Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2020 — House of Lords, 2020-11-26
Topic: Transportation
Charlotte Vere (Conservative, Centre-right): My Lords, this package of statutory instruments ensures that traffic can be managed effectively in Kent should there be any disruption on the short straits. This project is called Operation Brock As noble Lords will be aware, the Government have been working with partners in Kent to continue to develop Operation Brock during the transition period. Brock is a co-ordinated multi-agency response to cross-channel travel disruption, specifically when capacity for heavy commercial vehicles—HCVs—to leave the UK through the port of Dover or the Channel Tunnel is significantly restricted. We are prepared to use Brock should cross-channel disruption occur due to the UK’s departure from the EU at the end of the transition period, although it could also be deployed as a result of disruption relating to bad weather or industrial action. These three orders are a vital part of Operation Brock, as they will significantly expand and strengthen the enforcement regime that underpins it The first SI—the (No. 1) (Amendment) order—will see the extension of the sunset clause in the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 to 31 October 2021. To give some history: the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 provides powers to direct drivers to proceed to a motorway, removing the vehicle from the local road network, and powers to direct drivers not to proceed to the Channel Tunnel or the port of Dover except via a specified route or road The (No. 1) order 2019 also sets out the amount of the financial penalty deposit for offences relating to Operation Brock, and it may be helpful if I briefly explain the roadside enforcement regime. A driver with a UK address who commits a road traffic offence can be issued with a fixed penalty notice, which can be paid immediately or within 28 days. However, if a driver does not have a UK address and could avoid that follow-up enforcement action, the police or the Driver and Vehicle Standards Agency can require the immediate payment of a financial penalty deposit. If a driver cannot pay the deposit, their vehicle can be immobilised. This regime is used for many road traffic offences and ensures that penalties are paid. The deposit for breaching the traffic restrictions included in the other two 2019 orders as amended, and for failing to comply with a traffic officer exercising the (No. 1) order 2019 powers, is set at £300. The fixed penalty notice amount is also set at £300 by the (No. 3) (Amendment) order 2020 The (No. 2) (Amendment) order is a "made affirmative" order that will extend to 31 October 2021 the sunset clause of the Heavy Commercial Vehicles in Kent Order (No. 2) 2019, which prohibits cross-channel HCVs from using local roads in Kent other than those on the approved Operation Brock routes. To facilitate traffic flow, the legislation also requires cross-channel HCVs to remain in the nearside or left-hand lane when using those parts of the Operation Brock routes that are dual carriageway local roads. Appropriate exceptions to this prohibition have been provided after consultation with the Kent Resilience Forum and freight associations Finally, the (No. 3) (Amendment) order has been laid using the negative procedure. This order extends the sunset clause of the Heavy Commercial Vehicles in Kent Order (No. 3) 2019 to the same date as the others, so they will all expire on 31 October 2021 The amending order further defines the strategic roads which will require HCV drivers to obtain a Kent access permit through the GOV.UK "Check an HGV is ready to cross the border" service before setting off on an international journey via Kent. This amending order would also allow vehicles carrying specific priority goods to obtain a priority goods permit that allows them to bypass the Operation Brock queues. It also clarifies to whom local haulier permits may be issued in line with Kent County Council guidelines To summarise, these amending instruments continue the powers from the 2019 orders by extending the sunset clause. These instruments allow for an enforceable border readiness check to be conducted. At the end of the transition period, the UK will become a third country and the customs authorities in EU member states will introduce EU border and customs rules. Traders will need to complete new processes for customs and provide documentation to their hauliers, who will need that documentation when carrying goods, to enable smooth movement across the border. The border readiness checks will look to see whether a haulier has those documents. This is important because, without the right documentation, drivers may not be able to complete their journey to the EU. The UK port may turn them away if they do not have the required documentation—for example, some of the customs documentation will need to be scanned at the Eurotunnel check-in before the vehicle can board the train These orders are vital to sensible traffic management in Kent. It is critical that we demonstrate to the public and to businesses that Operation Brock has been developed and strengthened from the 2019 orders and that it will be ready, fully operational and enforceable on day one should it be needed to deal with the impact of any cross-channel disruption. I beg to move.