1.  This Order may be cited as the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2008 and shall come into force on 15th November 2008, and shall remain in force indefinitely.

2.  In this Order—

(1) all measurements of distance are measured along the route of the relevant highway;

(2) “the plan” means the plan marked “The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2008”, 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

(3) “local resident” means a person who permanently resides in the borough of Dartford or Thurrock.

(4) From 2200 hours on the 15 November 2008 the length of highway set out in Schedule 1 (“the Crossing”) and indicated on the plan, shall become subject to the charging regime set out in Schedule 2.

(5) The charging regime set out in Schedule 2 may be varied by the Secretary of State in the time and manner set out in Schedule 3.

3.  The charging regime shall apply to all classes of motor vehicles using the highway described in Schedule 2 with the exception of those motor vehicles set out in Schedule 4.

4.—(1) The Secretary of State (or his agent) may enter into agreements (“composition agreements”) under which persons compound in advance, on such terms as may be provided by the agreement, for the payment of charges on a motor vehicle with respect to the use of the Crossing.

(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 Schedule 2.

(3) Any composition agreement as described in (1) offered by the Secretary of State or his agent must be offered on the same terms to all persons seeking to enter a composition agreement in relation to the use of the Crossing.

5.—(1) The Secretary of State (or his agent) may enter into agreements (“local resident’s agreement”) under which local residents may compound in advance, on such terms as may be provided by the agreement, for the payment of charges on the motor vehicle specified in that Agreement, with respect to the use of the Crossing.

(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, or exemption from, the charges set out in Schedule 2.

(3) Any local resident’s agreement as described in (1) offered by the Secretary of State or his agent must be offered on the same terms to all persons seeking to enter a local resident’s agreement in relation to the use of the Crossing.

6.  Nothing in this Order shall prevent the Secretary of State from suspending this Order at any time when such suspension is considered necessary for the purpose of facilitating the movement of traffic or in the interests of the safety of the public.

7.  The A282 Trunk Road (Dartford- Thurrock Crossing Charging Scheme) Order 2002(2) is revoked.

SCHEDULE 1LENGTH OF HIGHWAY SUBJECT TO THE CHARGING REGIME

The length of highway subject to the charging regime is a length of the A282 Trunk Road of approximately 3.5 kilometres from 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, the highway being 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.

SCHEDULE 2THE CHARGING REGIME

1.  In the Table below the class of motor vehicle is that defined in The Road User Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) Regulations 2001(3).

2.  There shall be no charge for any vehicle from 2200 hours up to but not including 0600 hours.

SCHEDULE 3VARIATION OF THE CHARGING REGIME IN LINE WITH THE RETAIL PRICE INDEX

3.  In this Schedule—

(1) “the base month” means the month of December; and

(2) “the revision date” means the day immediately following the end of the period of two months beginning with the 1st day of the base month.

4.  On or within the period of twenty-one days following—

(1) the first revision date after the charging regime in Schedule 2 has been in operation one full year; and

(2) each succeeding revision date falling within the duration of this Order;

the Secretary of State may make a variation order fixing the amounts of the charges in respect of all classes of vehicles in respect of which charges are leviable.

5.  Subject to the following provisions of this Schedule, the amount of the charge to be fixed by the variation order in respect of each class of vehicles shall be an amount arrived at by increasing the amount applicable in the case of that class in Schedule 2 by the same percentage as the percentage increase between the retail prices index for December 2008 and the retail prices index for the base month in relation to the revision date in question.

6.  Any amount which falls in accordance with paragraph 3 to be fixed by a variation order under this Schedule—

(1) if it is neither a multiple of ten nor an amount which on division by ten produces a remainder of five shall be rounded to the nearest ten pence; and

(2) if it is an amount which on division by ten produces a remainder of five, shall be increased by five pence.

7.  Where the amount of any charge which, in accordance with the preceding provision of this Schedule, falls to be fixed by a variation order made under this Schedule in respect of any class of vehicles exceeds that in force under the last previous variation order so made, the new variation order may fix an amount which does not implement the increase or implements it only in part.

8.  A variation order made under this Schedule shall come into force on the 1st day of April.

9.  The Secretary of State shall give not less than 7 days notice of his intention to implement the variation by publishing a notice thereof in at least one local newspaper circulating in the relevant area and in the London Gazette.

10.  References in this Schedule to the retail prices index means the monthly United Kingdom Index of Retail Prices (for all items) published by the Office for National Statistics; and if that index is not published for any month those references shall be read as references to any substitute index or index figures published by that Office for that month.

SCHEDULE 4DESCRIPTIONS OF MOTOR VEHICLES EXEMPT FROM THE CHARGING REGIME

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

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

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

(6) 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;

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

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

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

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

(11) 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.

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

EXPLANATORY NOTE

(This note is not part of the Order)

Section 167(2)(a) of the Transport Act 2000 authorises the Secretary of State to operate a road charging scheme at the Dartford-Thurrock Crossing. Road charges are currently levied in accordance with The A282 Trunk Road (Dartford- Thurrock Crossing Charging Scheme) Order (SI 2002/ 1040).

This Order revokes the 2002 Order and creates revised charges and new provisions to enable a local discount scheme to be operated. It also revises the exemptions for certain classifications of vehicles and military vehicles.