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PART IVCYCLEWAY AND FOOTWAY

Use of cycleway and footway

14.—(1) In this regulation “authorised traffic”, in relation to the cycleway, means traffic of classes VII, X and XI (as specified in Schedule 4 to the Highways Act 1980(1)) and, in relation to the footway, means traffic of class IX (as specified in that Schedule) and “excluded traffic” in relation to either the cycleway or the footway means traffic which is not authorised traffic.

(2) Except as a result of an accident or in an emergency, no authorised traffic shall enter or leave the cycleway or the footway otherwise than by means of the junctions of the cycleway and footway with other highways including, in the case of the footway, the footbridge which joins the footway and crosses the existing toll plaza area above the toll-booths.

(3) No person shall loiter or remain on any part of the cycleway or the footway or in or on any vehicle for the time being using either of them, after having been directed by a constable in uniform to depart or, as the case may be, to remove the vehicle therefrom.

(4) Excluded traffic is authorised to use the cycleway or the footway (as the case may be)—

(a)for the maintenance, repair, cleaning, clearance, alteration or improvement of, or for the removal of any vehicle from, any part of the specified roads or the cycleway or footway, or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any such part;

(b)when it is necessary for such traffic to do so in order to avoid or prevent an accident, or to obtain or give help required as a result of an accident or emergency (including the presence of a vehicle at rest on the specified roads, the cycleway or the footway by reason of the circumstances specified in sub-paragraphs (a) to (c) of regulation 11(2));

(c)in accordance with any permission given by a constable and for the purpose of investigating any accident which has occurred on the specified roads or on or near the cycleway or the footway;

(d)in the course of the exercise of the duty of a constable or a member of a fire brigade or of an ambulance service; or

(e)where it is necessary for such traffic to do so in connection with any inspection, survey, investigation or census which relates to the existing bridge or existing toll plaza area and which is carried out in accordance with any general or special authority granted by the Secretary of State.

(5) Without prejudice to the foregoing provisions of this regulation, the Secretary of State may authorise the use of the cycleway or the footway by excluded traffic on occasion or in an emergency.

(6) Nothing in this regulation shall authorise the use of the cycleway or the footway by any vehicle having a gross weight exceeding 3 tonnes or, in relation to any wheel of the vehicle, a wheel weight exceeding 1 tonne.

(7) In paragraph (6), “gross weight” has the meaning given by regulation 3(2) of the Motor Vehicles (Construction and Use) Regulations 1986(2) and “wheel weight” means the weight transmitted by a wheel of a vehicle to the existing bridge.

(2)

S.I. 1986/1078, to which there are amendments not relevant to these Regulations.