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Statutory Instruments

1994 No. 2488 (S.118)

ROADS AND BRIDGES, SCOTLAND

The Roads (Traffic Calming) (Scotland) Regulations 1994

Made

20th September 1994

Laid before Parliament

10th October 1994

Coming into force

31st October 1994

The Secretary of State, in exercise of the powers conferred on him by sections 39B and 143(1)(a) of the Roads (Scotland) Act 1984(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Roads (Traffic Calming) (Scotland) Regulations 1994 and shall come into force on 31st October 1994.

Interpretation

2.  In these Regulations—

“build-out” means a work for narrowing a carriageway constructed on one side of the carriageway as an extension of, or adjacent to, the verge, footway or cycle track;

“chicane” means a series of two or more build-outs constructed on alternate sides of a carriageway and not opposite one another;

“island” means a work without facilities for pedestrians constructed in a carriageway to reduce carriageway width or to deflect the flow of vehicular traffic;

“overrun area” means an area of carriageway so constructed of textured or coloured material as to appear to narrow that carriageway;

“pinch-point” means build-outs constructed on both sides of a carriageway opposite one another;

“rumble device” means a part of a carriageway constructed of materials intended to generate noise or vibration in a vehicle passing over it;

“traffic sign” has the same meaning as in section 64(1) of the Road Traffic Regulation Act 1984(2).

Description of traffic calming works

3.—(1) Subject to regulation 8 below—

(a)for the purposes of section 39A of the Roads (Scotland) Act 1984(3) a roads authority may, in a road maintainable by them, construct the following traffic calming works:—

(i)build-outs;

(ii)chicanes;

(iii)islands;

(iv)overrun areas;

(v)pinch-points;

(vi)rumble devices;

(vii)any combination of the foregoing; and

(viii)any combination of the works specified in sub-paragraphs (i) to (vi) above with works which a roads authority have power to execute otherwise than by virtue of these Regulations;

(b)for any of the purposes referred to in paragraph (2) below, traffic calming works may include, either on the works themselves or on the adjacent road, provision of—

(i)lighting;

(ii)paving, grass or other covering;

(iii)pillars, bollards, planters, walls, rails or fences;

(iv)objects or structures spanning the road concerned;

(v)trees, shrubs or other plants whether in planters or not; and

(vi)any combination of the foregoing.

(2) The purposes referred to in paragraph (1)(b) above are—

(a)promoting the safety of persons using the road concerned;

(b)preserving or improving the environment through which the road concerned runs;

(c)making the traffic calming works conspicuous;

(d)enhancing the intended effect of the traffic calming works; and

(e)any combination of the foregoing.

Consultation in respect of proposed traffic calming works

4.  Where a roads authority propose to construct traffic calming works they shall consult—

(a)the chief officer of police for the area in which the road concerned is situated;

(b)the district council in whose district the road concerned is situated;

(c)the fire authority in whose area the road concerned is situated;

(d)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

(e)such persons or organisations representing persons who use the road concerned or who are otherwise likely to be affected by the traffic calming works, as the roads authority think fit.

Restriction on the construction of overrun areas

5.  No overrun area shall be constructed in a road unless it complies with one of the sets of specifications in the Schedule to these Regulations, so, however, that a measurement shall be deemed to comply if it is—

(a)in the case of a vertical measurement, no more than 5 per cent or 1 millimetre, whichever is the greater;

(b)in the case of an angular measurement, no more than 5 per cent or 1 degree, whichever is the greater;

more than the corresponding measurement shown in the specification.

Restriction on the construction of rumble devices

6.  Where a rumble device is constructed in a road—

(a)no vertical face of any material forming that device shall exceed 6 millimetres measured vertically from top to bottom of that face; and

(b)no part of the device shall be more than 20 millimetres above the surface of the carriageway;

provided that a measurement shall be deemed to comply if it is no more than 5 per cent or 1 millimetre, whichever is the greater, more than the corresponding measurement in this regulation.

Placing of traffic signs

7.  Where a build-out, chicane, island, pinch-point, rumble device or any combination thereof is constructed in a road, the roads authority for that road shall place and maintain traffic signs in such positions as are requisite for the purpose of providing adequate warning of the presence of such traffic calming works, unless those works are—

(a)so constructed as themselves to provide adequate visual warning for persons using the road concerned; or

(b)constructed on a road the speed limit on which is 20 miles per hour or less.

Prohibition of certain traffic calming works

8.  No traffic calming works shall be constructed on a carriageway so as to prevent the passage of any vehicle except where the passage of that vehicle is otherwise lawfully prohibited.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

20th September 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the traffic calming works which a roads authority may construct in a road maintained by them.

Regulation 2 deals with interpretation. Regulation 3 describes the traffic calming works which a roads authority may construct. Regulation 4 contains provisions for consultation in respect of proposed traffic calming works. Regulation 5 contains, by reference to the Schedule, detailed provision in relation to the dimensions of overrun areas and regulation 6 places restrictions on the dimensions of rumble devices. Regulation 7 requires the placing of traffic signs as warning of traffic calming works except in certain circumstances and regulation 8 prohibits traffic calming works if they would prevent the passage of vehicles except where such vehicles are otherwise lawfully prohibited.

(1)

1984 c. 54; section 39B was inserted by the Traffic Calming Act 1992 (c. 30), Schedule 2.

(3)

Section 39A was inserted by the Traffic Calming Act 1992, Schedule 2.

(5)

S.I. 1974/467, amended by S.I. 1991/900.