The River Mersey (Mersey Gateway Bridge) Order 2011

Power to charge tolls

41.—(1) The undertaker may charge tolls or charges for the passage of vehicles over the new crossing or for any other services or facilities provided in connection with the new crossing.

(2) The power to charge tolls or charges referred to in paragraph (1) shall include the power to charge, set, demand, take, recover and waive tolls or charges (or any part of such tolls or charges) and the power to suspend the charging of tolls or charges in whole or in part.

(3) The power to charge tolls or charges shall commence with the opening day but this limitation shall not affect the ability to set tolls or charges prior to that date.

(4) Where tolls or charges payable under or by virtue of this Order remain unpaid after they have become due for payment, the person to whom they are payable may recover from the person liable to pay them the amount of the tolls or charges together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay.

(5) The undertaker may appoint any person to collect tolls or charges as its agent.

(6) Schedule 11 (level of tolls) shall have effect and the tolls chargeable in respect of any vehicle or class of vehicles shall be determined and revised in accordance with Part 1 of that Schedule.

(7) The person by whom tolls under this Order and penalty charges imposed in connection with this Order are payable in respect of a motor vehicle is the registered keeper.

(8) The undertaker shall establish and maintain an exemptions register in accordance with Schedule 12 (register of vehicles exempt from tolls).

(9) Tolls may not be charged in respect of vehicles where the particulars of the vehicle in question have been entered upon the exemptions register.

(10) The tolls or charges charged in accordance with this article may be applied by the undertaker—

(a) in paying the costs and expenses incurred in designing, constructing, managing, operating and maintaining the new crossing and in managing, operating and maintaining the Silver Jubilee Bridge or any costs associated with financing any of the same;

(b) in providing such funds as are, or are likely to be, necessary to discharge the obligations of the undertaker pursuant to a concession agreement;

(c) in paying the interest on, and repaying the principal of, monies borrowed in respect of the new crossing or the Silver Jubilee Bridge;

(d) in making payment into any maintenance or reserve fund provided in respect of the new crossing and the Silver Jubilee Bridge;

(e) in making payments to the undertaker’s general fund for the purpose of directly or indirectly facilitating the achievement of policies relating to public transport in its local transport plan, or for other purposes relating to transport; and

(f) in providing funds for, meeting expenses incurred in, or the cost of securing any necessary authority or consent for, constructing or securing the construction, maintenance and operation of, the new crossing or securing the maintenance or operation of the Silver Jubilee Bridge (as the case may be) or works to the Silver Jubilee Bridge.

(11) The undertaker shall not apply any of the tolls or charges for the purposes mentioned in sub-paragraphs (e) and (f) of paragraph (10)—

(a) in a manner that would contravene Directive 1999/62/EC of the European Parliament and of the Council of 17th June 1999(1) on the charging of heavy goods vehicles for the use of certain infrastructure as amended by Directive 2006/38/EC of the European Parliament and of the Council of 17th May 2006(2) and Council Directive 2006/103/EC of 20th November 2006(3); or

(b) unless it is satisfied that it has applied for the purposes of sub-paragraphs (a) to (d) of that paragraph sufficient funds to ensure the safe, efficient and economic management, operation and maintenance of the new crossing in accordance with all applicable statutory requirements.

(12) Where any scheme of discounts or waivers is proposed in respect of tolls payable or prospectively payable under this Order the undertaker shall in deciding to adopt or apply any such scheme have regard to the most appropriate way of providing the benefits of such a scheme to those socio-economic groups within the Borough of Halton least able to afford the full price of tolls.

(1)

OJL 187, 20.7.1999, p 42.

(2)

OJL 157, 9.6.2006, p 8.

(3)

OJL 363, 20.12.2006, p 344.