These amendment orders relate to the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 and the Heavy Commercial Vehicles in Kent (No. 2) Order 2019. Although the Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 is subject to the negative procedure, the House should be aware of it when considering the other two amending orders. Together they support the effective management of Operation Brock and strengthen the enforcement regime that underpins it.
Operation Brock is a co-ordinated, multi-agency response to cross-channel travel disruption. It replaces Operation Stack and has been specifically designed to keep the M20 motorway in Kent open in both directions, with access to junctions, even in periods of severe and protracted disruption. The Kent Resilience Forum is responsible for the Operation Brock plans. Any decisions relating to the activation and timing of the different phases of Operation Brock will be taken by Kent police silver command.
It is crucial that these instruments are brought into force in time for the end of the transition period, to ensure that the scheme operates as efficiently as possible to reduce the impact on businesses and local communities in Kent. I am grateful, therefore, that time has been found for this debate to take place quickly and also for the speed with which the Joint Committee on Statutory Instruments has scrutinised the instruments.
Amendment order No. 1 extends to 31 October 2021 the sunset clause in the Heavy Commercial Vehicles in Kent (No. 1) Order 2019. To give a little history, the 2019 order gave new powers to traffic officers in Kent, enabling them to, first, require the production of documents to establish the vehicle’s destination and readiness to cross the border; secondly, direct drivers to proceed to a motorway, removing the vehicle from the local road network; and, thirdly, direct drivers not to proceed to the channel tunnel or port of Dover except via a specified road or route.
The amendment sets the amount of the financial penalty deposit, which will be issued and taken immediately at the roadside by the police or staff from the Driver and Vehicle Standards Agency. The amount of the deposit for breaching the traffic restrictions introduced by the other two instruments is set at £300.
Amendment order No. 2 extends to 31 October 2021 the sunset clause of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019, which prohibits cross-channel heavy goods vehicles from using local roads in Kent other than those on the improved Operation Brock routes.
The amendment goes further to define local Kent roads that will require a Kent access permit, which can be obtained from the “check an HGV is ready to cross the border” service.