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introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document

Safe roads, reliable journeys, informed travellers

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Introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the Dartford-Thurrock River Crossing

Consultation document

An executive agency of the Department for Transport

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ContentsExecutive summary 3

What the consultation is aboutDuration of consultationHow to respondFreedom of Information

Consultation principles

1. Introduction 4

1.1 Background and location1.2 Capacity and congestion1.3 Managing congestion at the Dartford Crossing

2. Context 6

2.1 Alignment with recent charges consultation2.2 Post-payment periods2.3 The need for enforcement measures on a ‘free-flow’ charging scheme

3. The proposal 7

3.1 A new Charging Scheme Order3.2 Justification for penalty charge levels proposed3.3 Impact of the new Charging Scheme Order

4. Consultation questions 10

QuestionsWhat will happen next

Appendix A. Draft Charging Scheme Order 11

Appendix B. List of statutory consultees 12

Appendix C. Impact Assesment 13

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Executive summaryWhat the consultation is aboutThis document sets out the Secretary of State’s reasons for proposing a new Charging Scheme Order for the Dartford-Thurrock River Crossing. The Government is seeking views on the proposed new order (see Appendix A – Draft Charging Scheme Order) that would support the introduction of a ‘free-flow’ charging operation at the Crossing by drawing on new enabling Enforcement Regulations. The proposed new Enforcement Regulations are being consulted on separately by the Department for Transport (see www.dft.gov.uk/consultations/dft-2012-18). This consultation document focuses on the new Charging Scheme Order, which would replace The A282 Trunk Road (Dartford-Thurrock Charging Scheme) Order 2012 1. The Government is seeking views on the following: 1. Introduction of post-pay periods to provide additional opportunities to comply with the requirements of the Charging Scheme Order before road users become subject to enforcement, and

2. Introduction of enforcement measures at the Crossing.

Duration of consultationThe consultation period will run for a period of 12 weeks from 5 November 2012 until 28 January 2013.

How to respondThe consultation is seeking views from statutory consultees, as well as other public bodies, organisations or businesses, and members of the public. A list of statutory consultees is attached in Appendix B – List of Statutory Consultees.

Please ensure that your response reaches us before the closing date of 28 January 2013. If you would like further copies of this consultation document, it can be found at http://www.highways.gov.uk/dartfordcsoconsultation.

You are invited to respond using the online questionnaire.Alternatively, a downloadable questionnaire is available on our website and can be emailed to [email protected],

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or printed and returned by post to:Beth Jackson, Dartford Charging Scheme Order Consultation, Highways Agency, Woodlands, Manton Lane, Bedford, MK41 7LW.If you require alternative formats (braille, audio CD, etc) please contact [email protected].

When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, please make it clear who the organisation represents and, where applicable, how the views of members were assembled. Freedom of informationInformation provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) 2 or the Environmental Information Regulations 2004 3.

If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Highways Agency.

The Highways Agency will process your personal data in accordance with the Data Protection Act 1998 4 (DPA) and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

1 The A282 Trunk Road (Dartford-Thurrock Charging Scheme) Order 2012 (S.I. 2012/2387) - http://www.legislation.gov.uk/uksi/2012/2387/made2 Freedom of Information Act 2000 - http://www.legislation.gov.uk/ukpga/2000/36/contents

3 The Environmental Information Regulations 2004 -2004 (S.I. 2004/3391) - http://www.legislation.gov.uk/uksi/2004/3391/contents/made4 Data Protection Act 1998 - http://www.legislation.gov.uk/ukpga/1998/29/contents<<

http://www.dft.gov.uk/consultations/dft-2012-18

http://www.dft.gov.uk/consultations/dft-2012-18

http://www.highways.gov.uk/dartfordcsoconsultation

mailto:[email protected]

mailto:[email protected]

http://www.legislation.gov.uk/uksi/2012/2387/made

http://www.legislation.gov.uk/ukpga/2000/36/contents

http://www.legislation.gov.uk/uksi/2004/3391/contents/made



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Consultation principlesThe consultation is being conducted in line with the Government’s key consultation principles which are listed below. Further information is available on the Cabinet Office website at https://update.cabinetoffice.gov.uk/resource-library/consultation-principles-guidance.

If you have any comments about the consultation process please contact:

Ian SweetingConsultation Co-ordinatorHighways AgencyThe Cube199 Wharfside StreetBirminghamB1 1RN

Consultation principles

• Departmentswillfollowarangeoftimescalesratherthandefaulting to a 12-week period, particularly where extensive engagement has occurred before;

• departmentswillneedtogivemorethoughttohowtheyengage with and consult with those who are affected;

• consultationshouldbe‘digitalbydefault’,butotherformsshould be used where these are needed to reach the groups affected by a policy; and

• theprinciplesoftheCompactbetweengovernmentandthe voluntary and community sector will continue to be respected.

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https://update.cabinetoffice.gov.uk/resource-library/consultation-principles-guidance

https://update.cabinetoffice.gov.uk/resource-library/consultation-principles-guidance

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1. Introduction1.1 Background and locationThe Dartford-Thurrock River Crossing (‘the Crossing’) is a key part of the strategic road network, forming a gateway to the major ports on the Kent and Essex coast. It consists of two two-lane tunnels carrying traffic to the north, and a four-lane cable stayed bridge (the Queen Elizabeth II Bridge) carrying traffic to the south. The Crossing spans the River Thames between Dartford and Thurrock, forming a trunk road link (the A282 Trunk Road) in the M25 orbital motorway.

A road user charge has been collected at the Crossing since 2003, using the powers in the Transport Act 2000 5, in order to manage the high demand for use of the Crossing. The road user charging scheme operates between 06:00 and 22:00 hours, seven days a week. Charges vary by vehicle class and are currently collected at barriers within a plaza area located on the south side of the Crossing. Pre-pay accounts are available to drivers and local residents to use the Crossing at discounted rates. The arrangements for collection of the charge at barriers would change following introduction of a ‘free-flow’ charging operation at the Crossing.

1.2 Capacity and congestionDaily two-way traffic levels average about 141,000 vehicles per day compared to an original design capacity of only 135,000 vehicles per day. Levels in excess of 160,000 vehicles per day occur at least once a week. The Dartford River Crossing Study into Capacity Requirement 6

predicted a 38 percent increase in traffic volumes by 2031 indicating that the current congestion problems will become progressively worse over time. The requirement for drivers to stop and pay a charge at the barrier, combined with the high volume of traffic using the Crossing results in congestion and delays occurring for many hours each day.

The current congestion at the Crossing reduces the efficiency of movement of people and goods to the detriment of business productivity and the economic and social activities of individuals.

1.3 Managing congestion at the Dartford Crossing

1.3.1 Department for Transport proposed package of measures for Dartford Crossing

The Department for Transport (DfT) has made clear that providing improvements to the performance of the Crossing is a priority in view of the role it plays in the movement of goods

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5 Transport Act 2000 - http://www.legislation.gov.uk/ukpga/2000/38/contents 6 http://webarchive.nationalarchives.gov.uk/+/http://www.dft.gov.uk/about/strategy/capacityrequirements/dartfordrivercrossing/<<


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and people, and its contribution to the economy. In the 2010 Spending Review 7 DfT announced its intention to increase the levels of the road user charges, which would enable the Department to prioritise expenditure during this spending review period for the following short, medium and long term measures to improve traffic flow at the Crossing:

• SuspensionofthechargestoallowfreeuseoftheCrossingat times of severe congestion;

• Introductionof‘free-flow’charging;and

• Areviewofoptionsforadditionalcrossingcapacity 8.

1.3.2 ‘Free-flow’ charging in both directions at Dartford crossing

The Department for Transport has agreed that ‘free-flow’ charging in both directions should be progressed as a means of managing congestion at the Crossing in the medium term, as it was likely to provide the most balanced combination of operational efficiency, economic benefit and whole life cost. The Highways Agency is leading on the delivery of this project with ‘free-flow’ charging planned to start at the Crossing in October 2014.

1.3.3 What ‘free-flow’ charging would comprise and when it is scheduled for implementation

‘Free-flow’ charging in both directions would improve traffic flow and reduce congestion and delays by removing the current requirement for drivers to stop at the barriers to pay the road user charge at booths within a plaza environment. The road user charge would still be payable in both directions but the booths and barriers would be removed in favour of remote payment of charges, with road users having access to a variety of new

payment methods such as telephone, website, post and retail. Road users would be encouraged to pay the road user charge in advance of their use of the Crossing. However, proposals detailed within this consultation would see opportunity for road users to pay at the same rate up to midnight following use of the Crossing, or at a surcharged rate (road user charge rate plus 20 percent) on the day following the day of use, before being subject to the proposed penalty charges or other enforcement measures for non-payment (see section 3).

1.3.4 Focus of this consultation This consultation is based on the assumption that a ‘free-flow’ charging arrangement would be introduced at the Dartford Crossing, based on government commitments. The consultation therefore focuses on the proposal to introduce a new Charging Scheme Order which would draw on new enabling Enforcement Regulations and introduce post-pay periods. The new Order would support DfT’s objectives of improving traffic flow and managing congestion whilst continuing to collect road user charges under a ‘free-flow’ charging arrangement at the Dartford Crossing.

7 http://www.hm-treasury.gov.uk/spend_index.htm8 Dartford-Thurrock river crossing charges consultation – Consultation Response - http://www.dft.gov.uk/consultations/dft-2011-08/

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2. Context2.1 Alignment with recent charges consultation DfT consulted in 2011 on proposals to revise the road user charge at the Dartford Crossing, and published their response to this consultation in May 2012 9. This stated DfT’s intentions to increase the charge in October 2012, and again when a ‘free-flow’ charging arrangement was introduced at the Crossing (currently planned for October 2014). The proposed new Charging Scheme Order that would support the introduction of a ‘free-flow’ charging operation at the Crossing would be the means by which the second of the two charge increases already announced by DfT would be introduced. No further changes to the road user charge are proposed for the new Charging Scheme Order and so this consultation does not cover the road user charge rates. Charges would still be collected under the proposed ‘free-flow’ charging arrangement, in order to continue to manage demand for the use of the Crossing and reduce impacts caused by the levels of congestion. The revenue collected would continue to be passed to Government and would allow the Department to prioritise development and funding proposals – particularly for the review of options for additional crossing capacity in the Lower Thames area (as stated in DfT’s Revised Charges Consultation 10).

2.2 Post-payment periods Evidence and experience from other ‘free-flow’ charging schemes demonstrate that a high proportion of scheme users pay after they have incurred the charge. This approach is more flexible than requiring pre-payment and provides further opportunity for road users to comply with the requirements of the charging scheme, before they become subject to enforcement. Post-pay periods, combined with a variety of payment methods, help deliver compliance through maximising the opportunities to pay using the method and time most convenient to the road user. The Highways Agency intend to encourage compliance with the scheme through

offering a range of simple and convenient payment channels, including as a minimum: payment by telephone, website, SMS, post, at retail outlets or payment by account.

Requiring pre-payment only could result in enforcement against those who are unintentionally non-compliant (ie those who are unaware of the requirement in advance of using the Crossing, or simply forget to pre-pay before using the Crossing).

2.3 The need for enforcement measures on a ‘free-flow’ charging scheme One of the challenges of moving to a ‘free-flow’ charging arrangement is gaining a high level of payment compliance when, after removal of the booths and barriers, there is nothing physically to stop a vehicle using the Crossing without payment of the road user charge. Without provision to enforce through penalty charges there would be little to ensure that road users comply with the requirements of the charging scheme. Road users would become aware that there is no enforcement for non-payment of the charges and compliance rates would reduce. As compliance with the scheme reduces, traffic volumes would increase as road users who would have been deterred from using the Crossing (because of the road user charge) become non-paying, non- compliant users. Additional non-compliant road users would increase traffic volumes and loss of charge revenue would then cause the ‘free-flow’ charging arrangement to fall into disrepute. Enforcement provisions encourage users to be compliant, and enforcement against non-payers acts as a mechanism for increasing awareness of the requirements of the scheme. Comparable schemes have had successful compliance rates of 80 - 90 percent when launched, in part due to the effective use of enforcement provisions including the use of penalty charges to encourage compliance.

9 Dartford-Thurrock river crossing charges consultation – Consultation Response - http://www.dft.gov.uk/consultations/dft-2011-08/10 Dartford-Thurrock river crossing charges consultation – Consultation Response - http://www.dft.gov.uk/consultations/dft-2011-08/<<


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3. The proposal 3.1 A new Charging Scheme Order The Government is seeking views on proposals to introduce a new Charging Scheme Order that would bring in new provisions to support the introduction of a ‘free-flow’ charging arrangement at the Dartford-Thurrock River Crossing. The new Order would replace The A282 Trunk Road (Dartford- Thurrock Charging Scheme) Order 2012 11. It is proposed that the new Charging Scheme Order would include provisions that enable:

• Introductionofadiscretionarypost-payperiodandafurther surcharged post-pay period;

•Enforcementoftheroaduserchargeincasesofnon- compliance with the new payment terms; and

•Requirementsonhowpenaltychargevaluesaretobe communicated to road users.

3.1.1 Surcharged post pay period In order to maximise compliance and align with other successful ‘free-flow’ charging schemes, it is proposed that two periods for post-payment are introduced. Post-payment provides further opportunities for compliance before road users become subject to enforcement measures. Road users who are unintentionally non-compliant would have the opportunity to pay the road user charge after use of the Crossing, in order to avoid having a penalty charge imposed. The following post-payment provisions are proposed:

•Paymentupto23:59:59hoursonthedayofuseofthe Crossing would be charged at the normal road user charge rate; and

•Paymentfrom00:00:00upto23:59:59hoursontheday following the day of use of the Crossing would be charged at a surcharged rate (road user charge rate plus 20 percent).

3.1.2 Enforcement measures and proposed penalty charge levels The enforcement measures that are proposed for use at the Dartford Crossing would draw on proposed new enabling Enforcement Regulations – The Road User Charging Scheme (Enforcement) (England) Regulations. Enforcement at the Crossing would be by means of penalty charges leading to debt registration or immobilisation, removal, storage and disposal of ‘persistent’ non-compliant vehicles. It is proposed that the penalty charge levels at the Dartford Crossing are below the maximum rates specified in the enabling Enforcement Regulations, and align instead to those of other civil traffic offences (parking contraventions) 12. The penalty charge values proposed for non-compliance with the road user charge at the Dartford Crossing are:

• £35whenthepenaltychargeispaidinfullwithinfourteen days beginning with the day after the day on which the penalty charge notice was served;

• £70whenthepenaltychargeispaidinfullaftertheexpiry of such fourteen days but before a charge certificate has been served. A charge certificate may be served at twenty eight days after the day after the day on which the penalty charge notice was first served; and

• £105whenthepenaltychargeispaidinfullafteracharge certificate has been served.

It is proposed that the original road user charge would be payable in addition to the penalty charge at each level. This is to avoid lower road user charge vehicle classes being perceived to be disproportionately penalised – further explanation can be found in Appendix C - Impact Assessment.

11 The A282 Trunk Road (Dartford-Thurrock Charging Scheme) Order 2012 (S.I. 2012/2387) - http://www.legislation.gov.uk/uksi/2012/2387/made12 ‘Band 2’ values set out in The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 (S.I. 2007/3487) - http://www.legislation.gov.uk/uksi/2007/3487/contents/made.<<

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The penalty charge values proposed are lower than the maximum penalty charge values that would be permissible under the proposed new Enforcement Regulations.The values proposed for the Crossing are considered to be both fair and proportionate when compared to the penalty charge values used for the enforcement of other civil traffic offences (parking contraventions) outside the London area.

3.1.3 How proposed penalty charge levels will be communicated The new Charging Scheme Order would not specify the proposed penalty charge values for use at the Crossing, but would specify the way in which the penalty charge values must be communicated to road users. It is proposed that this would be by way of publication on the Crossing website. This information may be made available by other additional means, but publication on the website would become the statutory requirement.

In developing these proposals, a number of factors have been taken into account:

• A‘free-flow’chargingscheme(inbothdirections)wouldbe implemented at the Dartford Crossing (currently scheduled for October 2014);

• Therequirementtopayatbarriersandboothswouldbe removed, and changes would be made to the road layout to accommodate a ‘free-flow’ charging arrangement at the Crossing;

• Newtechnologysuchasautomaticnumberplaterecognition (ANPR) and new IT infrastructure would be used to support a ‘free-flow’ charging arrangement;

• Aroaduserchargeisnecessarytomanagedemand.Without a road user charge, traffic volumes would increase and economic benefits of having a ‘free-flow’ arrangement (ie journey time savings and journey time reliability) would decrease significantly;

• TheroaduserchargespayableattheCrossingundera ‘free-flow’ charging arrangement would be the proposed increased levels as per DfT’s revised charges consultation 13; and

• The Road User Charging Scheme (Enforcement) (England) Regulations (being consulted on separately by DfT 14) would be in place, enabling enforcement measures to be introduced at the Dartford Crossing through the new Charging Scheme Order.

The Road User Charging Scheme (Enforcement) (England) Regulations are being proposed by DfT, and these would specify the maximum penalty charge values permissible at a charging scheme level. The Transport Act 2000 requires that the new enabling enforcement provisions are introduced as a separate statutory instrument. The new Dartford Charging Scheme Order would draw upon these new enforcement provisions. It is proposed that the two new statutory instruments are introduced in 2013, ahead of ‘free-flow’ charging at the Crossing, which is currently scheduled for 2014. The full public consultation for the new enabling Enforcement Regulations can be found at www.dft.gov.uk/consultations/dft-2012-18.

The enabling regulations would also allow enforcement actions such as the examination of vehicles and equipment, and immobilisation, removal and storage and disposal of vehicles. The regulations would also include arrangements for adjudication of appeals and for pursuing debt. The new Dartford Charging Scheme Order would draw on all these new enabling provisions.

13 Dartford-Thurrock river crossing charges consultation – Consultation Response – http://www.dft.gov.uk/consultations/dft-2011-08/ 14 www.dft.gov.uk/consultations/dft-2012-18 <<


www.dft.gov.uk/consultations/dft-2012-18

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3.2 Justification for penalty charge levels proposed Annex 3 of the Impact Assessment (see Appendix C - Impact Assessment) provides a detailed analysis of the penalty charge levels that are proposed for use at the Dartford Crossing.

3.3 Impact of the new Charging Scheme Order The Impact Assessment (see Appendix C - Impact Assessment) demonstrates both the benefits and disbenefits 15 of introducing a new Charging Scheme Order with post-payment periods and enforcement measures to support introduction of a ‘free-flow’ charging arrangement at the Dartford Crossing. The Impact Assessment shows that the overall result of the introduction of ‘free-flow’ charging at the Dartford Crossing, with a new Charging Scheme Order to introduce enforcement measures and both pre and post-payment of the road user charge would be a reduction in journey times and less variability of journey times, thereby making journey times shorter and more predictable or ‘reliable’. The total costs of introduction of ‘free-flow’ charging at the Dartford Crossing have been calculatedtobe£434.3moverthe25yearappraisal period. The total benefits over the same 25 year appraisal periodhavebeencalculatedtobe£1,989.8m,givingatotalnet presentvalueof£1,555.5m. 3.3.1 Discounts for DART-Tags and local residents Local residents along with other road users would see improvement to traffic flow and reduced delay at the Crossing. DART-Tag accounts, local resident discounts and existing exemptions would continue under the same rules as per the current scheme 16.

15 To help ensure robustness, traffic models and forecasts have been prepared to follow the DfT’s transport appraisal guidance, WebTAG (Web Based Transport Analysis Guidance). WebTAG only regards expenditure such as construction, maintenance and operating costs as ‘costs’. Any adverse impacts of a scheme are instead considered as disbenefits and, where monetised, are dealt with as negative values on the benefits side of the equation. However, for purposes of the IA, disbenefits are treated as costs along with the scheme investment and running costs.

3.3.2 Vehicle classifications There are no proposals to amend the current arrangements of vehicle classification in use at the Crossing.

3.3.3 Exemptions Similarly, no amendments to the classes of vehicles exempt from the Crossing charge are intended, beyond the introduction of exemption for visiting armed forces vehicles, which was announced by DfT in their response to consultation on increasing the charges at the Crossing (response published in May 2012 17).

16 See - www.dart-tag.co.uk for further information17 Dartford-Thurrock river crossing charges consultation – Consultation Response - http://www.dft.gov.uk/consultations/dft-2011-08/

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4. Consultation questions

Questions

Q1

Do you agree with the proposal to introduce post-pay periods that would allow road users to pay the Dartford Crossing road user charge following use of the Crossing and prior to being subject to enforcement?

Please add any comments.

Q2Do you agree with the proposal to introduce provisions to enforce the road user charge at the Dartford Crossing upon the introduction of a ‘free-flow’ charging arrangement?


Q3Do you agree that the levels of penalty charge should be lower than the maximum permissible under the proposed new enabling Enforcement Regulations?


Q4Do you agree with the proposal to set the same penalty charge rate for all vehicles?


You are invited to consider the following questions when responding to the consultation:

Q5Do you agree with the proposal that the original road user charge would be payable in addition to the penalty charge at each level?


Q6Do you agree with the proposal to include a statutory requirement to publish the penalty charge rates on a public website?


Q7Do you have any other comments on the draft Charging Scheme Order (Appendix A – Draft Charging Scheme Order)?

Q8Do you agree or disagree with our assessment (Appendix C – Impact Assessment) of the impacts of the proposals, particularly on small firms and protected equality groups?


Please provide as much supporting evidence as possible with each of your responses to the above questions.

What will happen nextA summary of responses, including the next steps, will be published on the Highways Agency’s website http://www.highways.gov.uk/dartfordcsoconsultation. Paper copies of the response document will be available on request.

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Appendix A – Draft Charging Scheme Order

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S T A T U T O R Y I N S T R U M E N T S

20 No.

HIGHWAYS, ENGLAND

The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 20

Made - - - - ***

Coming into force - - ***

The Secretary of State for Transport makes the following Order in exercise of the powers conferred by sections 167, 168, 171 and 172(2) of the Transport Act 2000(a) and by regulations [3, 4, 14, 15, 16 and 17] of the Road User Charging Schemes (Enforcement) (England) Regulations 20 .(b)

Appropriate persons have been consulted in accordance with section 170(1C) of that Act and Regulation 4 of the Trunk Road Charging Scheme (Bridges and Tunnels) (England) Procedure Regulations 2001(c).

Citation, commencement and period in force

1.—(1) This Order may be cited as the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 20 and comes into force on .

(2) Articles 1, 2, 3, 4(3) to (6), 5, 6 and 10— (a) come into force on the date of coming into force of this Order; and (b) cease to have effect at the end of the period of seven years beginning with the day on

which this Order comes into force. (3) Articles 4(1) comes into force on the date of coming into force of this Order and remains in

force until the commencement of free-flow charging. (4) Articles 4(2), 7, 8 and 9—

(a) come into force on the date of commencement of free-flow charging; and (b) cease to have effect at the end of the period of seven years beginning with the day on

which this Order comes into force.

Interpretation

2.In this Order— (1) “free-flow charging” means the collection of charges under the charging regime after the

removal of the fixed barrier tolling booths from the Crossing.

(a) 2000. c. 38. There are amendments to sections 167, 168, 171 and 172 which are not relevant to this Order. (b) S.I (c) S.I. 2001/2303.

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

(3) “the plan” means the plan marked “the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 20xx”, 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

(4) all measurements of distance are measured along the route of the Crossing.

Application of charging regime

3.The length of highway set out in Schedule 1 (“the Crossing”) and as indicated on the plan is designated as being subject to the charging regime.

Charging regime

4.—(1) From the date of coming into force of this Order until free-flow charging commences the “charging regime” means the regime set out in Schedule 2.

(2) From the commencement of free-flow charging until the end of the period of seven years beginning with the day on which this Order comes into force the “charging regime” means the regime set out in Schedule 3.

(3) [The charging regimes set out in Schedule 2 and Schedule 3 may be varied by the Secretary of State in the time and manner set out in Schedule 4].

(4) There shall be no charge for any vehicle from 2200 hours to but not including 0600 hours. (5) The charging regimes apply to all classes of motor vehicles, as defined in the Road User

Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) Regulations 2001(a), using the Crossing with the exception of those motor vehicles set out in Schedule 5.

(6) For the purposes of this Order, classes of motor vehicle to which the charging regimes apply and which are drawing a trailer, shall 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 agreements with persons (“advance payment agreements”) under which, on such terms as may be provided by the agreements, charges for a motor vehicle to be used on the Crossing may be paid compound in advance.

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

(3) An advance payment 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 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 agreements with local residents (“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 it, and may provide for a reduction to the charges set out in the charging regimes.

(a) S. I. 2001/2793.

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(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 agreement.

Penalty charge

7.—(1) A penalty charge shall be payable in respect of a vehicle which has incurred a charge under the applicable charging regime and such penalty charge has not been paid in full at or before 23:59 hours on the day immediately following the day on which the charge was incurred.

(2) A penalty charge payable under paragraph (1) shall be payable in addition to the charge incurred under the charging regime.

Penalty charge rates

8.—(1) Where a penalty charge has become payable in respect of a vehicle under article 7(1), the penalty charge rate applicable shall be the rate corresponding to the class of vehicle into which the vehicle falls, in accordance with the table of penalty charge rates [displayed prominently on the north and south approaches to the Crossing] [displayed on the website of the charging authority].

Designation of a person to exercise powers in respect of vehicles

9.—(1) The Secretary of State (or the Secretary of State’s agent) may designate in writing a person (or persons) to be empowered to exercise any one or more of the powers listed in paragraph (2).

(2) The powers referred to in paragraph (1) are, in respect of vehicles, to— (a) examine; (b) enter; (c) seize; (d) immobilise; (e) remove; (f) store; and (g) dispose of.

Revocation

10.The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 20xx(a) is revoked.

Signed by authority of the Secretary of State for Trasport Name Parliamentary Under Secretary of State Department for Transport

(a) S. I. 20 .

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SCHEDULE 1 Article 3 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.

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SCHEDULE 2 Article 4(1)

THE CHARGING REGIME Item Class of Motor Vehicle and Description Charge for each

motor vehicle for a single journey using the Crossing

A Classes A(a), B(a), C(a) D(a) and E(a). Including mopeds, motorcycles, motor tricycles, light quadricycles and quadricycles.

Free

B Classes L(a), M1(a). Including motor caravans, or motor cars with at least four wheels and no more than eight seats in addition to the driver’s seat.

£2.00

C Classes NAB(1)(a) and MAB(1)(a) Including light goods vehicles, or motor coaches or omnibus with more than eight seats in addition to the driver’s seat, having no more than two axles.

£2.50

D Classes NAB(2)(a), NAB(3)(a), MAB(2)(a) and MAB(3)(a) Including heavy goods vehicles, motor coaches or omnibus with more than eight seats in addition to the driver’s seat, having more than two axles.

£5.00

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SCHEDULE 3 Article 4(2)

THE CHARGING REGIME (Free-flow Charging)

Item Class of Motor Vehicle and Description Charge for each

motor vehicle for a single journey using the Crossing if paid by 23:59 on the day of use

Charge for each motor vehicle for a single journey using the Crossing if paid by 23:59 on the after the day of use

A Classes A(a), B(a), C(a) D(a) and E(a). Including mopeds, motorcycles, motor tricycles, light quadricycles and quadricycles.

Free Free

B Classes L(a), M1(a). Including motor caravans, or motor cars with at least four wheels and no more than eight seats in addition to the driver’s seat.

£2.50 £[ ]

C Classes NAB(1)(a) and MAB(1)(a) Including light goods vehicles, or motor coaches or omnibus with more than eight seats in addition to the driver’s seat, having no more than two axles.

£3.00 £[ ]

D Classes NAB(2)(a), NAB(3)(a), MAB(2)(a) and MAB(3)(a) Including heavy goods vehicles, motor coaches or omnibus with more than eight seats in addition to the driver’s seat, having more than two axles.

£6.00 £[ ]

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[SCHEDULE 4 Article 4(3) VARIATION OF THE CHARGING REGIME IN LINE WITH THE

RETAIL PRICE INDEX

1. In this Schedule— (1) “the base month” means the month of [April]; and (2) “the revision date” means the day immediately following the end of the period of two

months beginning with the first day of the base month.

2. On or within the period of twenty-one days following— (1) the first revision date after the charging regime in Schedule 3 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 in accordance with this Schedule fixing the amounts of the charges in respect of all classes of vehicles on which charges are leviable.

3.—(1) The maximum charge amount to be fixed by the variation order is by reference to the “relevant rise”.

(2) The “relevant rise” is the percentage difference between the retail price index for the base month which is12 months before the base month for the purposes of the new variation order, and the base month for the purposes of the new variation order.

(3) The variation order may fix an amount which is less than the amount reached by reference to the “relevant rise”.

4. Any amount to be fixed by a variation order— (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.

5. A variation order made under this Schedule shall come into force on the 1st day of [October].

6. 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.

7. 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.]

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SCHEDULE 5 Article 4(5) 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 fire engine as defined by paragraph 4(2) of Schedule 2 the Vehicle Excise and Registration Act 1994(a) 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(b) 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.

(a) 1994 c.22. (b) 1985 c. 67.

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EXPLANATORY NOTE

(This note is not part of the Order)

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

This Order revokes the 20 Order, applies the existing charges at the Dartford-Thurrock Crossing until free-flow charging commences, when revised charges will take effect.

Article 1 provides for the majority of articles of this Order (articles 1, 2, 3, 4(3) to (6), 5, 6 and 10) to come into force on the day on which the Order itself comes into force. Article 4(1) comes into force at the same time, applying the charging regime set out in Schedule 2 (i.e. the existing charges). Article 4(1) will remain in force until the commencement of free-flow charging when it (and Schedule 2) will cease to have effect and article 4(2) will come into force, applying the charging regime set out in Schedule 3 (i.e. revised charges).

Under Article 1, all articles of this Order (excluding article 4(1) which will already have ceased to have effect) will cease to have effect at the end of the period of seven years from the date on which the Order comes into force.

Article 4 makes provision for the application of two different charging regimes; one (set out in Schedule 2) from the date of coming into force of this Order and the other (set out in Schedule 3) from the commencement of free-flow charging. Free-flow charging is the collection of charges at the Crossing after the removal of the fixed barrier toll booths. Article 4(6) provides that the applicable charge for a vehicle drawing a trailer is the same as the charge that applies to that vehicle if it is not drawing a trailer.

Articles 5 and 6 continue the existing provision for the payment in advance of charges, both generally and specifically for such payment by local residents. Agreements for payment in advance may provide for the payment of charges at a reduced rate to those set out in the applicable charging regime.

Articles 7 to 9 enables, for the first time, the civil enforcement of payment of road user charges. Article 7 permits the imposition of a penalty charge for non-payment of the road user charge. Penalty charges are payable in addition to the road user charge incurred for using the Crossing. Under the Road User Charging Schemes (Enforcement) (England) Regulations 20 , penalty charges imposed under this Order can be enforced through the civil courts. Those regulations also provide road users with the right to challenge the imposition and enforcement of a penalty charge and its associated Crossing charge.

Article 8 provides for the setting of penalty charge levels which will be [displayed prominently on the north and south approaches to the Crossing] [displayed on the website of the charging authority]. The penalty charge payable depends on the classification of vehicle in respect of which it relates and the time at which the penalty charge is paid.

Article 9 empowers the Secretary of State or the Secretary of State’s agent to designate individuals or a company to exercise the powers specified in relation to the enforcement of the Crossing charge. The exercise of those powers must be in accordance with the Road User Charging Schemes (Enforcement) (England) Regulations 20 .

A full impact assessment of the effect that this instrument will have is available on [www.dft.gov.uk/….].

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Appendix B – List of statutory consultees

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As required by The Trunk Road Charging Schemes (Bridges and Tunnels) (England) Procedure Regulations 2001 18, the following statutory consultees have been identified:

• ChiefConstableofEssexPolice

• ChiefConstableofKentPolice

• ChiefOfficerofEssexCountyFireandRescueService

• ChiefOfficerofKentFireandRescueService

• EastofEnglandAmbulanceServiceNHSTrust

• SouthEastCoastAmbulanceServiceNHSFoundationTrust

• EssexCountyCouncil

• KentCountyCouncil

• DartfordBoroughCouncil

• ThurrockCouncil

• TheDisabledPersonsTransportAdvisoryCommittee

18 The Trunk Road Charging Schemes (Bridges and Tunnels) (England) Procedure Regulations 2001 - http://www.legislation.gov.uk/uksi/2001/2303/contents/made<<


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Appendix C – Impact Assessment

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© Crown copyright 2012. You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected].

This document is also available on our website at www.highways.gov.uk

If you have any enquiries about this publication please email [email protected] or call 0300 123 5000Please quote this HA Publications code: PR53/12

Highways Agency media services Bedford S120245

If you need help using this or any other Highways Agency information, please call 0300 123 5000 and we will assist you.

>>

The Highways Agency has actively considered the needs of blind and partially sighted people in accessing this document. The text will be made available in full on the Highways Agency’s website in accordance with the W3C’s Web Content Accessibility Guidelines. The text may be freely downloaded and translated by individuals or organisations for conversion into other accessible formats. If you have other needs in this regard please contact the Highways Agency:

Beth JacksonDartford Charging Scheme Order Consultation Highways AgencyWoodlandsManton LaneBedfordMK41 7LW

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