Citation, commencement and period in force

1. —(1) This Order may be cited as the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2012;

(2) Articles 1, 2, 5 and 6 come into force on 1st October 2012; and

(3) Articles 3, 4 and 7 come into force on the 7th October 2012.

Interpretation

2. In this Order—

“charging regime” means the charging regime set out in Schedule 2 that applies to the crossing;

“crossing” means the length of highway set out in Schedule 1 and as indicated on the plan;

“local resident” means a person who permanently resides in the borough of Dartford or Thurrock;

“the plan” means the plan marked “the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2012”, signed by authority of the Secretary of State for Transport, and deposited at DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards-on-Sea, Hastings, East Sussex TN37 7GA; and

(1) all measurements of distance are measured along the route of the crossing.

Application of charging regime

3. From 0600 hours on 7th October 2012 the crossing is designated as being subject to the charging regime.

Charging regime

4. —(1) There will be no charge for any motor vehicle from 2200 hours up to, but not including, 0600 hours the following morning.

(2) The charging regime applies to all classes of motor vehicles, as defined in the Road User Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) Regulations 2001( 2 ), using the crossing with the exception of those motor vehicles set out in Schedule 3.

(3) For the purposes of this Order, classes of motor vehicle to which the charging regime applies, and which are drawing a trailer, will be charged as though they are not drawing a trailer.

Advance payments

5. —(1) Subject to paragraph (3), the Secretary of State (or the Secretary of State’s agent) may enter into an agreement (“a composition agreement”) with persons under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used on the crossing may be paid compound in advance.

(2) The composition agreement may relate to use on such number of occasions, or during such period, as may be provided by the agreement, and may provide for a reduction to the charges set out in the charging regime.

(3) Any composition agreement offered by the Secretary of State (or the Secretary of State’s agent) must be offered on the same terms to all persons seeking to enter into such an agreement.

Advance payments for local residents

6. —(1) Subject to paragraph (3), the Secretary of State (or the Secretary of State’s agent) may enter into an agreement with local residents (“a local resident’s agreement”) under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used on the crossing may be paid compound in advance.

(2) A local resident’s agreement may relate to use on such number of occasions, or during such period, as may be provided by the agreement, and may provide for a reduction to the charges set out in the charging regime.

(3) A local resident’s agreement offered by the Secretary of State (or the Secretary of State’s agent) must be offered on the same terms to all local residents seeking to enter into such an agreement.

Revocation

7. The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2008( 3 ) is revoked.

Article 3

SCHEDULE 1 LENGTH OF HIGHWAY SUBJECT TO THE CHARGING REGIME

The length of highway is a length of the A282 trunk road starting at a point below the north face of the bridge carrying Crossways Boulevard University Way (A206) over the trunk road at Junction 1A at Dartford, in the County of Kent, and extending northwards to a point approximately 300 metres north of where it crosses London Road at West Thurrock, in the County of Essex and is labelled A on the plan and carried through twin tunnels beneath the River Thames and on the Queen Elizabeth II bridge over the River Thames.

Article 4

SCHEDULE 2 THE CHARGING REGIME

Article 4(2)

SCHEDULE 3 DESCRIPTIONS OF MOTOR VEHICLES EXEMPT FROM THE CHARGING REGIME

1. The following descriptions of motor vehicles are exempt from the charging regime—

(1) a police vehicle, identifiable as such by writing or markings on it or otherwise by its appearance, or being the property of the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad and issued with a Registration Certificate, being used in the execution of duty;

(2) a military vehicle, that is, a vehicle used for army, naval or air force purposes, while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown;

(3) a military vehicle of a visiting force, that is, a vehicle used for army, naval or air force purposes, whilst being driven by a person who is part of any unit, contingent or detachment of a visiting force of a country, being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom;

(4) a fire engine as defined by paragraph 4(2) of Schedule 2 of the Vehicle Excise and Registration Act 1994( 4 ) being used in the execution of duty;

(5) a vehicle which is kept by a fire authority as defined by paragraph 5 of that Schedule being used in the execution of duty;

(6) an ambulance as defined by paragraph 6(2) of that Schedule being used in the execution of duty;

(7) a vehicle which is kept by a health service body as defined by paragraph 7 of that Schedule being used in the execution of duty;

(8) invalid carriages as defined by paragraph 18 of that Schedule;

(9) vehicles used by or kept for use by or for the purpose of a disabled person as defined by paragraph 19 of that Schedule;

(10) vehicles used for the carriage of disabled persons by recognised bodies in accordance with paragraph 20 of that Schedule;

(11) an omnibus being used for a local service as defined by section 2 of the Transport Act 1985( 5 );

(12) a vehicle being used in connection with—

(a) the collection of charges; or

(b) the inspection, safety, maintenance, improvement or renewal of or other dealing with the length of highway described in Schedule 1 or any structure, works or apparatus in, on, under or over that length of highway; and

(13) a vehicle used by or escorted by the Vehicle and Operator Service Agency in the execution of duty.