The River Mersey (Mersey Gateway Bridge) Order 2011

Payment of tolls

42.—(1) Subject to paragraphs (5) and (11) of this article a toll imposed by this Order, the amount of which is determined in accordance with Schedule 11 (level of tolls), shall be paid by such method as may be specified by the undertaker or such other method as the undertaker may in the particular circumstances of the case accept.

(2) Without limiting the scope of paragraph (1), except where the undertaker elects in accordance with paragraph (5), tolls may be payable—

(a) when demanded by a person authorised by the undertaker or its agent in that behalf at a place designated by the undertaker for the collection of tolls; or

(b) by inserting the appropriate payment for a toll at any appropriate collection point.

(3) The undertaker or its agent may enter into an agreement (“composition agreement”) under which persons compound, on such terms as may be provided by the agreement, for the payment of tolls in respect of the use of the new crossing.

(4) A composition agreement may relate to use on such number of occasions or during such period as may be provided by the agreement.

(5) Where the condition described in paragraph (13) applies the undertaker may elect that, instead of any other method of payment, tolls shall be payable by means of entering into a composition agreement in which case the undertaker may require that method to apply exclusively.

(6) Without limiting the scope of paragraph (4), a composition agreement may be entered into for one of the following periods—

(a) the duration of a single journey;

(b) a number of single journeys specified in the composition agreement;

(c) a single day or any number of single days;

(d) a period of 5 or 7 consecutive days;

(e) a period of a single month; or

(f) a period of one year.

(7) Where the undertaker has elected pursuant to paragraph (5) that the exclusive method of paying tolls shall be by means of entering a composition agreement, such a composition agreement may be entered into—

(a) on the day concerned, the first day concerned or (where it relates to a single journey) the day of the journey concerned;

(b) on a day falling within the period of 64 days immediately preceding the day concerned, the first day concerned, or (where it relates to a single journey) the day of the journey concerned; or

(c) on the day after the day concerned, the first day concerned, or (where it relates to a single journey) the day of the journey concerned.

(8) The following provisions shall apply to composition agreements—

(a) a composition agreement shall be specific to a particular vehicle;

(b) that vehicle shall be identified by its registration mark; and

(c) a person entering into a composition agreement with the undertaker shall specify to the undertaker or its agent the registration mark of the vehicle to which the composition agreement relates.

(9) Where a composition agreement is entered into or purported to be entered into, and payment is to be made to the undertaker otherwise than in cash, and payment is not received by the undertaker or its agents (whether because a cheque is dishonoured or otherwise), the toll or tolls to which the composition agreement relates shall be treated as not paid and the composition agreement shall be void.

(10) The undertaker may require a vehicle that is subject to a composition agreement to display a document in that vehicle or carry in or fix equipment to that vehicle.

(11) The undertaker may impose such reasonable conditions upon the making of a composition agreement as it considers appropriate including in relation to the transfer of the benefit of composition agreements or refund of payments.

(12) Where any composition agreement provides for a discount or waiver of any toll or part of any toll calculated solely by reference to the use of the new crossing—

(a) for a number of journeys; or

(b) for any period,

users of the new crossing or prospective users of the new crossing shall not be prevented from entering into such a composition agreement by reason of their place of residence or business.

(13) The condition referred to in paragraph (5) is fulfilled when the method of payment for use of the new crossing is not secured by the use of barriers preventing vehicles from proceeding until a toll is paid.