SCHEDULES

Article 51

SCHEDULE 13LOWER THAMES CROSSING BYELAWS

PART 1PRELIMINARY

Citation

1.  These byelaws may be cited as the Lower Thames Crossing Byelaws 2025 and are deemed to have been made by the undertaker under article 51(1) (byelaws relating to the tunnel area) of the A122 (Lower Thames Crossing) Development Consent Order 2025 and confirmed by the Secretary of State as provided for by article 51(2) of that Order.

Interpretation

2.—(1) In these byelaws unless the context otherwise requires—

“authorised person” means–

“the byelaws” means these byelaws;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

“tobacco product” has the same meaning as given in section 1 of the Tobacco Products Duty Act 1979(1) and includes a vaporiser;

“traffic officer” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act;

“trailer” means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“the tunnel approaches” means the southern and northern approaches to the tunnel between the barrier gantry and the portal shown on the tunnel area plan;

“the tunnel area” means the extent of the public highway to be comprised in and along the tunnel and the tunnel approaches and shown on the tunnel area plan;

“the tunnel area plan” means the plan of that description listed in Schedule 16 (documents to be certified) certified by the Secretary of State as the tunnel area plan for the purposes of the A122 (Lower Thames Crossing) Development Consent Order 2025;

“tunnel equipment” includes plant and machinery, and any emergency, safety or communications equipment;

“tunnel infrastructure” means the structure (including the carriageway) of the tunnel area;

“tunnel” means the tunnel under the River Thames connecting Gravesend to Thurrock constructed under the A122 (Lower Thames Crossing) Development Consent Order 2025 and shown as the tunnel on the tunnel area plan;

“the undertaker” means National Highways Limited (Company No. 09346363) of Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ; and

“vaporiser” means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device.

(2) The Interpretation Act 1978(2) applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

PART 2RESTRICTIONS IN THE TUNNEL AREA

General safety

3.—(1) A person must not operate, obstruct, interfere with or stop any tunnel equipment except—

(a)by means of any of the controls intended for use by that person; or

(b)in an emergency and by means of equipment on or near which is a notice indicating that it is to be used in an emergency.

(2) A person must not place, throw, drop or trail anything which is capable of injuring or endangering any person or damaging any property in the tunnel area.

(3) A person must not—

(a)allow or cause to be allowed a motor vehicle to stop or to remain at rest in any part of the tunnel area unless directed to do so by an authorised person;

(b)obstruct or in any way interfere with the tunnel area;

(c)without reasonable cause, activate, use or interfere with any emergency, safety or communications equipment within the tunnel area.

Traffic regulation

4.—(1) A person must not enter the tunnel area on foot without authorisation.

(2) A person must not use or cause to be used within the tunnel area—

(a)a pedal cycle (whether electric or not), tricycle, barrow, cart, buggy, pedicab, rickshaw, vehicle used as a personal transporter, or human or animal drawn means of conveyance except if it is conveyed as the load or part of the load of a motor vehicle;

(b)a motor vehicle with a load unless the load carried by the motor vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance is caused or is likely to be caused to a person or property by reason of the load or any part of the load falling or being thrown from the motor vehicle;

(c)a motor vehicle which—

(i)has insufficient fuel or power for the journey to be completed in the tunnel area without the need for additional fuel or power; or

(ii)by reason of its condition is likely to break down or is in such condition as is likely to injure persons or damage property.

(3) A person must not—

(a)take into the tunnel area an animal unless the animal is enclosed in a motor vehicle or trailer; or

(b)release any animal from a motor vehicle or trailer in the tunnel area.

(4) A person must not abandon a motor vehicle in the tunnel area except in an emergency as directed by an authorised person.

(5) A driver of a motor vehicle must not drive in the tunnel area at a speed of less than ten miles per hour except where the driver is prevented from driving at or above ten miles per hour on account of the traffic flow.

Breakdowns and falling loads

5.—(1) No driver of or passenger in a motor vehicle which has broken down may carry out repairs to or refuel a motor vehicle in the tunnel area without the permission of an authorised person.

(2) A driver of a motor vehicle which has broken down in the tunnel area must—

(a)immediately notify an authorised person of the breakdown; and

(b)switch on the motor vehicle’s hazard lights.

(3) A driver of a motor vehicle which has shed its load in full or in part in the tunnel area such that it has caused, or may cause, an obstruction or other hazard to users of the tunnel area must—

(a)not attempt to reclaim the load;

(b)immediately inform an authorised person of the loss of the load and of its approximate location; and

(c)immediately inform an authorised person of the identity of, and contact details for, the owner of the load.

Restrictions on conduct in the tunnel area

6.—(1) A driver of a motor vehicle must not sleep within the tunnel area.

(2) A person must not—

(a)enter, attempt to enter or remain in any part of the tunnel area where there is a notice prohibiting or restricting access;

(b)climb upon, remove or damage (whether deliberately or negligently) any tunnel infrastructure or tunnel equipment;

(c)remove, move or otherwise interfere with the tunnel or any machinery, apparatus, tools or other things in use or intended for use in connection with the tunnel or the tunnel approaches;

(d)post a bill, placard or notice on any tunnel infrastructure or tunnel equipment;

(e)write, print, draw or paint on or cut, mark or stamp any tunnel infrastructure or tunnel equipment;

(f)fix anything to any tunnel equipment or tunnel infrastructure;

(g)spit, urinate or defecate in the tunnel area;

(h)leave litter or waste in the tunnel area;

(i)move, alter, deface or otherwise interfere with any notice belonging to the undertaker which is exhibited or placed in the tunnel area;

(j)loiter in the tunnel area if asked to leave by an authorised person;

(k)obstruct an authorised person acting in the course of their duties;

(l)smoke or suck a tobacco product or carry a tobacco product or any other item that is alight in the tunnel area;

(m)operate a music or sound system at such volume as to cause nuisance to users of the tunnel area;

(n)unnecessarily, inappropriately or excessively use a car horn, klaxon or lights (including car lamps) in the tunnel area; or

(o)without prejudice to any other requirement of these byelaws, act in any way as to cause a nuisance in the tunnel area.

PART 3ENFORCEMENT

Compliance with instructions, etc.

7.—(1) A person reasonably suspected by an authorised person of breaching or attempting to breach a byelaw must immediately give that person’s name and address when requested to do so by an authorised person.

(2) The authorised person requesting details under byelaw (1) must state the nature of the suspected breach of the byelaw in general terms at the time of the request.

(3) A person in the tunnel area must carry out the reasonable instructions of an authorised person or the requirements of a notice displayed by the undertaker.

(4) A person acting in compliance with the instructions of an authorised person does not commit a breach of the byelaw which otherwise prohibits the act.

(5) A person is not subject to a penalty for breach of a byelaw by disobeying a notice unless it is proved to the satisfaction of the Court before which the complaint is laid that the notice referred to in the particular byelaw was displayed.

Identification of authorised persons

8.  An authorised person who is exercising any power conferred on an authorised person by any of the byelaws must produce a form of identification which includes the name of the authorised person’s employer and a means of identifying the authorised person, when requested to do so.

Breaches by authorised persons

9.  An authorised person acting in the course of the authorised person’s duties is not liable for a breach of a byelaw.

Attempted breach

10.—(1) A person who attempts to breach a byelaw is liable to the same penalty as a person who breaches a byelaw.

(2) An authorised person may prevent the driver of a motor vehicle from gaining access to the tunnel area if the appointed person has reasonable cause to believe the driver of the motor vehicle is contravening, or will contravene if allowed to proceed, any of the byelaws.