The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 163(3)(d), 167(1)(a) and (2)(a) of the Transport Act 2000 authorise the Secretary of State to make a trunk road charging scheme in respect of roads for which he is the traffic authority and which are carried by a bridge or tunnel at least 600 meters in length. The length of road described in Schedule 1 is such a road and charges are currently levied in respect of it under the A282 Trunk Road (Dartford - Thurrock Crossing Charging Scheme) Order 2012 (SI 2012/2387).

This Order revokes the 2012 Order. It maintains the existing charges at the Crossing until free-flow charging commences, when revised charges and procedures will take effect. Free-flow charging means the collection of charges without requiring vehicles to stop and pay at the fixed barriers at the crossing.

Part 1 (articles 1 and 2) deals with preliminary matters. Article 1 provides that the Order ceases to have effect seven years after it comes into force. Article 2 contains interpretation provisions including definitions of the “first charging regime” and the “second charging regime”. It also refers to the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 (SI 2013/1783) (the “Enforcement Regulations”) which make provision for or in connection with the imposition and payment of charging scheme penalty charges.

Part 2 (articles 3 to 7) deals with the designation of the crossing and the charges payable under the two charging regimes. Article 3 designates the crossing (as described in Schedule 1 and indicated on the plan) as the road in respect of which charges are imposed. Articles 4(1) and (2) explain that the first charging regime comes into effect immediately and lasts until free-flow charging commences and that the second charging regime commences simultaneously with the introduction of free-flow charging. Articles 4(3) specifies the classes of motor vehicle in respect of which charges are imposed with reference to the Road User Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) Regulations 2001 (SI 2001/2793) and article 4(4) says that these classifications include vehicles that are drawing trailers. Article 4(5) provides that there will be no charge for a motor vehicle used or kept on the crossing after 2200 hours up to, but not including, 0600 hours the following day. Article 4(6) exempts the vehicles described in Schedule 3 from the charge under either charging regime.

Article 5(1) describes the event by reference to the happening of which a charge is imposed, namely a motor vehicle being used or kept on the crossing. Articles 5(2) and (3) explain that the charges payable under the first charging regime are as set out in column 3 of Schedule 2 and those payable under the second charging regime are as set out in column 4 of Schedule 2. Articles 5(4) and (5) allow the Secretary of State to specify the method or means by which the charge is to be paid, including any equipment that may be provided for carrying on board vehicles using the crossing.

Articles 6 and 7 continue the existing provisions enabling the payment in advance of charges, both generally, and specifically by residents local to the crossing. Agreements for payment in advance may provide for the payment of charges at a reduced rate.

Part 3 (articles 8 and 9) deals with the civil enforcement of unpaid charges under the second charging regime through the imposition of penalty charges. Article 8(1) imposes a penalty charge of the amount shown in Part 1 of Schedule 4 where the charge for using the crossing is not paid in full by midnight on the day after it is imposed. Article 8(2)(a) explains that the penalty charge is payable in addition to the charge imposed under the second charging regime. Articles 8(2)(b)-(d) explain that the penalty charge is payable within 28 days of the penalty charge notice relating to it being served, that the amount of the charge is reduced by half if paid within 14 days or is increased by half if not paid before a charge certificate is served in accordance with regulation 17 of the Enforcement Regulations.

Article 9(1) imposes additional penalty charges of the amounts shown in Part 2 of Schedule 4 where the powers in respect of vehicles described in articles 14 and 15 are exercised.

Part 4 (articles 10 to 15) contain powers that can be exercised in respect of motor vehicles. These powers are to examine vehicles (article 11), enter vehicles (article 12), seize items (article 13), immobilise vehicles (article 14) and remove, store and dispose of vehicles (article 15). The exercise of those powers must be in accordance with the Enforcement Regulations. In particular the power to immobilise a vehicle or remove a vehicle that has not been immobilised can only be exercised where none of the circumstances in regulation 25(2) of the Enforcement Regulations apply and the conditions in paragraph 25(3) of those regulations do apply.

Part 5 (articles 16 and 17) deals with review and revocation. Article 16 explains that the Order will be reviewed by the Secretary of State within five years of it coming into force. Article 17 revokes the previous 2012 charging scheme Order (SI 2012/2387) applying to the crossing.

An impact assessment of the effect that this instrument will have on business and the voluntary sector is available on www.legislation.gov.uk.