The M42 Motorway (Junctions 7 to 9) (Variable Speed Limits) Regulations 2009

Citation and commencement

1.  These Regulations may be cited as the M42 Motorway (Junctions 7 to 9) (Variable Speed Limits) Regulations 2009 and come into force on 21st July 2009.

Interpretation

2.—(1) In these Regulations—

“the 1982 Regulations” means the Motorways Traffic (England and Wales) Regulations 1982(1);

“the 2002 Regulations” means the Traffic Signs Regulations 2002(2); and

“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations.

Variable speed limits

3.—(1) No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.

(2) A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if—

(a) the road is specified in the Schedule;

(b) the vehicle has passed a speed limit sign; and

(c) the vehicle has not passed—

(i) another speed limit sign indicating a different speed limit; or

(ii) a traffic sign which indicates that the national speed limit is in force.

(3) In relation to a vehicle, the speed limit indicated to a vehicle by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.

(4) For the purpose of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.

(5) In this regulation—

“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations;

“road” includes the adjacent hard shoulder and verge;

“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is—

(a)

situated on or near any part of a road specified in the Schedule; and

(b)

directed at traffic on the carriageway on which the vehicle is being driven.

Signed by authority of the Secretary of State for Transport

C. D. Mole

Parliamentary Under Secretary of State

Department for Transport

22nd June 2009