The M6 Motorway (Junctions 4 to 5) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2009

Citation and commencement

1.  These Regulations may be cited as the M6 Motorway (Junctions 4 to 5) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2009 and come into force on 21st July 2009.

Interpretation

2.  In these Regulations—

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

“the 1984 Act” means the Road Traffic Regulation Act 1984;

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

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

“emergency refuge areas” means a part of a motorway—

(a)

which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6 of the 1982 Regulations, vehicles may be driven, and

(b)

whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the 2002 Regulations; and

“relevant roads” means the lengths of carriageway specified in Schedule 1 together with the adjacent hard shoulders, emergency refuge areas and verges.

Modification of the 1982 Regulations to allow for actively managed hard shoulder

3.—(1) In relation to the relevant roads, the 1982 Regulations shall have effect subject to the following modifications.

(2) In regulation 3(1)—

(a) after sub-paragraph (a) insert—

“(aa) “actively managed hard shoulder” means the hard shoulder of the relevant roads;”;

(b) in sub-paragraph (b)(i) after “the motorway” insert “and includes the actively managed hard shoulder when it is treated as a lane of the carriageway in accordance with regulation 5A(3);”;

(c) after sub-paragraph (c) insert—

“(ca) “emergency refuge area” means a part of a motorway—

(i) which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6, vehicles may be driven, and

(ii) whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations 2002;”;

(d) in sub-paragraph (e) after “hard shoulder”, insert “subject to regulation 5A,”;

(e) in sub-paragraph (g) after “hard shoulder”, add “an emergency refuge area,”; and

(f) after sub-paragraph (f) insert—

“(aff) “relevant roads” has the meaning given to it by regulation 2 of the M6 Motorway (Junctions 4 to 5) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2009;”.

(3) For regulation 4 substitute—

“Application

4.   These Regulations apply to the relevant roads.”

(4) After regulation 5 insert—

“Use of actively managed hard shoulder

5A.— (1) Subject to the following provisions of these Regulations, a vehicle may be driven on a relevant length of the actively managed hard shoulder.

(2) The relevant length of the actively managed hard shoulder shall be treated for the purposes of the Regulations as a lane of the carriageway.

(3) Accordingly where paragraph (2) applies, references in these Regulations—

(a) to a carriageway shall be treated as including references to the relevant length of the actively managed hard shoulder; and

(b) to a hard shoulder, except in regulation 3(1), shall be treated as excluding references to the relevant length of the actively managed hard shoulder.

(4) For the purposes of this regulation “relevant length” in relation to the actively managed hard shoulder means a length of the actively managed hard shoulder that—

(a) begins immediately after an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations 2002 indicating that a speed limit other than the national speed limit applies to the actively managed hard shoulder; and

(b) ends either—

(i) immediately before an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagrams 5003.1 in Schedule 10, or 6031.1 in Schedule 11, to the Traffic Sign Regulations 2002; or

(ii) where the hard shoulder converts to a lane for the normal use of traffic indicated by the road marking of the type shown in diagram 1012.1 converting to a road marking of the type shown in diagram 1004.1.”.

(5) At the end of regulation 7(2), after “carriageway” insert “or on any emergency refuge area which is contiguous to that carriageway or hard shoulder”.

(6) In regulations 7(3)(a) and (b), 9 and 14(b)(i), after “hard shoulder” (in each place) add “or emergency refuge area”.

(7) In regulation 12(2), after “three or more traffic lanes” add “(including the actively managed hard shoulder when it is in use as a lane of the carriageway in accordance with regulation 5A).”

Variable speed limits

4.—(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 Schedule 2;

(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) The speed limit indicated to a vehicle by a speed limit sign is the speed indicated at the time the vehicle passes the sign, or, if higher, the speed limit indicated 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 Schedule 2; 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