UKIP AM questions legality of Severn toll after 2019

The Severn bridges will come under the control of the UK Government in 2018

It would be 'illegal' for UK ministers to levy the Severn toll beyond around 2019, a UKIP AM has claimed.

Mark Reckless said under existing law the charge can only continue until approximately £80m has been collected once the bridges return to public ownership.

He said the Welsh Government should consider a court challenge.

The UK government, which plans to cut the toll, said it was determined to make the right decisions for Britain.

Ministers announced plans last week for the Severn tolls to be reduced to £3 for cars and other small vehicles.

The Welsh Government and all parties in the assembly, including UKIP, think the toll should be abolished.

The UK government wants continued charging to fund the operation and maintenance of the crossings, and to repay debt associated with them, once they return to public ownership in around 2017-18.

The UKIP regional AM for south Wales east said: "Severn bridges are going to come back to the public sector at the end of this year.

"After that, the Severn Bridges Act says that the UK government can only toll for a certain further sum, about £80m."

He said that is likely to be raised by the end of 2019.

"Unless the UK government passes a new act of parliament in Westminster or amends the Severn Bridges Act, my argument is that any charging scheme that leads to a toll continuing after the sum allowed has been raised would be illegal," Mr Reckless added.

Mark Reckless has questioned how future tolls can be collected in Wales

Mr Reckless said: "Ultimately if the UK government won't respect this assembly and won't respect the strong legal arguments that we have on our powers, then ultimately the Welsh Government should take them to court".

In the Senedd earlier this week Mr Reckless also questioned how the tolling plaza, which is near Rogiet, could continue to be used given its location is in Wales and that transport policy for charges on trunk roads is devolved.

He also cited the consultation document from the UK government on the proposed cut in toll, which says the charge will only relate to the roads on the crossings that are in England: most of the M48 Severn Bridge and around half of the M4 Second Severn Crossings.

Newport West Labour MP Paul Flynn has also questioned the legality of new tolls on the crossings in an early day motion in Parliament.

Calling for "toll-free crossings", Mr Flynn said the bridges should "not be used unfairly as cash cows".

Ken Skates has said he is "baffled" by the rationale for continuing tolling

Economy Secretary Ken Skates, who has agreed to meet Mr Reckless to discuss the legality of the situation, told AMs that he was "baffled... by the rationale that's being given" for the charge to continue to be levied given that debt on the Humber crossing has been written off.

But he told AMs: "We don't think there's any reason to consider that this is not legally possible".

A spokeswoman for the UK government's Department for Transport said: "The Government is determined to make the right decisions for Britain's future and reducing the tolls on the Severn Crossings will cut costs for businesses helping boost jobs and trade in Wales and across the south west."