being in either case a toll-booth at which a sign is displayed indicating that its use is restricted to either—

• (a) vehicles of a class which does not include the relevant vehicle, or

• (b) vehicles for which the toll leviable has been paid in advance.

• (2) Where, pursuant to a pre-payment agreement, the toll leviable for a vehicle has been paid in advance, the driver shall present or display such evidence of payment in such manner and at such place within the existing toll plaza area as the agreement may provide.

• (3) Every driver of a vehicle, proceeding westbound in the existing toll plaza area, shall stop the vehicle in a position where he can, in accordance with this regulation, pay any toll leviable for the vehicle or present or display evidence of payment of the toll without leaving the vehicle or, if the toll has been paid in advance and the pre-payment agreement so provides, he shall slow down the vehicle sufficiently to enable the evidence of payment to be verified.

• (4) When a red light is displayed at a toll-booth, the driver of a vehicle proceeding westbound in the existing toll plaza area in the traffic lane alongside that toll-booth shall not allow the vehicle to proceed beyond the toll-booth, until a green light is displayed or a constable in uniform or an appointed person allows or directs him to proceed.

Traffic directions

6

Where it appears to an appointed person necessary or expedient, for the purpose of securing that vehicles in respect of which tolls are leviable do not use the existing bridge without the tolls having been paid, to regulate traffic in the existing toll plaza area, he may direct the driver of a vehicle in that area to stop the vehicle or to cause it to proceed in, or keep to, a particular line and the driver shall comply with the direction.

Toll-booth out of use

7

No person shall, unless instructed to do so by a constable in uniform or an appointed person, drive any vehicle or cause or permit it to be driven into or through the lane alongside any toll-booth which is shown by a barrier or sign to be out of use.

Obstruction of appointed persons

8

No person shall obstruct or otherwise interfere with any action taken by an appointed person under these Regulations for securing that the existing bridge is not used by vehicles without the tolls leviable for such use being paid.

Notices showing tolls payable

9

A notice shall be displayed at each toll-booth whilst it is in use specifying each category of vehicle for which tolls are leviable, the amount of the tolls for each category and other provisions in accordance with which tolls are leviable.

PART III — TRAFFIC REGULATION

Application of Motorways Regulations

10

• (1) The Motorways Regulations shall have effect in relation to the specified roads subject to the modifications set out in the Schedule to these Regulations.

• (2) Any prohibition or restriction imposed by regulations 11 and 12 of these Regulations may be relaxed by the persons and in the circumstances mentioned in paragraph (3) of regulation 15 and in regulation 16 of the Motorways Regulations as if it were a prohibition or restriction imposed by those Regulations.

Restrictions on stopping

11

• (1) Except as provided by these Regulations, no person shall cause a vehicle to stop or remain at rest anywhere on the specified roads unless either—

• (a) it is necessary to do so for a reason specified in paragraph (2), or

• (b) the vehicle cannot proceed because of the presence of another vehicle or of any person or object.

• (2) Where it is necessary for a vehicle being driven on the specified roads to be stopped—

• (a) by reason of a breakdown of the vehicle,

• (b) by reason of an accident, illness or other emergency,

• (c) to permit any person carried by the vehicle to recover or remove any object which has fallen on the specified roads, or

• (d) to permit any person carried by the vehicle to help another person in any of the circumstances mentioned in (a), (b) or (c) above,

the person in charge of the vehicle shall, so far as reasonably practicable, drive or move it so that as much as possible of the vehicle (including its load, if any) is on or over the hard strip and as little as possible of it is in or over the adjacent traffic lane and that it is so positioned as to cause the minimum possible obstruction or danger to other vehicles; and the vehicle may remain at rest for no longer than is necessary in the circumstances, including in the case of a broken down vehicle the time required for compliance with paragraph (4) and the taking of steps under regulation 12.

• (3) No person shall drive or move a vehicle or cause it to stop or remain at rest on or over any hard strip unless it is necessary to do so for a reason specified in paragraph (2).

• (4) The person in charge of a vehicle at rest on the specified roads by reason of a breakdown shall, after taking any requisite action to comply with paragraph (2), unless it is not reasonably practicable to do so, forthwith report or cause another person to report the breakdown to a constable or an appointed person by means of an emergency telephone, stating the circumstances of the breakdown and the position of the vehicle and its registration mark and giving a description of the vehicle.

• (5) In paragraph (4) “emergency telephone” means a telephone installed in a box and indicated by a traffic sign shown in diagrams 912, 913.2 and 913.3 of Schedule 1 to the Traffic Signs Regulations 1981[^f00009].

• (6) Nothing in the provisions of this regulation shall preclude any person from using the specified roads otherwise than in accordance with those provisions in any of the circumstances mentioned in regulation 16(1) of the Motorways Regulations, but if a vehicle so used suffers a breakdown the person in charge of that vehicle shall comply with paragraphs (2) and (4).

Prevention of obstruction

12

• (1) In this regulation a “stationary vehicle” means a vehicle which is at rest on the specified roads either in contravention of these Regulations or where—

• (a) the vehicle has suffered a breakdown (in this regulation referred to as a “broken down vehicle”),

• (b) no person is for the time being in charge of it, or

• (c) the person in charge of it is not on it or in it.

• (2) A constable or an appointed person may remove a stationary vehicle from the specified roads either—

• (a) to a hard shoulder (as defined by regulation 3(1)(e) of the Motorways Regulations) beyond the limits of the specified roads where the vehicle can be allowed to remain at rest in accordance with regulation 7(1) of the Motorways Regulations; or

• (b) in a case falling within sub-paragraph (b) or (c) of paragraph (1) to the Severn River Crossing dedicated vehicle compound at Aust,

and no person shall obstruct or attempt to obstruct any action taken by a constable or appointed person for the purposes of this paragraph.

• (3) No person other than a constable or an appointed person shall or shall attempt—

• (a) except with permission expressly given by a constable or an appointed person, to repair, refuel, change the tyre or wheel of or otherwise adjust or,

• (b) except for the purpose of complying with paragraph (2) of regulation 11, to movea broken down vehicle on the specified roads.

• (4) An appointed person shall not, and shall not attempt to, repair, refuel or adjust a broken down vehicle except at the request of the person in charge of the vehicle and only if, in the opinion of the appointed person, by his doing so it is likely that the vehicle will be removed from the specified roads sooner than would otherwise be possible.

• (5) Where the power to levy tolls is for the time being exercisable by him, the concessionaire, or otherwise the Secretary of State, shall be entitled to make a charge assessed in accordance with paragraph (6) where a stationary vehicle is removed from, or (instead of being removed) is, at the request of the person in charge of it, repaired, refuelled or adjusted whilst on, the specified roads by an appointed person under paragraph (2) or (4) and the person in charge of the vehicle (if any) and the registered keeper shall be jointly and severally liable to pay to the concessionaire or to the Secretary of State, as the case may be, a charge of an amount determined in accordance with paragraph (6).

• (6) A charge payable under paragraph (5) shall be assessed according to the time taken to effect the removal, repair or adjustment and shall be—

• (a) in relation to category 3 vehicles within the meaning of sub-section (1) of section 8 of the 1992 Act at the rate of £60 for the first half hour or part thereof and £30 for each quarter hour or part thereof after the first half hour; and

• (b) in relation to any other vehicle at the rate of £25 for the first half hour or part thereof and £12.50 for each quarter hour or part thereof after the first half hour.

• (7) For the purposes of paragraph (6) the time taken to effect the removal, repair, refuelling or adjustment of a broken down vehicle shall be reckoned as beginning, in a case where a breakdown vehicle is despatched to the broken down vehicle, with the despatch of that breakdown vehicle and, in any other case, with the time when the appointed person begins to remove, repair or adjust the broken down vehicle and, in either case, as ending when the removal is completed in accordance with paragraph (2) or, where the vehicle is repaired, refuelled or adjusted so that it is able to proceed under its own power, on completion of the repair, refuelling or adjustment.

• (8) In relation to a defence vehicle—

• (a) paragraph (3) shall not apply; and

• (b) the power given by paragraph (2) shall not be exercised while the driver is carrying out any repair or adjustment, unless it appears to a constable that it is necessary or expedient for him or an appointed person to remove the vehicle in order to prevent an obstruction of the specified roads.

• (9) For regulation 7 of the Removal and Disposal of Vehicles Regulations[^f00010] there is substituted:—

(7) Regulations 3, 4, 4A and 5 of these Regulations shall not apply in relation to any vehicle while it is on the specified roads as defined by regulation 3 of the Severn Bridge Regulations 1993.

Prohibition of use of roads

13

• (1) An appointed person may—

• (a) as respects a particular vehicle, by oral instructions given by him to the driver, or

• (b) as respects vehicles of any particular description, by the display of an appropriate notice on or near the roads carried by the existing bridge and within the existing toll plaza area,

prohibit the use of those roads by that vehicle or by vehicles of that description, either generally or unless such requirements as the appointed person may specify are complied with, if it appears to the appointed person that, having regard to any circumstances (including without prejudice to the generality of this paragraph weather conditions) prevailing or appearing to him likely to prevail, such use or, as the case may be, such use without the specified requirements being complied with is likely to be dangerous, unsafe or to cause injury or damage to persons or property or to delay other traffic.

• (2) Where under paragraph (1) the use of the road carried by the existing bridge and the road within the existing toll plaza area by a particular vehicle or by vehicles of a particular description is prohibited, whether generally or unless specified requirements are complied with, no person shall cause or permit the vehicle or a vehicle of that description to be driven on those roads or, as the case may be, to be driven on those roads without the specified requirements being complied with, until he has been informed orally by an appointed person in uniform or by the display of a notice that the prohibition has been lifted.

PART IV — CYCLEWAY AND FOOTWAY

Use of cycleway and footway

14

• (1) In this regulation “authorised traffic”, in relation to the cycleway, means traffic of classes VII, X and XI (as specified in Schedule 4 to the Highways Act 1980[^f00011]) and, in relation to the footway, means traffic of class IX (as specified in that Schedule) and “excluded traffic” in relation to either the cycleway or the footway means traffic which is not authorised traffic.

• (2) Except as a result of an accident or in an emergency, no authorised traffic shall enter or leave the cycleway or the footway otherwise than by means of the junctions of the cycleway and footway with other highways including, in the case of the footway, the footbridge which joins the footway and crosses the existing toll plaza area above the toll-booths.

• (3) No person shall loiter or remain on any part of the cycleway or the footway or in or on any vehicle for the time being using either of them, after having been directed by a constable in uniform to depart or, as the case may be, to remove the vehicle therefrom.

• (4) Excluded traffic is authorised to use the cycleway or the footway (as the case may be)—

• (a) for the maintenance, repair, cleaning, clearance, alteration or improvement of, or for the removal of any vehicle from, any part of the specified roads or the cycleway or footway, or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any such part;

• (b) when it is necessary for such traffic to do so in order to avoid or prevent an accident, or to obtain or give help required as a result of an accident or emergency (including the presence of a vehicle at rest on the specified roads, the cycleway or the footway by reason of the circumstances specified in sub-paragraphs (a) to (c) of regulation 11(2));

• (c) in accordance with any permission given by a constable and for the purpose of investigating any accident which has occurred on the specified roads or on or near the cycleway or the footway;

• (d) in the course of the exercise of the duty of a constable or a member of a fire brigade or of an ambulance service; or

• (e) where it is necessary for such traffic to do so in connection with any inspection, survey, investigation or census which relates to the existing bridge or existing toll plaza area and which is carried out in accordance with any general or special authority granted by the Secretary of State.

• (5) Without prejudice to the foregoing provisions of this regulation, the Secretary of State may authorise the use of the cycleway or the footway by excluded traffic on occasion or in an emergency.

• (6) Nothing in this regulation shall authorise the use of the cycleway or the footway by any vehicle having a gross weight exceeding 3 tonnes or, in relation to any wheel of the vehicle, a wheel weight exceeding 1 tonne.

• (7) In paragraph (6), “gross weight” has the meaning given by regulation 3(2) of the Motor Vehicles (Construction and Use) Regulations 1986[^f00012] and “wheel weight” means the weight transmitted by a wheel of a vehicle to the existing bridge.

PART V — PREVENTION OF INJURY AND DAMAGE

Prevention of injury to persons

15

No person shall, from a vehicle or otherwise, throw, or wilfully or negligently drop or allow to fall, anything on to any part of the roads carried by the existing bridge or within the existing toll plaza area which could injure any person on those roads.

Prevention of damage etc.

16

Unless previously authorised by the concessionaire, where tolls are for the time being leviable by a concessionaire, or by the Secretary of State, it is prohibited to do or attempt any of the following:—

• (a) to go upon, enter, interfere with or use for any purpose any part of the existing bridge or the existing toll plaza area (not being a part of the roads carried by that bridge or within that area or of the cycleway or footway but including any works, structure, building, equipment or apparatus placed in, on, over or under that bridge or area);

• (b) wilfully or negligently to damage or interfere with the existing bridge, the existing toll plaza area, or any structures, works or apparatus on, under or over them or used in connection with the regulation of traffic on the road carried by the bridge or the road within the existing toll plaza area or with the collection of tolls;

• (c) wilfully or negligently to damage or, without the permission of a constable or appointed person, remove, take up or cross any bar, rail, fence or barrier, or force open any gate or moveable barrier, fitted or placed on any part of the existing bridge or the existing toll plaza area for the regulation of any class of traffic including pedestrians;

• (d) wilfully to remove, damage, deface, obscure or mark any part of the existing bridge or existing toll plaza area, or any structure, works or apparatus in, on, under or over that bridge or area or used in connection with the regulation of traffic thereon, or with the levying of tolls or any sign or notice on or near the road carried by the existing bridge or the road within the existing toll plaza area and so used; and

• (e) to post on, or affix to, any part of the existing bridge or existing toll plaza area or to any such structure, works or apparatus, any slogan, bill, placard, notice, device or object.

Interference with signs

17

No person shall, without the previous authorisation of the concessionaire, where tolls are for the time being leviable by a concessionaire, or of the Secretary of State, remove, deface or obscure any notice or sign placed on or near the existing bridge, the existing toll plaza area, or any structure, works or apparatus in, on, under or over that bridge or that area in connection with the regulation of traffic thereon or with the collection of tolls.

SCHEDULE — MODIFICATIONS OF THE MOTORWAYS REGULATIONS IN THEIR APPLICATION TO THE SPECIFIED ROADS

Signed

Signed by authority of the Secretary of State for Transport

Robert Key — Parliamentary Under Secretary of State — Department of Transport — 23rd June 1993

Explanatory note

(This note is not part of the Order)

These Regulations revoke and replace the Severn Bridge Regulations 1966 which were kept in force on a transitional basis by section 42(3) of the Severn Bridges Act 1992 (“the 1992 Act”). These Regulations apply only to the existing Severn Bridge and toll plaza area and not to the new bridge and new toll plaza area at present under construction and, where appropriate, confer powers on the concessionaire authorised pursuant to Part II of the 1992 Act to collect tolls for the use of the bridge as well as on the Secretary of State and on persons appointed by the concessionaire or the Secretary of State pursuant to section 23 of the 1992 Act. The Regulations make provision for the following matters:—

1 The manner in which and the places at which tolls are to be paid are prescribed and traffic is prohibited from passing a toll-booth unless a green light is showing or the driver is allowed or directed to proceed (regulation 5).

2 Appointed persons can direct traffic for the purpose of preventing the use of the bridge without the payment of tolls and it is prohibited to obstruct them when acting to prevent such use (regulations 6 and 7).

3 Drivers are prohibited from using toll lanes shown as being out of use (regulation 8).

4 Notices must be displayed at toll-booths showing the amounts of tolls, the categories of vehicle for which they are chargeable and other provisions in accordance with which tolls are leviable (regulation 9).

5 The Motorways Traffic Regulations 1982 are modified in their application to the roads (“the specified roads”) on the bridge and that part of the toll plaza which has no hard shoulder (regulation 10 and the Schedule) and there are special restrictions on stopping and a requirement to report breakdowns on those roads (regulation 11). Constables and appointed persons are empowered to remove broken down vehicles from the specified roads (regulation 12(2)) and only they can attempt to repair, refuel or adjust such vehicles (other than defence vehicles (regulation 12(7)) on those roads (regulation 12(3)). There are however restrictions on the circumstances in which an appointed person or a person authorised by him can take such action (regulation 12(4)). Prescribed charges may be recovered from the registered keeper or person in charge of a vehicle which is removed from the specified roads or on which work is done at that person’s request (regulation 12(5), (6)). For goods vehicles over 3.5 tonnes maximum gross weight and buses with capacity for more than 16 persons, the charges are £60 for the first half hour and £30 for subsequent quarter hours. For all other vehicles, the rates are £25 and £12.50 respectively. The previous rates (applicable since 1982) were £12 and £5 for all vehicles. The provisions of regulation 12 apply to the exclusion of certain provisions of the Removal and Disposal of Vehicles Regulations 1986 (regulation 12(8)).

6 Appointed persons are empowered, on grounds of safety or for the avoidance of delay, to prohibit particular vehicles or vehicles of a particular description from using the bridge, and toll plaza area either generally or unless specified requirements are complied with (regulation 13). It is an offence to contravene such a prohibition.

7 Special restrictions apply to the use of the cycleway and footway (regulation 14).

8 The throwing or dropping of things on the roads within the bridge and toll plaza area which could cause personal injury is prohibited (regulation 15) and there are prohibitions against going on to the parts of the bridge not comprised in the roads carried by the bridge and within the toll plaza area or the cycleway and footway and against damaging, removing or interfering with works or signs (regulations 16 and 17).

Footnotes

[^f00001]: 1992 c. 3.

[^f00002]: 1984 c. 27. Section 17 was extended in relation to the roads carried by the Severn Bridge and within the toll plaza area by section 22(3) of the Severn Bridges Act 1992 and was amended by Schedule 8 to the Road Traffic Act 1991(c. 40) and by paragraph 28 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22). Section 99 was amended by Schedule 8 to the Road Traffic Act 1991.

[^f00003]: S.I. 1966/1107.

[^f00004]: S.I. 1973/121.

[^f00005]: S.I. 1975/1269.

[^f00006]: S.I. 1982/326.

[^f00007]: S.I. 1982/1163; relevant amending instruments are S.I. 1984/1479 and S.I. 1992/1364.

[^f00008]: 1971 c. 10.

[^f00009]: S.I. 1981/859, to which there are amendments not relevant to these Regulations.

[^f00010]: S.I. 1986/183, amended by S.I. 1993/278.

[^f00011]: 1980 c. 66.

[^f00012]: S.I. 1986/1078, to which there are amendments not relevant to these Regulations.