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Severn Bridges Act 1992

Status:

This is the original version (as it was originally enacted).

Regulation of traffic etc.

21Prevention of obstruction

(1)For the purpose of preventing obstruction of the roads carried by the bridges and the roads within the toll plaza areas, the Secretary of State may by regulations—

(a)prohibit vehicles from stopping or remaining at rest in prescribed places on those roads, except in prescribed circumstances,

(b)require any person in charge of a vehicle which is at rest by reason of breakdown in a prescribed place on any of those roads to take prescribed steps for reporting that fact and the position and circumstances in which the vehicle is at rest,

(c)prohibit any person, other than a constable or an appointed person—

(i)from carrying out, or attempting to carry out, a repair, adjustment or refuelling of such a vehicle except with permission expressly given by a constable or an appointed person, and

(ii)from moving, or attempting to move, such a vehicle from the position in which it is at rest,

(d)prohibit appointed persons from carrying out, or attempting to carry out, a repair, adjustment or refuelling of such a vehicle except in prescribed circumstances,

(e)empower a constable or an appointed person to remove from its position to a prescribed area a vehicle which is for the time being at rest in a prescribed place on any of the roads to which the regulations relate—

(i)in contravention of the regulations,

(ii)by reason of breakdown,

(iii)without any person being in charge of it, or

(iv)with the person in charge of it not being present in or on it,

(f)in the case of a vehicle which is so removed or which at the request of the person in charge of it is repaired, adjusted or refuelled (instead of being removed) by an appointed person, require the prescribed person to pay a charge of an amount to be determined in accordance with such scales and other provisions as may be prescribed—

(i)where the power to levy tolls is for the time being exercisable by the concessionaire, to him, and

(ii)otherwise, to the Secretary of State, and

(g)prohibit a person from obstructing any action taken by a constable or an appointed person for the purpose of removing a vehicle in accordance with the regulations.

(2)A person who contravenes or fails to comply with a provision of regulations under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)Subject to subsection (4) below, this section and regulations under it shall have effect in relation to—

(a)vehicles belonging to, or used for the purposes of, a Minister of the Crown or government department, and

(b)things done, or omitted to be done, in connection with such vehicles by persons in the public service of the Crown,

as they have effect in relation to other vehicles and persons.

(4)Regulations under this section may provide that, in their application in relation to—

(a)vehicles belonging to the Crown and used for naval, military or air force purposes, or

(b)vehicles used for the purposes of such a body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the [1952 c. 67.] Visiting Forces Act 1952, or used for the purposes of any headquarters or organisation designated by an Order in Council under section 1 of the [1964 c. 5.] International Headquarters and Defence Organisations Act 1964,

the regulations shall have effect subject to such modifications as may be prescribed.

(5)In this section—

  • “breakdown”, in relation to a vehicle, includes mechanical defect, lack of fuel, oil or water required for the vehicle, and any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories, drive it under its own power away from the roads to which regulations under this section relate, and

  • “prescribed” means prescribed by regulations under this section.

(6)No arrangements made under section 12(1) of the [1965 c. 24.] Severn Bridge Tolls Act 1965 (arrangements between Secretary of State and another person for operation of vehicle removal service) shall have effect on or after the appointed day.

22Special traffic restrictions

(1)In relation to the roads carried by the bridges and the roads within the toll plaza areas, the power conferred by subsection (2) of section 14 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic on roads) shall be exercisable by a constable or an appointed person (as well as by the Secretary of State as traffic authority).

(2)Where that power is exercised by virtue of subsection (1) above, it may be exercised either by notice or by such other means as the constable or appointed person considers appropriate for communicating the prohibition or restriction to persons affected by it; and subsections (4) and (7) of that section shall apply in relation to a communication made by such other means as they apply in relation to a notice under subsection (2) of that section.

(3)In relation to the roads carried by the bridges and the roads within the toll plaza areas, the power conferred by section 17 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (traffic regulation on special roads) shall include power, by regulations made under that section, to prohibit, or to empower appointed persons to prohibit, the use of the roads by—

(a)a particular vehicle, or

(b)vehicles of a particular description,

either generally, in particular circumstances or unless particular requirements imposed by or under the regulations are complied with.

23Appointed persons

(1)In this Act “appointed person” means—

(a)where the power to levy tolls is for the time being exercisable by the concessionaire, a person appointed by him, and

(b)otherwise, a person appointed by the Secretary of State.

(2)Appointments under subsection (1)(a) above shall be subject to the approval of the Secretary of State.

(3)An appointed person may not act as such unless wearing a uniform of a description approved by the Secretary of State.

(4)A local authority may enter into an agreement with the concessionaire or the Secretary of State (on such terms and subject to such conditions, as to payment or otherwise, as they consider appropriate) in pursuance of which employees of the authority are to be appointed persons; and a local authority may provide employees (and associated services and facilities) in accordance with such an agreement.

24Prevention of damage etc

(1)The Secretary of State may by regulations impose such prohibitions and restrictions as he may consider necessary for preventing—

(a)injury to persons on the roads carried by the bridges or the roads within the toll plaza areas,

(b)damage to, and other interference with, the bridges and toll plazas, those roads and structures, works and apparatus on, under or over those roads or used in connection with the regulation of traffic on those roads or with the collection of tolls,

(c)removal, defacing or obscuring of notices and signs placed on or near the bridges or toll plazas or those roads, or on such structures, works or apparatus, in connection with the regulation of traffic on those roads or with the collection of tolls.

(2)A person who contravenes or fails to comply with a provision of regulations under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

25Use of cycleway or footway

(1)The Secretary of State may by regulations make provision authorising and regulating the use of the cycleway or footway by vehicles which are exempt from tolls under section 8(5)(f) above and by other vehicles in the case of an accident or emergency.

(2)In subsection (1) above—

  • “the cycleway” means the part of the road carried by the existing bridge which is provided for the use of traffic of Classes VII, X and XI (as specified in Schedule 4 to the [1980 c. 66.] Highways Act 1980), and

  • “the footway” means the part of that road which is provided for the use of pedestrians and other traffic of Class IX (as specified in that Schedule).

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