Email response to Classic Car Customers re the need for them to pay a Tyne Tunnel Toll

Dear [Customer],

Thank you for writing to us with your queries relating to the need for the drivers of Classic Cars to pay a Tyne Tunnel Toll whilst using the facility. I will advise you as to TT2’s responsibilities as a Concessionaire and then explain the history of the tolling situation to you. Hopefully this should resolve your questions, but I do acknowledge that all users would prefer free passage, unfortunately this is not possible as if there were no toll then there wouldn’t be a road tunnel at this site.

In providing you with a comprehensive explanation I will need to refer to a number of legalistic documents, such as Acts and Orders- I apologise if you find them dry or slightly confusing, however these are relevant as they are where our authority to charge comes from.

In November 2007 TT2 was created as the company to be client for building the New Tyne Crossing and to be the Concessionaire operating the existing Tyne Tunnel from February 2008, and the new tunnel from December 2011. This tunnel operation is on behalf of Tyne and Wear Integrated Transport Authority, (TWITA), under a very detailed Project Agreement. This agreement requires us to collect, on behalf of TWITA, any toll due and to pay all tolls to them in a timely manner. Should we not collect a toll due from a customer then we are required to recompense TWITA.

The need for users of the road tunnel to pay a toll arose from the Tyne Tunnels enabling legislation: Tyne Tunnel Acts 1946, 1956, & 1960; Durham County Council Act 1968; Tyne and Wear Act 1976; River Tyne (Tunnels) Order 2005. This need to pay a toll and the level of the toll to be paid is more specifically detailed in an instrument called a Tolls Prescription Order, the current Statutory Instrument is the “2007 No. 3400 Highways England The River Tyne (Tunnels) (Revision of Tolls) Order 2007”. This order was signed by the Secretary of State for Transport on 4^th December 2007, and came into force on 1^st January 2008. These Regulation and orders detail the following requirements:-

• SCHEDULE TYNE TUNNEL ACT 1960 TOLLS (PRESCRIPTION) ORDER

Classification of vehicles                                                                           Toll for a single

                                                                                                                      journey through or into the tunnel

1. For each motor cycle (with or without                                               1 shilling

a sidecar) or a power assisted cycle

2. For each motor car (including motor                                                  2 shillings and 6 pence

Car with 3 wheels), taxi, vehicle with

Weight unladen not exceeding 30cwt.

and constructed solely for the carriage

of not more than 16 passengers (excluding

the driver) and their effects and light goods

vehicle (up to 30cwt.unladen weight) with

or without trailer in each case

3. For each goods vehicle or passenger                                                 4 shillings

carrying vehicle not included in classification

1. and (2) with or without trailer

• Vehicles exempt from toll-

The Schedule of the Tyne Tunnel Act, 1960 stated that:-

“Nothing in this Order shall prejudice or affect the provision of Section 41 of the Tyne Tunnel Act 1960 which exempts from liability for the payment of tolls any vehicle for invalids which is exempted from the payment of duty under the Vehicles (Excise) Act 1962

Note as with other legislation the Vehicle Excise Act was amended and the current version is- “The Vehicle Excise and Registration Act 1994”

• The River Tyne (Tunnels) Order 2005 No.2222,

Further advises on exemptions from toll

• Part 5 Section 42 (10) states:

  • Tolls may not be charged for (a) Fire service vehicles, (b) Police vehicles, (c) Civil defence vehicles, (d) ambulances, (e) Disabled persons, (f) TT2 vehicles, (g) Naval Military or Air Forces Vehicles, (h) Vehicles broken down in the tunnel, (i) Public Service Vehicles.

The definition of a disabled person’s vehicle is defined in Vehicle Excise and Registration Act 1994:-

Vehicles for disabled people

19 (1) A vehicle is an exempt vehicle when it is being used, or kept for use, by or for the purposes of a disabled person who satisfies sub-paragraph (2) if—

(a) the vehicle is registered under this Act in the name of the disabled person, and

(b) no other vehicle registered in his name under this Act is an exempt vehicle under this paragraph or paragraph 7 of Schedule 4.

(2) A disabled person satisfies this sub-paragraph if—

(a) he is in receipt of a disability living allowance by virtue of entitlement to the mobility component at the higher rate,

(b) he is in receipt of a mobility supplement, or

(c) he has obtained, or is eligible for, a grant under—

(i) paragraph 2 of Schedule 2 to the [1977 c. 49.] National Health Service Act 1977,

(ii) section 46(3) of the [1978 c. 29.] National Health Service (Scotland) Act 1978, or

(iii) Article 30(3) of the [S.I. 1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972,

in relation to the vehicle.

(3) For the purposes of sub-paragraph (1) a vehicle is deemed to be registered under this Act in the name of a person in receipt of a disability living allowance by virtue of entitlement to the mobility component at the higher rate, or of a mobility supplement, if it is so registered in the name of—

(a) an appointee, or

(b) a person nominated for the purposes of this paragraph by the person or an appointee.

(4) In sub-paragraph (3)“appointee” means—

(a) a person appointed pursuant to regulations made under (or having effect as if made under) the [1992 c. 5.] Social Security Administration Act 1992 or the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 to exercise any of the rights and powers of a person in receipt of a disability living allowance, or

(b) a person to whom a mobility supplement is paid for application for the benefit of another person in receipt of the supplement.

• The current tolls prescription order is- The River Tyne (Tunnels) (Revision of Tolls) Order 2007 No.3400

CERTIFIED A TRUE COPY

SOLICITORS DEPARTMENT

DEPARTMENT FOR TRANSPORT

__________________________________________________________________________________

STATUTORY INSTRUMENTS

__________________________________________________________________________________

2007 No. 3400

HIGHWAYS ENGLAND

The River Tyne (Tunnels) (Revision of Tolls) Order 2007

Made 4th December 2007

Coming into force 1st January 2008

The Secretary of State for Transport, in exercise of the powers conferred by section 13 of the Tyne and Wear Act 1976(a) and Schedule 14 of the River Tyne (Tunnels) Order 2005(b), makes the following Order:

1. This Order may be cited as the River Tyne (Tunnels) (Revision of Tolls) Order 2007 and shall come into force on 1sI January 2008.

2. The tolls authorised in pursuance of the River Tyne (Tunnels) Order 2005 and set out in the Tyne Tunnel (Revision of Tolls and Traffic Classification) Order 2001 (c) are hereby revised so that the tolls which the Tyne and Wear Passenger Transport Authority may demand and recover in respect of all traffic passing through and into the tunnel crossing shall be those specified in the Schedule to this Order as from the date on which this Order comes into force.

3. The River Tyne (Tunnels) (Revision of Tolls) Order 2006 (d) is revoked.

4. In this Order-

"motorcycle" means a mechanically propelled vehicle having less than four wheels and, in a case where a cabin is provided, the cabin of which is not so constructed as to enclose the driver and any 'passenger;

"the tunnel crossing" has the same meaning as in article 2 of the River Tyne (Tunnels) Order 2005;

"maximum gross weight" has the meaning given by regulation 3 of the Motor

Vehicles (Construction and Use) Regulations 1986(e).

(a) 1976 c.xxxvi (b) S.I. 2005/2222 (c) S.1. 2001/2960 (d) S.I. 2006/3213

(e) S.I. 1986/1078

Signed by authority Martin Jones

of the Secretary of State A Senior Civil Servant in the

4th December 2007 Department for Transport

[DfT……. ]

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, made in consequence of a determination by the Tyne and Wear Passenger Transport Authority in accordance with paragraph 2, Schedule 14 of the River Tyne (Tunnels) Order 2005, increases the maximum toll for use of the Tyne Tunnel by cars and most minibuses and light goods vehicles from £1.10 to £1.20. The maximum toll for use of the Tyne Tunnel by motorcycles and by heavy goods vehicles remains unchanged.

Conclusions

I hope that the information contained in this briefing note clearly demonstrates why TT2, on behalf of TWITA, require that you pay a toll to pass through- or indeed merely enter- the Tyne Tunnel. Furthermore as a Classic Car driver you can accept the requirement for you to pay a toll. The toll charge is purposely set at a level that is judged to be what the Regional Economy can afford.

If I can be of any further assistance please get in touch.

Regards…………………