The Severn Bridge Regulations 1993

PART III TRAFFIC REGULATION

Application of Motorways Regulations

10.—(1) The Motorways Regulations shall have effect in relation to the specified roads subject to the modifications set out in the Schedule to these Regulations.

(2) Any prohibition or restriction imposed by regulations 11 and 12 of these Regulations may be relaxed by the persons and in the circumstances mentioned in paragraph (3) of regulation 15 and in regulation 16 of the Motorways Regulations as if it were a prohibition or restriction imposed by those Regulations.

Restrictions on stopping

11.—(1) Except as provided by these Regulations, no person shall cause a vehicle to stop or remain at rest anywhere on the specified roads unless either—

(a) it is necessary to do so for a reason specified in paragraph (2), or

(b) the vehicle cannot proceed because of the presence of another vehicle or of any person or object.

(2) Where it is necessary for a vehicle being driven on the specified roads to be stopped—

(a) by reason of a breakdown of the vehicle,

(b) by reason of an accident, illness or other emergency,

(c) to permit any person carried by the vehicle to recover or remove any object which has fallen on the specified roads, or

(d) to permit any person carried by the vehicle to help another person in any of the circumstances mentioned in (a), (b) or (c) above,

the person in charge of the vehicle shall, so far as reasonably practicable, drive or move it so that as much as possible of the vehicle (including its load, if any) is on or over the hard strip and as little as possible of it is in or over the adjacent traffic lane and that it is so positioned as to cause the minimum possible obstruction or danger to other vehicles; and the vehicle may remain at rest for no longer than is necessary in the circumstances, including in the case of a broken down vehicle the time required for compliance with paragraph (4) and the taking of steps under regulation 12.

(3) No person shall drive or move a vehicle or cause it to stop or remain at rest on or over any hard strip unless it is necessary to do so for a reason specified in paragraph (2).

(4) The person in charge of a vehicle at rest on the specified roads by reason of a breakdown shall, after taking any requisite action to comply with paragraph (2), unless it is not reasonably practicable to do so, forthwith report or cause another person to report the breakdown to a constable or an appointed person by means of an emergency telephone, stating the circumstances of the breakdown and the position of the vehicle and its registration mark and giving a description of the vehicle.

(5) In paragraph (4) “emergency telephone” means a telephone installed in a box and indicated by a traffic sign shown in diagrams 912, 913.2 and 913.3 of Schedule 1 to the Traffic Signs Regulations 1981(1).

(6) Nothing in the provisions of this regulation shall preclude any person from using the specified roads otherwise than in accordance with those provisions in any of the circumstances mentioned in regulation 16(1) of the Motorways Regulations, but if a vehicle so used suffers a breakdown the person in charge of that vehicle shall comply with paragraphs (2) and (4).

Prevention of obstruction

12.—(1) In this regulation a “stationary vehicle” means a vehicle which is at rest on the specified roads either in contravention of these Regulations or where—

(a) the vehicle has suffered a breakdown (in this regulation referred to as a “broken down vehicle”),

(b) no person is for the time being in charge of it, or

(c) the person in charge of it is not on it or in it.

(2) A constable or an appointed person may remove a stationary vehicle from the specified roads either—

(a) to a hard shoulder (as defined by regulation 3(1)(e) of the Motorways Regulations) beyond the limits of the specified roads where the vehicle can be allowed to remain at rest in accordance with regulation 7(1) of the Motorways Regulations; or

(b) in a case falling within sub-paragraph (b) or (c) of paragraph (1) to the Severn River Crossing dedicated vehicle compound at Aust,

and no person shall obstruct or attempt to obstruct any action taken by a constable or appointed person for the purposes of this paragraph.

(3) No person other than a constable or an appointed person shall or shall attempt—

(a) except with permission expressly given by a constable or an appointed person, to repair, refuel, change the tyre or wheel of or otherwise adjust or,

(b) except for the purpose of complying with paragraph (2) of regulation 11, to movea broken down vehicle on the specified roads.

(4) An appointed person shall not, and shall not attempt to, repair, refuel or adjust a broken down vehicle except at the request of the person in charge of the vehicle and only if, in the opinion of the appointed person, by his doing so it is likely that the vehicle will be removed from the specified roads sooner than would otherwise be possible.

(5) Where the power to levy tolls is for the time being exercisable by him, the concessionaire, or otherwise the Secretary of State, shall be entitled to make a charge assessed in accordance with paragraph (6) where a stationary vehicle is removed from, or (instead of being removed) is, at the request of the person in charge of it, repaired, refuelled or adjusted whilst on, the specified roads by an appointed person under paragraph (2) or (4) and the person in charge of the vehicle (if any) and the registered keeper shall be jointly and severally liable to pay to the concessionaire or to the Secretary of State, as the case may be, a charge of an amount determined in accordance with paragraph (6).

(6) A charge payable under paragraph (5) shall be assessed according to the time taken to effect the removal, repair or adjustment and shall be—

(a) in relation to category 3 vehicles within the meaning of sub-section (1) of section 8 of the 1992 Act at the rate of £60 for the first half hour or part thereof and £30 for each quarter hour or part thereof after the first half hour; and

(b) in relation to any other vehicle at the rate of £25 for the first half hour or part thereof and £12.50 for each quarter hour or part thereof after the first half hour.

(7) For the purposes of paragraph (6) the time taken to effect the removal, repair, refuelling or adjustment of a broken down vehicle shall be reckoned as beginning, in a case where a breakdown vehicle is despatched to the broken down vehicle, with the despatch of that breakdown vehicle and, in any other case, with the time when the appointed person begins to remove, repair or adjust the broken down vehicle and, in either case, as ending when the removal is completed in accordance with paragraph (2) or, where the vehicle is repaired, refuelled or adjusted so that it is able to proceed under its own power, on completion of the repair, refuelling or adjustment.

(8) In relation to a defence vehicle—

(a) paragraph (3) shall not apply; and

(b) the power given by paragraph (2) shall not be exercised while the driver is carrying out any repair or adjustment, unless it appears to a constable that it is necessary or expedient for him or an appointed person to remove the vehicle in order to prevent an obstruction of the specified roads.

(9) For regulation 7 of the Removal and Disposal of Vehicles Regulations(2) there is substituted:—

“Exception for Severn Bridge

7.   Regulations 3, 4, 4A and 5 of these Regulations shall not apply in relation to any vehicle while it is on the specified roads as defined by regulation 3 of the Severn Bridge Regulations 1993.”

Prohibition of use of roads

13.—(1) An appointed person may—

(a) as respects a particular vehicle, by oral instructions given by him to the driver, or

(b) as respects vehicles of any particular description, by the display of an appropriate notice on or near the roads carried by the existing bridge and within the existing toll plaza area,

prohibit the use of those roads by that vehicle or by vehicles of that description, either generally or unless such requirements as the appointed person may specify are complied with, if it appears to the appointed person that, having regard to any circumstances (including without prejudice to the generality of this paragraph weather conditions) prevailing or appearing to him likely to prevail, such use or, as the case may be, such use without the specified requirements being complied with is likely to be dangerous, unsafe or to cause injury or damage to persons or property or to delay other traffic.

(2) Where under paragraph (1) the use of the road carried by the existing bridge and the road within the existing toll plaza area by a particular vehicle or by vehicles of a particular description is prohibited, whether generally or unless specified requirements are complied with, no person shall cause or permit the vehicle or a vehicle of that description to be driven on those roads or, as the case may be, to be driven on those roads without the specified requirements being complied with, until he has been informed orally by an appointed person in uniform or by the display of a notice that the prohibition has been lifted.

(1)

S.I. 1981/859, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1986/183, amended by S.I. 1993/278.