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

Safe roads, reliable journeys, informed travellers

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

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An executive agency of the Department for Transport 1 introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document Contents

Executive summary 3 What the consultation is about Duration of consultation How to respond Freedom of Information

Consultation principles

1. Introduction 4 1.1 Background and location 1.2 Capacity and congestion 1.3 Managing congestion at the

2. Context 6 2.1 Alignment with recent charges consultation 2.2 Post-payment periods 2.3 The need for enforcement measures on a ‘free-flow’ charging scheme

3. The proposal 7 3.1 A new Charging Scheme Order 3.2 Justification for penalty charge levels proposed 3.3 Impact of the new Charging Scheme Order

4. Consultation questions 10 Questions What will happen next Appendix A. Draft Charging Scheme Order 11

Appendix B. List of statutory consultees 12

Appendix C. Impact Assesment 13

<< 2 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document Executive summary

What the consultation is about or printed and returned by post to: This document sets out the Secretary of State’s reasons for proposing Beth Jackson, Dartford Charging Scheme Order Consultation, a new Charging Scheme Order for the Dartford-Thurrock River Highways Agency, Woodlands, Manton Lane, Bedford, MK41 7LW. Crossing. The Government is seeking views on the proposed new If you require alternative formats (braille, audio CD, etc) please order (see Appendix A – Draft Charging Scheme Order) that would support the introduction of a ‘free-flow’ charging operation at contact [email protected]. the Crossing by drawing on new enabling Enforcement Regulations. When responding, please state whether you are responding as an The proposed new Enforcement Regulations are being individual or representing the views of an organisation. If responding consulted on separately by the Department for Transport (see www.dft.gov.uk/consultations/dft-2012-18). This consultation on behalf of a larger organisation, please make it clear who the document focuses on the new Charging Scheme Order, which would organisation represents and, where applicable, how the views of replace The A282 Trunk Road (Dartford-Thurrock Charging Scheme) members were assembled. Order 2012 1. The Government is seeking views on the following: 1. Introduction of post-pay periods to provide additional Freedom of information opportunities to comply with the requirements of the Information provided in response to this consultation, including Charging Scheme Order before road users become subject to personal information, may be subject to publication or disclosure in enforcement, and accordance with the Freedom of Information Act 2000 (FOIA) 2 or the Environmental Information Regulations 2004 3. 2. Introduction of enforcement measures at the Crossing. Duration of consultation If you want information that you provide to be treated as confidential, The consultation period will run for a period of 12 weeks from please be aware that, under the FOIA, there is a statutory Code of 5 November 2012 until 28 January 2013. Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. How to respond The consultation is seeking views from statutory consultees, as well as In view of this it would be helpful if you could explain to us why you other public bodies, organisations or businesses, and members of the regard the information you have provided as confidential. If we public. A list of statutory consultees is attached in Appendix B – List receive a request for disclosure of the information, we will take full of Statutory Consultees. account of your explanation, but we cannot give an assurance that Please ensure that your response reaches us before the closing date confidentiality can be maintained in all circumstances. An automatic of 28 January 2013. If you would like further copies of this consultation confidentiality disclaimer generated by your IT system will not, of document, it can be found at itself, be regarded as binding on the Highways Agency. http://www.highways.gov.uk/dartfordcsoconsultation. The Highways Agency will process your personal data in You are invited to respond using the online questionnaire. accordance with the Data Protection Act 1998 4 (DPA) and in the Alternatively, a downloadable questionnaire is available on our website majority of circumstances this will mean that your personal data will and can be emailed to [email protected], not be disclosed to third parties.

1 The A282 Trunk Road (Dartford-Thurrock Charging Scheme) Order 2012 (S.I. 2012/2387) - 3 The Environmental Information Regulations 2004 -2004 (S.I. 2004/3391) - http://www.legislation.gov.uk/ http://www.legislation.gov.uk/uksi/2012/2387/made uksi/2004/3391/contents/made << 2 Freedom of Information Act 2000 - http://www.legislation.gov.uk/ukpga/2000/36/contents 4 Data Protection Act 1998 - http://www.legislation.gov.uk/ukpga/1998/29/contents 3 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document Consultation principles

The 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 Sweeting Consultation Co-ordinator Highways Agency The Cube 199 Wharfside Street Birmingham B1 1RN

Consultation principles • Departments will follow a range of timescales rather than defaulting to a 12-week period, particularly where extensive engagement has occurred before;

• departments will need to give more thought to how they engage with and consult with those who are affected;

• consultation should be ‘digital by default’, but other forms should be used where these are needed to reach the groups affected by a policy; and

• the principles of the Compact between government and the voluntary and community sector will continue to be respected.

<< 4 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document 1. Introduction

1.1 Background and location A road user charge has been collected at the Crossing since 2003, The Dartford-Thurrock River Crossing (‘the Crossing’) is a key part of using the powers in the Transport Act 2000 5, in order to manage the the strategic road network, forming a gateway to the major ports on high demand for use of the Crossing. The road user charging scheme the and coast. It consists of two two-lane tunnels carrying operates between 06:00 and 22:00 hours, seven days a week. traffic to the north, and a four-lane cable stayed bridge (the Queen Charges vary by vehicle class and are currently collected at barriers Elizabeth II Bridge) carrying traffic to the south. The Crossing spans within a plaza area located on the south side of the Crossing. Pre-pay the between Dartford and Thurrock, forming a trunk accounts are available to drivers and local residents to use the road link (the A282 Trunk Road) in the M25 orbital motorway. Crossing at discounted rates. The arrangements for collection of the charge at barriers would change following introduction of a ‘free-flow’ M25 charging operation at the Crossing. Junction 30

A13 Thurrock 1.2 Capacity and congestion A13 Service Area Purfleet Arterial Road Daily two-way traffic levels average about 141,000 vehicles per day Junction 31 A1306 A1304 A126 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 GRAYS 6 A282 A126 a week. The Dartford River Crossing Study into Capacity Requirement A1090 Road predicted a 38 percent increase in traffic volumes by 2031 indicating LEFT LINK VIADUCT A282 that the current congestion problems will become progressively worse RIVER THAMES over time. The requirement for drivers to stop and pay a charge at the COUNTY OF KENT WEST & EAST TUNNELS QEII BRIDGE NORTHBOUND TRAFFIC SOUTHBOUND TRAFFIC barrier, combined with the high volume of traffic using the Crossing

ADMIN. COMPLEX Dartford results in congestion and delays occurring for many hours each day. Crossing The current congestion at the Crossing reduces the efficiency of JUNCTION 1A movement of people and goods to the detriment of business STONE

Cotton Lane productivity and the economic and social activities of individuals.

DARTFORD A282 A226 London Road East Hill Bluewater 1.3 Managing congestion at the Dartford Crossing A296 Princess Road Princess A296 Watling Street 1.3.1 Department for Transport proposed package of measures Roundabout JUNCTION 1B

A282 for Dartford Crossing A2 The Department for Transport (DfT) has made clear that A2 BEAN JUNCTION 2 providing improvements to the performance of the Crossing is M25 a priority in view of the role it plays in the movement of goods © Crown copyright and database rights 2011 Ordnance Survey 100030649 copyright and database rights 2011 Ordnance © Crown

© Crown copyright and database rights 2011 Ordnance Survey 100030649

6 http://webarchive.nationalarchives.gov.uk/+/http://www.dft.gov.uk/about/strategy/capacityrequirements/ 5 Transport Act 2000 - http://www.legislation.gov.uk/ukpga/2000/38/contents << dartfordrivercrossing/ 5 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document and people, and its contribution to the economy. In the 2010 payment methods such as telephone, website, post and retail. Spending Review 7 DfT announced its intention to increase the Road users would be encouraged to pay the road user charge in levels of the road user charges, which would enable the advance of their use of the Crossing. However, proposals Department to prioritise expenditure during this spending review detailed within this consultation would see opportunity for road period for the following short, medium and long term measures users to pay at the same rate up to midnight following use of the to improve traffic flow at the Crossing: Crossing, or at a surcharged rate (road user charge rate plus 20 percent) on the day following the day of use, before being • Suspension of the charges to allow free use of the Crossing at subject to the proposed penalty charges or other enforcement times of severe congestion; measures for non-payment (see section 3).

• Introduction of ‘free-flow’ charging; and 1.3.4 Focus of this consultation

• A review of options for additional crossing capacity 8. 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 1.3.2 ‘Free-flow’ charging in both directions at Dartford crossing consultation therefore focuses on the proposal to introduce a new Charging Scheme Order which would draw on new The Department for Transport has agreed that ‘free-flow’ enabling Enforcement Regulations and introduce post-pay charging in both directions should be progressed as a means of periods. The new Order would support DfT’s objectives of managing congestion at the Crossing in the medium term, as it improving traffic flow and managing congestion whilst continuing was likely to provide the most balanced combination of to collect road user charges under a ‘free-flow’ charging operational efficiency, economic benefit and whole life cost. arrangement at the Dartford Crossing. 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 7 http://www.hm-treasury.gov.uk/spend_index.htm << 8 Dartford-Thurrock river crossing charges consultation – Consultation Response - >> http://www.dft.gov.uk/consultations/dft-2011-08/ 6 introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document 2. Context 2.1 Alignment with recent charges consultation offering a range of simple and convenient payment channels, DfT consulted in 2011 on proposals to revise the road user including as a minimum: payment by telephone, website, SMS, charge at the Dartford Crossing, and published their response post, at retail outlets or payment by account. to this consultation in May 2012 9. This stated DfT’s intentions to Requiring pre-payment only could result in enforcement against increase the charge in October 2012, and again when a those who are unintentionally non-compliant (ie those who are ‘free-flow’ charging arrangement was introduced at the unaware of the requirement in advance of using the Crossing, or Crossing (currently planned for October 2014). The proposed simply forget to pre-pay before using the Crossing). new Charging Scheme Order that would support the introduction of a ‘free-flow’ charging operation at the Crossing would be the 2.3 The need for enforcement measures on a ‘free-flow’ means by which the second of the two charge increases already charging scheme announced by DfT would be introduced. No further changes One of the challenges of moving to a ‘free-flow’ charging to the road user charge are proposed for the new Charging arrangement is gaining a high level of payment compliance Scheme Order and so this consultation does not cover the road when, after removal of the booths and barriers, there is nothing user charge rates. physically to stop a vehicle using the Crossing without payment of the road user charge. Charges would still be collected under the proposed ‘free-flow’ charging arrangement, in order to continue to manage demand Without provision to enforce through penalty charges there for the use of the Crossing and reduce impacts caused by the would be little to ensure that road users comply with the levels of congestion. The revenue collected would continue to be requirements of the charging scheme. Road users would passed to Government and would allow the Department to become aware that there is no enforcement for non-payment of prioritise development and funding proposals – particularly for the review of options for additional crossing capacity in the the charges and compliance rates would reduce. As compliance Lower Thames area (as stated in DfT’s Revised Charges with the scheme reduces, traffic volumes would increase as road Consultation 10). users who would have been deterred from using the Crossing (because of the road user charge) become non-paying, 2.2 Post-payment periods non- compliant users. Additional non-compliant road users Evidence and experience from other ‘free-flow’ charging would increase traffic volumes and loss of charge revenue schemes demonstrate that a high proportion of scheme users would then cause the ‘free-flow’ charging arrangement to fall into disrepute. pay after they have incurred the charge. This approach is more flexible than requiring pre-payment and provides further Enforcement provisions encourage users to be compliant, and opportunity for road users to comply with the requirements of enforcement against non-payers acts as a mechanism for the charging scheme, before they become subject to increasing awareness of the requirements of the scheme. enforcement. Post-pay periods, combined with a variety of Comparable schemes have had successful compliance rates of payment methods, help deliver compliance through 80 - 90 percent when launched, in part due to the effective use maximising the opportunities to pay using the method and time of enforcement provisions including the use of penalty charges most convenient to the road user. The Highways Agency to encourage compliance. intend to encourage compliance with the scheme through

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/ 7 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document 3. The proposal

3.1 A new Charging Scheme Order 3.1.2 Enforcement measures and proposed penalty charge levels The Government is seeking views on proposals to introduce a The enforcement measures that are proposed for use at the new Charging Scheme Order that would bring in new Dartford Crossing would draw on proposed new enabling provisions to support the introduction of a ‘free-flow’ charging Enforcement Regulations – The Road User Charging Scheme arrangement at the Dartford-Thurrock River Crossing. The (Enforcement) () Regulations. Enforcement at the new Order would replace The A282 Trunk Road (Dartford- Crossing would be by means of penalty charges leading to debt 11 Thurrock Charging Scheme) Order 2012 . It is proposed that registration or immobilisation, removal, storage and disposal of the new Charging Scheme Order would include provisions ‘persistent’ non-compliant vehicles. It is proposed that the that enable: penalty charge levels at the Dartford Crossing are below the • Introduction of a discretionary post-pay period and a further maximum rates specified in the enablingE nforcement surcharged post-pay period; Regulations, and align instead to those of other civil traffic offences (parking contraventions) 12. • Enforcement of the road user charge in cases of non-

compliance with the new payment terms; and The penalty charge values proposed for non-compliance with • Requirements on how penalty charge values are to be the road user charge at the Dartford Crossing are: communicated to road users. • £35 when the penalty charge is paid in full within fourteen 3.1.1 Surcharged post pay period days beginning with the day after the day on which the In order to maximise compliance and align with other successful penalty charge notice was served; ‘free-flow’ charging schemes, it is proposed that two periods for post-payment are introduced. Post-payment provides further • £70 when the penalty charge is paid in full after the expiry opportunities for compliance before road users become subject of such fourteen days but before a charge certificate has to enforcement measures. Road users who are unintentionally been served. A charge certificate may be served at twenty non-compliant would have the opportunity to pay the road user eight days after the day after the day on which the penalty charge after use of the Crossing, in order to avoid having a charge notice was first served; and penalty charge imposed. The following post-payment provisions are proposed: • £105 when the penalty charge is paid in full after a charge certificate has been served. • Payment up to 23:59:59 hours on the day of use of the Crossing would be charged at the normal road user charge It is proposed that the original road user charge would be rate; and payable in addition to the penalty charge at each level. This is to avoid lower road user charge vehicle classes being • Payment from 00:00:00 up to 23:59:59 hours on the day perceived to be disproportionately penalised – further following the day of use of the Crossing would be charged at explanation can be found in Appendix C - Impact Assessment. a surcharged rate (road user charge rate plus 20 percent).

11 The A282 Trunk Road (Dartford-Thurrock Charging Scheme) Order 2012 (S.I. 2012/2387) - http://www.legislation.gov.uk/uksi/2012/2387/made << 12 ‘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. 8 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document The penalty charge values proposed are lower than the • A road user charge is necessary to manage demand. Without maximum penalty charge values that would be permissible a road user charge, traffic volumes would increase and under the proposed new Enforcement Regulations.The values economic benefits of having a ‘free-flow’ arrangement proposed for the Crossing are considered to be both fair and (ie journey time savings and journey time reliability) would proportionate when compared to the penalty charge values decrease significantly; used for the enforcement of other civil traffic offences (parking • The road user charges payable at the Crossing under a contraventions) outside the London area. ‘free-flow’ charging arrangement would be the proposed increased levels as per DfT’s revised charges consultation 13; 3.1.3 How proposed penalty charge levels will be communicated and The new Charging Scheme Order would not specify the • The Road User Charging Scheme (Enforcement) (England) proposed penalty charge values for use at the Crossing, but Regulations (being consulted on separately by DfT 14) would would specify the way in which the penalty charge values be in place, enabling enforcement measures to be must be communicated to road users. It is proposed that this introduced at the Dartford Crossing through the new Charging Scheme Order. would be by way of publication on the Crossing website. This information may be made available by other additional means, The Road User Charging Scheme (Enforcement) (England) but publication on the website would become the statutory Regulations are being proposed by DfT, and these would specify the maximum penalty charge values permissible at a requirement. charging scheme level. The Transport Act 2000 requires that In developing these proposals, a number of factors have been the new enabling enforcement provisions are introduced as a taken into account: separate statutory instrument. The new Dartford Charging Scheme Order would draw upon these new enforcement • A ‘free-flow’ charging scheme (in both directions) would be provisions. It is proposed that the two new statutory instruments implemented at the Dartford Crossing (currently scheduled are introduced in 2013, ahead of ‘free-flow’ charging at the for October 2014); Crossing, which is currently scheduled for 2014. The full public consultation for the new enabling Enforcement Regulations can • The requirement to pay at barriers and booths would be be found at www.dft.gov.uk/consultations/dft-2012-18. removed, and changes would be made to the road layout to The enabling regulations would also allow enforcement actions accommodate a ‘free-flow’ charging arrangement at the such as the examination of vehicles and equipment, and Crossing; immobilisation, removal and storage and disposal of vehicles. The regulations would also include arrangements for • New technology such as automatic number plate recognition adjudication of appeals and for pursuing debt. The new (ANPR) and new IT infrastructure would be used to support Dartford Charging Scheme Order would draw on all these new a ‘free-flow’ charging arrangement; 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 9 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document 3.2 Justification for penalty charge levels proposed 3.3.2 Vehicle classifications Annex 3 of the Impact Assessment (see Appendix C - Impact There are no proposals to amend the current arrangements of Assessment) provides a detailed analysis of the penalty charge vehicle classification in use at the Crossing. levels that are proposed for use at the Dartford Crossing. 3.3.3 Exemptions Similarly, no amendments to the classes of vehicles exempt 3.3 Impact of the new Charging Scheme Order from the Crossing charge are intended, beyond the introduction The Impact Assessment (see Appendix C - Impact Assessment) of exemption for visiting armed forces vehicles, which was demonstrates both the benefits and disbenefits 15 of introducing announced by DfT in their response to consultation on a new Charging Scheme Order with post-payment periods and increasing the charges at the Crossing (response published in enforcement measures to support introduction of a ‘free-flow’ May 2012 17). 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 calculated to be £434.3m over the 25 year appraisal period. The total benefits over the same 25 year appraisal period have been calculated to be £1,989.8m, giving a total net present value of £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 16 See - www.dart-tag.co.uk for further information transport appraisal guidance, WebTAG (Web Based Transport Analysis Guidance). WebTAG only 17 Dartford-Thurrock river crossing charges consultation – Consultation Response - regards expenditure such as construction, maintenance and operating costs as ‘costs’. Any adverse http://www.dft.gov.uk/consultations/dft-2011-08/ 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. 10 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document 4. Consultation questions

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

Questions Do you agree with the proposal to introduce post-pay Do you agree with the proposal that the original road user periods that would allow road users to pay the Dartford Q5 charge would be payable in addition to the penalty charge Q1 Crossing road user charge following use of the Crossing at each level? and prior to being subject to enforcement? Please add any comments. Please add any comments. Do you agree with the proposal to include a statutory Do you agree with the proposal to introduce provisions to Q6 requirement to publish the penalty charge rates on a public Q2 enforce the road user charge at the Dartford Crossing upon website? the introduction of a ‘free-flow’ charging arrangement? Please add any comments. Please add any comments. Do you have any other comments on the draft Do you agree that the levels of penalty charge should be Q7 Charging Scheme Order Q3 lower than the maximum permissible under the proposed (Appendix A – Draft Charging Scheme Order)? new enabling Enforcement Regulations? Please add any comments. Do you agree or disagree with our assessment (Appendix Q8 C – Impact Assessment) of the impacts of the proposals, Do you agree with the proposal to set the same penalty Q4 particularly on small firms and protected equality groups? charge rate for all vehicles? Please add any comments. Please add any comments.

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

What will happen next A 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.

<< 11 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document Appendix A – Draft Charging Scheme Order

(2) “local resident” means a person who permanently resides in the borough of Dartford or STATUTORY INSTRUMENTS 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 20 No. deposited at DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards- on-Sea, , TN37 7GA; and (4) all measurements of distance are measured along the route of the Crossing. HIGHWAYS, ENGLAND Application of charging regime The A282 Trunk Road (Dartford-Thurrock Crossing Charging 3.The length of highway set out in Schedule 1 (“the Crossing”) and as indicated on the plan is Scheme) Order 20 designated as being subject to the charging regime.

Charging regime Made - - - - *** 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. Coming into force - - *** (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 The Secretary of State for Transport makes the following Order in exercise of the powers regime set out in Schedule 3. 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) (3) [The charging regimes set out in Schedule 2 and Schedule 3 may be varied by the Secretary Regulations 20 .(b) 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. Appropriate persons have been consulted in accordance with section 170(1C) of that Act and (5) The charging regimes apply to all classes of motor vehicles, as defined in the Road User Regulation 4 of the Trunk Road Charging Scheme (Bridges and Tunnels) (England) Procedure Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) Regulations Regulations 2001(c). 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 Citation, commencement and period in force and which are drawing a trailer, shall be charged as though they are not drawing a trailer. 1.—(1) This Order may be cited as the A282 Trunk Road (Dartford-Thurrock Crossing Advance payments Charging Scheme) Order 20 and comes into force on . (2) Articles 1, 2, 3, 4(3) to (6), 5, 6 and 10— 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 (a) come into force on the date of coming into force of this Order; and as may be provided by the agreements, charges for a motor vehicle to be used on the Crossing may (b) cease to have effect at the end of the period of seven years beginning with the day on be paid compound in advance. which this Order comes into force. (2) An advance payment agreement may relate to use on such number of occasions, or during (3) Articles 4(1) comes into force on the date of coming into force of this Order and remains in such period, as may be provided by it, and may provide for a reduction to the charges set out in the force until the commencement of free-flow charging. charging regime. (4) Articles 4(2), 7, 8 and 9— (3) An advance payment agreement offered by the Secretary of State (or the Secretary of State’s (a) come into force on the date of commencement of free-flow charging; and agent) must be offered on the same terms to all persons seeking to enter into such agreement. (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. Advance payments for local residents 6.—(1) Subject to paragraph (3), the Secretary of State (or the Secretary of State’s agent) may Interpretation 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 2.In this Order— Crossing may be paid compound in advance. (1) “free-flow charging” means the collection of charges under the charging regime after the (2) A local resident’s agreement may relate to use on such number of occasions, or during such removal of the fixed barrier tolling booths from the Crossing. period, as may be provided by it, and may provide for a reduction to the charges set out in the charging regimes.

(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. (a) S. I. 2001/2793. continued << 2 12 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document

(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 SCHEDULE 1 Article 3 agreement. LENGTH OF HIGHWAY SUBJECT TO THE CHARGING REGIME Penalty charge The length of highway is a length of the A282 trunk road starting at a point below the north face 7.—(1) A penalty charge shall be payable in respect of a vehicle which has incurred a charge of the bridge carrying Crossways Boulevard University Way (A206) over the Trunk Road at under the applicable charging regime and such penalty charge has not been paid in full at or before junction 1A at Dartford, in the County of Kent, and extending northwards to a point approximately 23:59 hours on the day immediately following the day on which the charge was incurred. 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 (2) A penalty charge payable under paragraph (1) shall be payable in addition to the charge Queen Elizabeth II bridge over the River Thames. 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 . 4 continued << 3 13 >> introducing post-payment periods and enforcement measures for ‘free-flow’ charging at the dartford-thurrock river crossing – consultation document

SCHEDULE 3 Article 4(2)

SCHEDULE 2 Article 4(1) THE CHARGING REGIME THE CHARGING REGIME (Free-flow Charging)

Item Class of Motor Vehicle and Description Charge for each Item Class of Motor Vehicle and Description Charge for each Charge for each motor vehicle for a motor vehicle for motor vehicle single journey using a single journey for a single the Crossing using the Crossing journey using A Classes A(a), B(a), C(a) D(a) and E(a). Free if paid by 23:59 the Crossing if Including mopeds, motorcycles, motor tricycles, light on the day of use paid by 23:59 quadricycles and quadricycles. on the after the day of use B Classes L(a), M1(a). £2.00 A Classes A(a), B(a), C(a) D(a) and E(a). Free Free Including motor caravans, or motor cars with at least four Including mopeds, motorcycles, motor wheels and no more than eight seats in addition to the tricycles, light quadricycles and quadricycles. driver’s seat. B Classes L(a), M1(a). £2.50 £[ ] C Classes NAB(1)(a) and MAB(1)(a) £2.50 Including motor caravans, or motor cars with Including light goods vehicles, or motor coaches or omnibus at least four wheels and no more than eight with more than eight seats in addition to the driver’s seat, seats in addition to the driver’s seat. having no more than two axles. C Classes NAB(1)(a) and MAB(1)(a) £3.00 £[ ] D Classes NAB(2)(a), NAB(3)(a), MAB(2)(a) and MAB(3)(a) £5.00 Including light goods vehicles, or motor Including heavy goods vehicles, motor coaches or omnibus coaches or omnibus with more than eight with more than eight seats in addition to the driver’s seat, seats in addition to the driver’s seat, having having more than two axles. no more than two axles.

D Classes NAB(2)(a), NAB(3)(a), MAB(2)(a) £6.00 £[ ] 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.

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[SCHEDULE 4 Article 4(3) SCHEDULE 5 Article 4(5) VARIATION OF THE CHARGING REGIME IN LINE WITH THE RETAIL PRICE INDEX DESCRIPTIONS OF MOTOR VEHICLES EXEMPT FROM THE CHARGING REGIME

1. The following descriptions of motor vehicles are exempt from the charging regime— 1. In this Schedule— (1) a police vehicle, identifiable as such by writing or markings on it or otherwise by its (1) “the base month” means the month of [April]; and appearance, or being the property of the Service Authority for the National Criminal Intelligence (2) “the revision date” means the day immediately following the end of the period of two Service or the Service Authority for the National Crime Squad and issued with a Registration months beginning with the first day of the base month. 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 2. On or within the period of twenty-one days following— driven by persons for the time being subject to the orders of a member of the armed forces of the (1) the first revision date after the charging regime in Schedule 3 has been in operation one full Crown; year; and (3) a fire engine as defined by paragraph 4(2) of Schedule 2 the Vehicle Excise and Registration (2) each succeeding revision date falling within the duration of this Order; Act 1994(a) being used in the execution of duty; the Secretary of State may make a variation order in accordance with this Schedule fixing the (4) a vehicle which is kept by a fire authority as defined by paragraph 5 of that Schedule being amounts of the charges in respect of all classes of vehicles on which charges are leviable. used in the execution of duty; 3.—(1) The maximum charge amount to be fixed by the variation order is by reference to the (5) an ambulance as defined by paragraph 6(2) of that Schedule being used in the execution of “relevant rise”. duty; (2) The “relevant rise” is the percentage difference between the retail price index for the base (6) a vehicle which is kept by a health service body as defined by paragraph 7 of that Schedule month which is12 months before the base month for the purposes of the new variation order, and being used in the execution of duty; the base month for the purposes of the new variation order. (7) invalid carriages as defined by paragraph 18 of that Schedule; (3) The variation order may fix an amount which is less than the amount reached by reference to (8) vehicles used by or kept for use by or for the purpose of a disabled person as defined by the “relevant rise”. paragraph 19 of that Schedule; 4. Any amount to be fixed by a variation order— (9) vehicles used for the carriage of disabled persons by recognised bodies in accordance with paragraph 20 of that 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 (10) an omnibus being used for a local service as defined by section 2 of the Transport Act 1985(b) and (2) if it is an amount which on division by ten produces a remainder of five, shall be increased by five pence. (11) a vehicle being used in connection with— (a) the collection of charges; or 5. A variation order made under this Schedule shall come into force on the 1st day of [October]. (b) the inspection, safety, maintenance, improvement or renewal of or other dealing with the 6. The Secretary of State shall give not less than 7 days notice of his intention to implement the length of highway described in Schedule 1 or any structure, works or apparatus in, on, variation by publishing a notice thereof in at least one local newspaper circulating in the relevant under or over that length of highway. area and in the London Gazette. (12) a vehicle used by or escorted by the Vehicle and Operator Service Agency in the execution 7. References in this Schedule to the retail prices index means the monthly of duty. 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.]

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

• Chief Constable of Essex Police

• Chief Constable of

• Chief Officer of Essex County Fire and Rescue Service

• Chief Officer of Kent Fire and Rescue Service

• East of England Ambulance Service NHS Trust

• South East Coast Ambulance Service NHS Foundation Trust

• Essex County Council

• Kent County Council

• Dartford Borough Council

• Thurrock Council

• The Disabled Persons Transport Advisory Committee

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