16.—(1) Nothing in the foregoing provisions of these Regulations shall preclude any person from using a motorway otherwise than in accordance with the provisions in any of the following circumstances, that is to say—
(a)where he does so in accordance with any direction or permission given by a constable in uniform [F1, a traffic officer in uniform] or with the indication given by a traffic sign;
(b)where, in accordance with any permission given by [F2a traffic officer in uniform or] a constable, he does so for the purpose of investigating any accident which has occurred on or near a motorway;
(c)where it is necessary for him to do so to avoid or prevent an accident or to obtain or give help required as the result of an accident or emergency, and he does so in such manner as to cause as little danger or inconvenience as possible to other traffic on a motorway;
(d)where he does so in the exercise of his duty as a constable [F3, a traffic officer, when in uniform,] [F4as a member of the Serious Organised Crime Agency for the purposes of that Agency,] or as a member of [F5an ambulance service or as an employee of a fire and rescue authority employed for the purposes of that authority];
(e)where it is necessary for him to do so to carry out in an efficient manner—
(i)the maintenance, repair, cleaning, clearance, alteration or improvement of any part of a motorway, or
(ii)the removal of any vehicle from any part of a motorway, or
(iii)the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of a motorway; or
(f)where it is necessary for him to do so in connection with any inspection, survey, investigation or census which is carried out in accordance with any general or special authority granted by the Secretary of State.
(2) Without prejudice to the foregoing provisions of these Regulations, the Secretary of State may relax any prohibition or restriction imposed by these Regulations.
Textual Amendments
F1Words in reg. 16(1)(a) inserted (1.1.2005) by The Motorways Traffic (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/3258), regs. 1, 5(2)(a)
F2Words in reg. 16(1)(b) inserted (1.1.2005) by The Motorways Traffic (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/3258), regs. 1, 5(2)(b)
F3Words in reg. 16(1)(d) inserted (1.1.2005) by The Motorways Traffic (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/3258), regs. 1, 5(2)(c)
F4Words in reg. 16(1)(d) inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 7
F5Words in reg. 16(1)(d) substituted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 8; and (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 9
Commencement Information