The Road Works (Registers, Notices, Directions and Designations) (Scotland) Regulations 1992

Designation of roads as traffic sensitive

13.—(1) In any case where a road works authority have not by agreement with a majority of statutory undertakers having apparatus in the road, or a reasonable likelihood of having apparatus in the road, designated the road as traffic-sensitive, the road works authority shall not designate the road as traffic-sensitive pursuant to section 123 unless one or more of the following criteria apply:—

(a) the road is one on which at any time the road works authority estimate the traffic flow to be greater than that shown in the table below and on both sides of which the parking of vehicles is prohibited or restricted on the relevant day by an order under section 1 or 9 of the Road Traffic Regulation Act 1984(1) between 7.30 am and 9.30 am and between 3.30 pm and 7.00 pm (whether or not the parking of vehicles is prohibited or restricted on the road at any other hours) or on which parking does not normally take place on either side during these hours.

TABLE

Width of carriageway	Traffic flows (vehicles per hour)
	<10.25m 10.25—13.25m >13.25m
Single carriageway	1050 (2-way) 1320 (1-way) 3330 (2-way)
Dual carriageway/one—way street	1390 (1-way) 2770 (1-way) 4090 (1-way)

• The traffic flow figures used in this table assume a traffic mix containing up to 12 per cent of buses or heavy goods vehicles or both. If, in the case of any road, the number of buses or heavy goods vehicles or both counted exceeds that percentage of the total number of vehicles counted, a conversion factor of 2 may be applied to the number of buses or heavy goods vehicles or both in excess of such percentage;

  (b)

  the road is—

  (i)

  within the area of a critical signalised junction or 100 metres of the major arm, or 50 metres of the minor arm, of such junction, measured in each case from the junction, or

  (ii)

  within the area of a critical gyratory or roundabout system or 40 metres of the major arm, or 20 metres of the minor arm of the approach to or exit from such system, measured in each case from the junction of that arm with the system;

  (c)

  the road is a road in respect of which there is in force an order made under section 1, or 9 of the Road Traffic Regulation Act 1984 prohibiting (with or without exemptions) the use of the road by vehicular traffic for more than 8 hours in any period of 24 hours or an order made under section 201(2) of the Town and Country Planning (Scotland) Act 1972(2); and the two way pedestrian traffic flow is at least 22 persons per minute per metre width during the busiest hour on the relevant day;

  (d)

  the road is a single carriageway two way road less than 6.5 metres wide having a traffic flow of not less than 600 vehicles per hour which is a trunk road or a principal road within the meaning of the Roads (Scotland) Act 1984(3),

  provided that a road works authority may only designate a road as traffic-sensitive for the times and on the dates when one or more of the criteria set out in sub-paragraphs (a) to (d) above apply.

(2) The procedure for making or withdrawing such a designation is specified in Schedule 1 hereto.

(3) The information to be made available by the road works authority in respect of each road for the time being designated under section 123 shall include the date of designation, particulars of the road in sufficient detail to enable it to be identified and, in the case of a limited designation, the times of day, days, periods or occasions to which the designation applies.

(4) In this regulation—

“critical signalised junction” means a traffic signal junction at which, in the absence of road works or works for road purposes and at times when the exit is not blocked, no less than 5 per cent of peak hour vehicles on average fail to clear the junction on the first green signal;

“critical gyratory or roundabout system” means a gyratory or roundabout system where, in the absence of road works or works for road purposes, no less than 5 per cent of peak hour vehicles on average are delayed by more than 20 seconds;

“major arm” of a critical signalised junction means the arm which receives more than 10 seconds of green time per cycle or which is the exit for at least 10 per cent of traffic passing through the junction in the peak hour and “minor arm” of such a junction shall be construed accordingly;

“major arm” of a critical gyratory or roundabout system means an arm which is used by no less than 20 per cent of the vehicles using that system and “minor arm” of such a system shall be construed accordingly;

“peak hour” means between 7.30 am and 9.30 am and between 3.30 pm and 7.00 pm on the relevant day.

(1)

1984 c. 27; section 1 was amended by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 17 and partially repeated by Schedule 9 of that Act; and section 9 was amended by the New Roads and Street Works Act 1991, Schedule 8, paragraph 23.

(2)

1972 c. 52; section 201(2) was amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Schedule 2, paragraph 27(1)(a).

(3)

See section 11 for the classification of a road as a principal road.