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

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 (“the 1988 Act”) and section 8(1) to (3) of the Traffic Management Act 2004 (“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 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.

Citation, commencement and extent

1

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.

Conferral of further special powers on traffic officers

2

• (1) The Secretary of State, as the appropriate national authority for the purposes of Part 1 of the Traffic Management Act 2004, confers the following further special powers on traffic officers.

• (2) A traffic officer may require a person driving a heavy commercial vehicle on a road in Kent to produce the following documents if carried on the vehicle or by the driver—

• (a) any documents relating to the vehicle's journey that specify the origin and destination points of, and any goods to be collected or delivered on, that journey;

• (b) any documents relating to goods that are being exported on the vehicle from the United Kingdom to any other country.

• (3) If a traffic officer reasonably believes that a heavy commercial vehicle being driven on a road in Kent is on a relevant journey, they may direct the driver—

• (a) not to proceed to the Channel Tunnel at Folkestone or the Port of Dover other than via a specified road or route in Kent that is open to such traffic;

• (b) to proceed directly to a specified special road in Kent, including via a specified road or route in Kent that is open to such traffic.

• (4) A direction under paragraph (3)—

• (a) must be given by written notice;

• (b) may specify a carriageway, lane or length of a road; and

• (c) ceases to have effect after 24 hours unless given during a traffic restriction period, in which case it ceases to have effect at the end of that period.

• (5) A traffic officer, when giving a direction under paragraph (3), must provide a document to the driver indicating routes in Kent that are open to heavy commercial vehicles on relevant journeys (with or without other information).

• (6) It is an offence for the driver of a vehicle to fail to comply with or contravene—

• (a) a requirement imposed under paragraph (2); or

• (b) a direction given under paragraph (3) unless that direction is disregarded—

• (i) at the direction, or with the permission, of a constable or traffic officer 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.

• (7) A person who commits an offence under paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (8) In this article—

• “heavy commercial vehicle” has the meaning given in section 138 of the Road Traffic Regulation Act 1984 ;

• “Kent” means the geographical area comprised of the areas of Kent County Council and Medway Council;

• “relevant journey” means a journey to a place outside the United Kingdom—via the Channel Tunnel at Folkestone; orwhich involves embarking from the Port of Dover;

• “special road” has the meaning given in section 329(1) of the Highways Act 1980 ;

• “traffic restriction period” means a period of time when a restriction imposed by article 2(1) of the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 applies.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

3

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

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

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

Signed

Signed by authority of the Secretary of State for Transport

Chris Heaton-Harris — Minister of State — 2019-10-24

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1988 c. 53; Part 3A, which includes sections 90A to 90F, was inserted by the Road Safety Act 2006 (c. 49), section 11.

[^f00002]: 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.

[^f00003]: See section 1 (traffic officers: introduction) of the Traffic Management Act 2004.

[^f00004]: 1988 c. 52; section 66A was inserted by the Road Traffic Act 1991 (c. 40), section 9(1), and amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), section 60(1) and Schedule 7, paragraph 11.

[^f00005]: 1984 c. 27; section 138 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), section 4 and Schedule 3, paragraph 25(8). There is another amendment to section 138 that is not relevant.

[^f00006]: 1980 c. 66; the definition of “special road” was amended by the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraph 29(2).

[^f00007]: S.I. 2019/1210.

[^f00008]: S.I. 2009/492, amended by S.I. 2018/1233; there are other amending instruments but none is relevant.

Editorial notes

[^c23914761]: 1988 c. 53; Part 3A, which includes sections 90A to 90F, was inserted by the Road Safety Act 2006 (c. 49), section 11.

[^c23914771]: 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.

[^c23914781]: See section 1 (traffic officers: introduction) of the Traffic Management Act 2004.

[^c23914791]: 1988 c. 52; section 66A was inserted by the Road Traffic Act 1991 (c. 40), section 9(1), and amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), section 60(1) and Schedule 7, paragraph 11.

[^c23914801]: 1984 c. 27; section 138 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), section 4 and Schedule 3, paragraph 25(8). There is another amendment to section 138 that is not relevant.

[^c23914811]: 1980 c. 66; the definition of “special road” was amended by the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraph 29(2).

[^c23914821]: S.I. 2019/1210.

[^c23914831]: S.I. 2009/492, amended by S.I. 2018/1233; there are other amending instruments but none is relevant.

[^key-82bdafe36135d72e643f162f0b3793f9]: Art. 1 in force at 31.10.2019, see art. 1(b)

[^key-bd5712c167b818f8eb89130e62fff070]: Art. 2 in force at 31.10.2019, see art. 1(b)

[^key-49a87728eb3c2d9f20c5df950065ee7a]: Art. 3 in force at 31.10.2019, see art. 1(b)

[^key-9a936dd619fe0a294083b8cc2b2f1d41]: Art. 2(9) omitted (31.10.2021) by virtue of The Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021 (S.I. 2021/1206), arts. 1(b), 2(2)