The Road Humps (Scotland) Regulations 1990

Statutory Instruments

1990 No. 2623 (S.218)

ROADS AND BRIDGES, SCOTLAND

The Road Humps (Scotland) Regulations 1990

Made

20th December 1990

Laid before Parliament

21st December 1990

Coming into force

11th January 1991

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

Citation and Commencement

1.  These Regulations may be cited as the Road Humps (Scotland) Regulations 1990 and shall come into force on 11th January 1991.

Interpretation

2.—(1) In these Regulations—

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

“traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984((2));

“the Traffic Signs Regulations” means the Traffic Signs Regulations and General -Directions 1981((3)).

(2) For the purposes of these Regulations road humps in a road shall be deemed to form part of a series where they are two or more in number and spaced so that not less than 20 metres nor more than 150 metres lies between one hump and the one next to it.

(3) For the purposes of these Regulations measurements to or from any point to or from a road hump shall be taken to or from that edge of the hump, as shown in the Schedule, which is nearest to the point and for the purposes of regulations 4 and 5 and of this paragraph—

(a) measurements to or from a horizontal bend shall be taken to or from that part of the bend which is nearest to the hump;

(b) measurements to or from a road junction shall be taken to or from the point nearest the hump on an imaginary line drawn across the mouth of the junction; and

(c) a horizontal bend begins where a motor vehicle would start a change of direction of not less than 70 degrees within a distance of not more than 32 metres and ends where the vehicle would finish that change of direction.

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

Consultation about road hump proposals

3.  Where a roads authority propose to construct a road hump, they shall, as well as consulting the chief officer of police as required by section 37(1) of the Act, also consult—

(a) the district council in whose district the road is situated;

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

(c) the Common Services Agency for the Scottish Health Service in respect of their provision of an ambulance service in terms of section 45 of the National Health Service (Scotland) Act 1978((4)) and the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974((5)); and

(d) one or more organisations representing persons who use the road to which the proposals relate, or representing persons who are otherwise likely to be affected by the road hump, unless it appears to the roads authority that there are no such organisations.

Circumstances in which road humps may be constructed and maintained

4.—(1) Save as provided in regulation 7, no road hump shall be constructed in any road unless the requirements specified in paragraph (2) below are satisfied.

(2) The requirements referred to in paragraph 1 above are that—

(a) in the road there is either—

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

(ii) lighting specially provided for the hump; and

(b) in respect of the hump or, where there is a series of road humps, the first hump in the series to be met by approaching vehicular traffic, at least one of the requirements specified in paragraph (3) below is satisfied.

(3) The requirements referred to in paragraph (2)(b) above are that—

(a) all vehicular traffic approaching the hump will within 40 metres the hump either enter the road in which the hump is placed through a junction with another road or pass through a horizontal bend where such traffic requires to make a change of direction of not less than 70 degrees within a distance of not more than 32 metres;

(b) all vehicular traffic approaching the hump from the closed end of a cul-de-sac will meet the hump within 40 metres of that end; or

(c) all vehicular traffic approaching the hump will within 60 metres of the hump pass a traffic sign, addressed to such traffic, of the type specified in diagram 1002.1, 1003, 1003.1 or 1003.3 in Schedule 2 to the Traffic Signs Regulations.

Nature, dimensions, location and spacing of road humps

5.—(1) Save as provided in regulation 7, no road hump shall be constructed or maintained in a road unless—

(a) it complies with one of the sets of specifications in the Schedule, so, however, that a measurement shall be deemed to comply if it is—

(i) in the case of a vertical measurement, no more than 12 millimetres;

(ii) in the case of a horizontal measurement no more than 5 per cent;

greater or less than the corresponding measurement shown in the specification;

(b) it is at right angles to an imaginary line along the centre of the carriageway of the road in which it is placed; and

(c) where it is constructed or maintained in a road with a gradient of more than 10 per cent, it is not within 20 metres of the top of that part of the road which has that gradient and where it forms part of a series of humps the distance between road humps on that gradient in that series is not greater than 70 metres.

(2) A road hump of a type which complies with the specifications shown in diagram No 1 or No 3 in the Schedule may be constructed and maintained in a road so that its centre line, at right angles to the edge of the road, is in the same position as the centre line of the pattern of black and white stripes specified in paragraph 4(1) of Part I of Schedule 2 to the “Zebra” Pedestrian Crossings Regulations 1971((6)).

(3) Save as mentioned in paragraph (2) above, no road hump shall be constructed and maintained within the limits of a zebra controlled are as defined in regulation 3(1) of the Regulations mentioned in that paragraph or within 30 metres from the imaginary line along the centre of the pattern of stripes mentioned in that paragraph.

(4) A road hump which complies with the specifications shown in diagram No 1 or No 3 in the Schedule may be constructed and maintained in a road so that its centre line, at right angles to the edge of the road, is in the same position as the centre of the limits of the crossing from one side of the road to the other as shown in the diagrams in Schedule 2 to the “Pelican” Pedestrian Crossings Regulations and General Directions 1987((7)).

(5) Save as mentioned in paragraph (4) above, no road hump shall be constructed and maintained within the limits of a “pelican” crossing as defined in article 3(2) of Part I of the Regulations mentioned in that paragraph or within 30 metres of any part of any such crossing.

(6) No road hump shall be constructed or maintained in a road—

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

(b) under or within 25 metres of any part of a structure over a carriageway of that road, any part of which structure is 6.5 metres or less above the surface of the carriageway;

(c) above or within 25 metres of any part of a bridge, tunnel, culvert or other similar structure over which a carriageway of that road passes.

(d) within 8 metres of a road junction giving access to vehicular traffic to that road or a horizontal bend in which a vehicle has to change its direction by more than 45 degrees within a distance of less than 50 metres;

(e) within 20 metres of any part of any traffic sign of a kind shown in diagram 845, 846, 847 or 848 in Part IV of Schedule 1 to the Traffic Signs Regulations or within 10 metres of a traffic sign of a kind shown in diagram 1025, 1025.1, 1025.2 or 1025.3 in Schedule 2 to those Regulations; or

(f) when it would form part of a series of more than 20 humps.

Placing of traffic signs

6.  Save as provided in regulation 7, where a road hump or series of road humps is constructed in a road the roads authority for that road shall forthwith cause to be placed and thereafter cause to be maintained—

(a) traffic signs of a kind shown in diagram 557.1, in combination with traffic signs of a kind shown in diagram 557.2, 557.3 or 557.4 in Part I of Schedule 1((8)) to the Traffic Signs Regulations in such positions as the authority may consider requisite for the purpose of providing adequate warning of the presence of a road hump or a series of road humps to persons using the road;

(b) except in a case specified in sub-paragraph (c) below, on the road hump or, in the case of a series of road humps, on each hump in the series, the traffic sign shown in diagrams 1060 and 1060.1 in Schedule 2 to the Traffic Signs Regulations or in diagram 1061 and 1061.1 in that Schedule((9));

(c) in a case where a road hump is placed on a road in accordance with regulation 5(2), a traffic sign of the kind shown in diagram 544 in Part I of Schedule 1 to the Traffic Signs Regulations facing traffic approaching the pedestrian crossing together with a traffic sign of the kind shown in diagram 547.5 in that Part((10));

(d) in a case where a road hump is placed on a road in accordance with regulation 5(4), a traffic sign of a kind shown in diagram 547.6 in Part I of Schedule 1(11) to the Traffic Signs Regulations facing traffic approaching the pedestrian crossing together with a traffic sign of the kind shown in diagram 543 in that Part.

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

Revocation

8.  The Road Humps (Scotland) Regulations 1989((12)) are hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

20th December 1990

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which re-enact the Road Humps (Scotland) Regulations 1989 with amendments, make provision in relation to the construction and maintenance of road humps.

Regulation 2 deals with interpretation. Regulation 3 contains provisions for consultation about road hump proposals. Regulation 4 re-enacts with amendments the requirement that a road hump shall only be constructed in a road which is lit as there specified and where one or more of the features there specified exist. Regulation 5 re-enacts with amendments the provisions in respect of the nature, dimensions, location and spacing of road humps. In addition to the one permitted design allowed in the 1989 Regulations, paragraph (1) provides that a road hump shall only be constructed according to the dimensions and nature as specified therein and in the Schedule. Paragraphs (2) and (3) re-enact the earlier provisions that in any “Zebra” crossing a road hump is constructed as specified therein and in diagrams 1 or 3 of the Schedule. Paragraphs (4) and (5) are new provisions to provide that on any “Pelican” crossing a road hump is constructed as specified therein and in diagrams 1 or 3 of the Schedule. Paragraph (6) re-enacts the previous provisions that road humps shall not be constructed at locations or in the circumstances specified therein. Regulation 6 prescribes both new and existing traffic signs to be placed and maintained in connection with road humps. Regulation 7 is a new provision which specifies those provisions in the Regulations which do not apply where road humps are to be placed in a road subject to a speed limit of 20 m.p.h. or less.

(1)

1984 c. 54.

(2)

1984 c. 27.

(3)

S.I. 1981/859, amended by S.I. 1982/1879, 1880, 1983/1086, 1088, 1984/966, 1986/1859, 1987/1706 and 1990/704.

(4)

1978 c. 29.

(5)

S.I. 1974/467.

(6)

S.I. 1971/1524, amended by S.I. 1977/548 and 1987/363.

(7)

S.I. 1987/16.

(8)

Diagram 557.1 in combination with diagrams 557.2, 557.3 and 557.4 were inserted by regulation 6 of S.I. 1983/1088.

(9)

Diagrams 1060, 1060.1, 1061 and 1061.1 were inserted by regulation 6 of S.I. 1990/704.

(10)

Diagram 547.5 was inserted by regulation 2 of S.I. 1986/1859.

(11)

Diagram 547.6 was inserted by regulation 5 of S.I. 1990/704.

(12)

S.I. 1989/1095.