SCHEDULES
Article 45
SCHEDULE 12ROAD USER CHARGING PROVISIONS FOR USE OF THE LOWER THAMES CROSSING
Interpretation
schedule 12 paragraph 1 1.—(1) In this Schedule—
term the 2013 order “the 2013 Order” means the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2013(1) as may be amended from time to time;
term custodian “custodian” means a person authorised in writing by the Secretary of State to keep in storage motor vehicles which are removed under this Schedule;
term dartford thurrock crossing “Dartford-Thurrock Crossing” means the road which 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 carried through twin tunnels beneath the River Thames and on the Queen Elizabeth II bridge over the River Thames;
term enforcement regulations “Enforcement Regulations” means the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013(2) as may be amended from time to time;
term local resident “local resident” means a person who permanently resides in the borough of Gravesham or Thurrock;
term motor vehicle “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; and
term replacement dartford thurrock charging order “replacement Dartford-Thurrock Charging Order” means where the 2013 Order has been revoked, any order made under Part 3 of the 2000 Act or the provisions of any other enactment that provides for the imposition of road user charging in relation to the Dartford-Thurrock Crossing as may be amended from time to time.
(2) References to the 2013 Order, a replacement Dartford-Thurrock Charging Order and the Enforcement Regulations are, for the purposes of this Schedule, to be construed as a reference to those provisions as amended, substituted or replaced, and with such modifications as are required in those circumstances.
Application of the Enforcement Regulations
schedule 12 paragraph 2 2. The Enforcement Regulations apply to this Schedule as though it were a charging scheme for the purposes of those regulations.
Imposition of charges for the tunnel area
schedule 12 paragraph 3 3.—(1) From the day the tunnel area is open for traffic, the Secretary of State may charge each single use of the tunnel area by a motor vehicle the amount specified in sub-paragraph (2).
(2) Subject to sub-paragraph (3), the charge payable to the Secretary of State under sub-paragraph (1) will be—
schedule 12 paragraph 3 2 a (a)subject to article 4(5) of the 2013 Order, the amount in column 4 of Schedule 2 to the 2013 Order in respect of the classes of motor vehicle specified in column 2 of Schedule 2 to that Order; or
schedule 12 paragraph 3 2 b (b)the amount caused to be charged if that motor vehicle uses the Dartford-Thurrock Crossing under any replacement Dartford-Thurrock Charging Order.
(3) For the purposes of assessing the amount payable under sub-paragraph (2), any agreements relating to advanced payments or discounts in respect of the use of the Dartford Thurrock Crossing are to be disregarded.
(4) Subject to sub-paragraph (5), a vehicle is exempt from the road user charge under paragraph (1) where that motor vehicle falls—
schedule 12 paragraph 3 4 a (a)within the definitions in paragraph 1 of Schedule 3 to the 2013 Order; or
schedule 12 paragraph 3 4 b (b)within an exemption in any replacement Dartford-Thurrock Charging Order.
(5) For the purposes of sub-paragraph (4), a reference in paragraph 1(6) of Schedule 3 to the 2013 Order or any exemption in any replacement Dartford-Thurrock Charging Order to the Dartford-Thurrock Crossing is to be construed as reference to the tunnel area.
Payment of charges
schedule 12 paragraph 4 4.—(1) A road user charge imposed by paragraph 3(1) must be paid in accordance with the provisions of this paragraph.
(2) A road user charge must be paid in respect of a particular motor vehicle and for a single crossing.
(3) A motor vehicle referred to in sub-paragraph (2) must be identified by its registration mark, and the payer of the charge must specify the registration mark of the motor vehicle in respect of which that charge is paid.
(4) A road user charge imposed under paragraph 3(1) must be paid by such means as the Secretary of State may specify on its website or the equivalent electronic publication as being acceptable.
Payments for local residents
schedule 12 paragraph 5 5.—(1) If a road user charge is imposed under paragraph 3(1), the Secretary of State may enter into an agreement with a local resident (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 or kept on the tunnel area may be paid.
(2) A local resident’s agreement—
schedule 12 paragraph 5 2 a (a)may relate to such use or keeping on such number of occasions, or during such period, as may be provided by it; and
schedule 12 paragraph 5 2 b (b)must provide for a reduction in the road user charge payable under paragraph 3(1) in accordance with sub-paragraph (3).
(3) The reduction referred to in sub-paragraph (2)(b) must reflect the reduction provided to the residents of the borough of Dartford and Thurrock in any agreements relating to payments or discounts in relation to the Dartford-Thurrock Crossing by virtue of the 2013 Order or any replacement Dartford-Thurrock Charging Order.
(4) A local resident’s agreement offered by the Secretary of State under sub-paragraph (1) must be offered on the same terms to all local residents seeking to enter into such an agreement.
Other payments
schedule 12 paragraph 6 6.—(1) If a road user charge is imposed under paragraph 3(1), the Secretary of State may enter into an agreement with persons (a “payment agreement”) under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used or kept on the tunnel area may be paid.
(2) An agreement under sub-paragraph (1)—
schedule 12 paragraph 6 2 a (a)may relate to such use or keeping on such number of occasions, or during such period, as may be provided by it; and
schedule 12 paragraph 6 2 b (b)may provide for a reduction in charge the payable under paragraph 3(1) in accordance with sub-paragraph (3).
(3) The reduction referred to in sub-paragraph (2)(b) must reflect the reduction provided in any agreements relating to payments or discounts in relation to the Dartford-Thurrock Crossing by virtue of the 2013 Order or any replacement Dartford-Thurrock Charging Order.
(4) A payment agreement offered by the Secretary of State under sub-paragraph (1) must be offered on the same terms to all persons seeking to enter into such an agreement.
Penalty charge for non-payment of road user charge
schedule 12 paragraph 7 7.—(1) A penalty charge will be payable where—
schedule 12 paragraph 7 1 a (a)a relevant motor vehicle has been used on the tunnel area in circumstances in which a road user charge is imposed by paragraph 3(1);
schedule 12 paragraph 7 1 b (b)that charge has not been paid in full in the manner in which and within the time by which it is required to be paid by paragraph 3.
term the payment period (2) A penalty charge payable by virtue of sub-paragraph (1) must be paid within the period (“the payment period”) of 28 days beginning with the date on which a penalty charge notice is served under regulation 7 of the Enforcement Regulations and in a manner specified in the penalty charge notice.
(3) The amount of a penalty charge payable in accordance with sub-paragraph (1) is the penalty charge for non-payment of a road user charge specified in Part 1 of Schedule 4 to the 2013 Order or any provision of any replacement Dartford Thurrock Crossing Charging Order but, if the penalty charge is paid before the end of the fourteenth day of the payment period, the amount will be reduced by one half.
(4) Where a charge certificate is issued in accordance with regulation 17(1) of the Enforcement Regulations, the amount of the penalty charge to which it relates will be increased by one half.
(5) The road user charge under paragraph 3(1) will be payable in addition to the charge under sub-paragraph (1) where the 2013 Order or any replacement Dartford-Thurrock Charging Order requires any penalty charge to be payable in addition to a road user charge for use of the Dartford Thurrock Crossing.
Exercise of powers
schedule 12 paragraph 8 8.—(1) The Secretary of State may authorise in writing a person to exercise any one or more of the powers in paragraphs 9 to 13 of this Schedule.
(2) Any person authorised by the Secretary of State in accordance with sub-paragraph (1) is an authorised person within the meaning of regulation 21 of the Enforcement Regulations.
Examination of motor vehicles
schedule 12 paragraph 9 9. The Secretary of State or a person authorised by the Secretary of State may examine a motor vehicle whilst it is on a road to ascertain if any of the circumstances described in regulation 22 of the Enforcement Regulations exists.
Entering motor vehicles
schedule 12 paragraph 10 10. The Secretary of State or a person authorised by the Secretary of State may enter a motor vehicle whilst it is on a road where they have reasonable grounds for suspecting that any of the circumstances described in regulation 23(1) of the Enforcement Regulations exists.
Seizure
schedule 12 paragraph 11 11. The Secretary of State or a person authorised by the Secretary of State may seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the failure to pay a charge under paragraph 3(1).
Immobilisation of motor vehicles
schedule 12 paragraph 12 12.—(1) Provided that—
schedule 12 paragraph 12 1 a (a)none of the circumstances in paragraph (2) of Regulation 25 of the Enforcement Regulations apply; and
schedule 12 paragraph 12 1 b (b)the conditions in paragraph (3) of that Regulation apply,
the Secretary of State or a person authorised by the Secretary of State may immobilise a motor vehicle in accordance with paragraphs (4) and (5) of that Regulation.
(2) A motor vehicle to which an immobilisation device has been fixed in accordance with the provisions of this paragraph—
schedule 12 paragraph 12 2 a (a)may be released only by or under the direction of the Secretary of State or a person authorised by the Secretary of State; and
schedule 12 paragraph 12 2 b (b)subject to paragraph (a), will be released—
schedule 12 paragraph 12 2 b i (i)if all outstanding charges under paragraph 7 are paid; and
schedule 12 paragraph 12 2 b ii (ii)if a penalty charge of the amount specified for the release of an immobilised motor vehicle under article 9(1)(a) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Crossing Charging Order is so paid.
Removal, storage and disposal of motor vehicles
schedule 12 paragraph 13 13.—(1) Provided Regulation 27(1)(a) or (b) of the Enforcement Regulations is satisfied, the Secretary of State or a person authorised by the Secretary of State may remove a motor vehicle and deliver it to a custodian for storage.
(2) The custodian may dispose of the motor vehicle and its contents in the circumstances described in, and subject to the provisions of, Regulation 28 of the Enforcement Regulations.
(3) Where a motor vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (1) the custodian may (whether or not any claim is made under Regulation 30 or 31 of the Enforcement Regulations) recover from the person who was the keeper of the motor vehicle when the motor vehicle was removed—
schedule 12 paragraph 13 3 a (a)all outstanding charges under paragraph 3(1);
schedule 12 paragraph 13 3 b (b)all penalty charges that are outstanding in relation to the motor vehicle;
schedule 12 paragraph 13 3 c (c)a penalty charge of the amount specified for the return of a motor vehicle under article 9(1)(b) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Charging Order;
schedule 12 paragraph 13 3 d (d)a penalty charge of the amount specified for storage of a motor vehicle for each complete day or part of a day on which it has been held by the custodian under article 9(1)(c) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Charging Order; and
schedule 12 paragraph 13 3 e (e)if the motor vehicle has been disposed of, a penalty charge of the amount specified for the disposal of a vehicle under article 9(1)(d) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Crossing Charging Order.