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Statutory Instruments

1998 No. 1448 (S.74)

ROADS AND BRIDGES, SCOTLAND

The Road Humps (Scotland) Regulations 1998

Made

7th June 1998

Laid before Parliament

25th June 1998

Coming into force

16th July 1998

The Secretary of State, in exercise of the powers conferred on him by sections 37(1)(b), 38(1) and 143(1)(a) and (b) of the Roads (Scotland) Act 1984(1) and of all other powers enabling him in that behalf, and having consulted such representative organisations as he thought fit in accordance with sections 37(6) and 38(2) of that Act, hereby makes the following Regulations:

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Road Humps (Scotland) Regulations 1998 and shall come into force on 16th July 1998.

(2) The Road Humps (Scotland) Regulations 1990(2) are hereby revoked.

Interpretation

2.—(1) In these Regulations–

“the Act” means the Roads (Scotland) Act 1984;

“fire authority” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3) or, where the area of the fire authority forms part of a combined area for fire-fighting purposes, the joint board for fire services for that combined area;

“traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984(4);

“the Traffic Signs Regulations” means the Traffic Signs Regulations 1994(5).

(2) For the purposes of these Regulations, measurements between a road hump and any other point shall, as respects that road hump, be taken to or from its edge nearest to the other point.

(3) A reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations.

Consultation on road hump proposals

3.  Where a roads authority propose to construct a road hump under section 36 of the Act, in addition to consulting the chief officer of police in accordance with section 37(1) of the Act, they shall consult–

(a)the council, constituted under section 2 of the Local Government etc. (Scotland) Act 1994, in whose area the road is situated, in the case of the roads authority concerned being the Secretary of State;

(b)the fire authority in whose area the road is situated;

(c)the Scottish Ambulance Service NHS Trust(6);

(d)such persons or organisations representing persons who use the road or who are otherwise likely to be affected by the road hump, as the roads authority think fit.

Roads on which road humps may be constructed

4.—(1) Subject to regulation 7, no road hump shall be constructed on a road unless the requirements specified in paragraph (2) below are satisfied.

(2) The requirements referred to in paragraph (1) above are that on the road there is either–

(a)a system of carriageway lighting furnished by at least three lamps lit by electricity and placed so that not more than 38 metres separate each lamp from the one next to it; or

(b)a system of carriageway lighting complying with the British Standard for Road Lighting published by the British Standards Institution under number BS5489 or with an equivalent standard or code of practice published by a national standards body or equivalent body of a member state of the European Community before these Regulations are made; or

(c)lighting specially provided for the road hump.

Dimensions and location of road humps

5.—(1) Subject to regulation 7, no road hump shall be constructed or maintained on a road–

(a)if it exceeds 100 millimetres at its highest point from an imaginary line parallel to the centre line of the carriageway on one side of the road hump to the surface of the carriageway on the other side of the road hump and passing vertically below that point;

(b)if any vertical face of any material forming part of the road hump exceeds 6 millimetres in height;

(c)unless it is at right angles to an imaginary line along the centre of the carriageway;

(d)on a railway level crossing or within 20 metres of the nearest rail forming part of the railway track at that crossing;

(e)within 2 metres of any rail providing support and guidance for vehicles carried on flanged wheels and running in the carriageway otherwise than at a railway level crossing.

(2) Subject to paragraph (3) below, a road hump may be constructed or maintained on a road so that its centre line is in the same position as the centre line of a pedestrian crossing.

(3) No road hump shall be constructed or maintained on a road–

(a)within the limits of a Zebra controlled area or within 30 metres of the centre line of a Zebra crossing;

(b)within the limits of a Pelican controlled area or within 30 metres of the centre line of a Pelican crossing;

(c)within the limits of a Puffin controlled area or within 30 metres of the centre line of a Puffin crossing.

(4) In this regulation–

Placing of traffic signs

6.  Subject to regulation 7, where a road hump is constructed on a road the roads authority for that road shall place and maintain appropriate traffic signs as prescribed in the Traffic Signs Regulations in such positions (if such positions are not prescribed in the Traffic Signs Regulations) as the authority consider requisite for the purpose of providing adequate warning of the presence of the road hump.

Roads subject to 20mph speed limit or less

7.  Where a road hump is constructed on a road which is subject to a speed limit of 20 miles per hour or less, the provisions of regulations 4, 5(1)(c), and 6 shall not apply.

Saving

8.  There is excluded from the application of these Regulations any road hump constructed on a road conform to the Road Humps (Scotland) Regulations 1990 before these Regulations come into force.

Henry McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

7th June 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Road Humps (Scotland) Regulations 1990 and replace them with new provisions, as a result of which the roads authority have more freedom to design and install road humps.

Regulation 3 provides for consultation with the fire brigade, ambulance service (consultation with the police is provided for under section 37(1) of the Roads (Scotland) Act 1984) and with organisations representing the road users. Where the Secretary of State is the roads authority, he is required to consult the local authority in whose area the road is situated.

Regulation 4 refers to lighting requirements for roads on which a road hump may be constructed.

Regulation 5 specifies the maximum height of a road hump and of any vertical face forming part of a hump and restricts the positioning of humps near Zebra, Pelican and Puffin crossings, railway level crossings and tramways.

Regulation 6 provides for the placing of traffic signs in relation to road humps in such positions as are considered appropriate by the roads authority.

Under Regulation 7, a road hump on a road with a speed limit of 20mph or less is only subject to the requirements on dimensions (Regulation 5(1)(a) and (b)) and on its position in relation to pedestrian and other crossings (Regulation 5(1)(d) and (e) and 5(2)).

(2)

S.I. 1990/2623.

(5)

S.I. 1994/1519, to which there are no relevant amendments.

(6)

This Trust was established by S.I. 1994/2994.

(8)

S.I. 1997/2400.