2005 No. 1670
ROAD TRAFFIC
The Traffic Signs (Amendment) Regulations and General Directions 2005
Made 18th June 2005
Laid before Parliament 27th June 2005
Coming into force 27th July 2005

The Secretary of State for Transport—
(a) in exercise of the powers conferred by section 64(1), (2) and (3) of the Road Traffic Regulation Act 1984, and after consultation with representative bodies in accordance with section 134(2) of that Act, hereby makes the Regulations contained in Part 1 of this Instrument; and
1984 c. 27. Amendments relating to the exercise of powers under section 64 were made by S.I.1999/672, 1750 and 3143.
(b) in exercise of the powers conferred by section 65(1) of the Road Traffic Regulation Act 1984 hereby gives the General Directions contained in Part 2.

PART 1 THE TRAFFIC SIGNS (AMENDMENT) REGULATIONS 2005

1 Citation and commencement
These Regulations—
(a) may be cited as the Traffic Signs (Amendment) Regulations 2005;
(b) together with the General Directions contained in Part 2 of this Instrument, may be cited as the Traffic Signs (Amendment) Regulations and General Directions 2005; and
(c) shall come into force on 27th July 2005.

2 Preliminary
The Traffic Signs Regulations 2002 (in these Regulations called “the Principal Regulations”) shall be amended as follows.
Part I of S.I.2002/3113, to which there are amendments not relevant to these Regulations.

3 Interpretation of the Principal Regulations
In regulation 4—
(a) after the definition of “goods vehicle” there shall be inserted—

““hard shoulder”, in relation to a motorway in England or Wales, has the meaning given by regulation 3(1)(e) of the Motorways (England and Wales) Regulations and, in relation to a motorway in Scotland, regulation 2(1) of the Motorways (Scotland) Regulations and “actively managed hard shoulder” means a hard shoulder along which, by virtue of regulations under section 17(2) and (3) of the Road Traffic Regulation Act 1984, vehicular traffic may be driven at times for the time being indicated by traffic signs in accordance with those regulations;”

; and
Section 17(2) of the Road Traffic Regulation Act 1984 was amended by the New Roads and Street Works Act 1991 (c. 22) Schedule 8, paragraph 28(3) and by the Road Traffic Act 1991 (c. 40) Schedule 4, paragraph 25 and Schedule 8.
(b) after the definition of “motorway” there shall be inserted—

““Motorways (England and Wales) Regulations” means the Motorways Traffic (England and Wales) Regulations 1982 and “Motorways (Scotland) Regulations” means the Motorways Traffic (Scotland) Regulations 1995;”

.
S.I.1982/1163, to which there are amendments not relevant to these Regulations.
S.I.1995/2507, to which there are amendments not relevant to these Regulations.

4 Illumination of road markings
In regulation 31(7) for sub-paragraph (a) there shall be substituted—

“(a) red light—
(i) when placed in conjunction with the marking shown in diagram 1041, 1041.1, 1042 or 1042.1 to indicate the off side (as viewed in the direction of travel) edge of the carriageway of any road;
(ii) when placed in conjunction with a road marking to indicate the near side (as viewed in the direction of travel) edge of the carriageway of any road, except a motorway alongside which there is an actively managed hard shoulder; or
(iii) when placed in conjunction with the marking shown in diagram 1012.1 to indicate the boundary between the carriageway of a motorway and an actively managed hard shoulder;”

.

5 Significance of light signals prescribed by regulation 37(1)
The following regulation shall be substituted for regulation 38—

“38 1 The significance of the light signals prescribed by regulation 37(1) shall be as follows.
2 The signals shown in diagram 6032.1 shall convey the prohibition that vehicular traffic (other than vehicles being used in the circumstances described in regulation 36(1)(b)) on the carriageway beside which the signals are mounted shall not proceed beyond the signals.
3 When displayed over the carriageway of a road, the signals shown in diagram 6031.1 shall convey the prohibition that vehicular traffic (other than vehicles being used in the circumstances described in regulation 36(1)(b)) proceeding in the traffic lane immediately below the signals shall not proceed beyond them in that lane.
4 When displayed over an actively managed hard shoulder, the signals shown in diagram 6031.1 shall convey the prohibition that vehicular traffic (other than vehicles being used in the circumstances described in regulation 36(1)(b)) shall not enter the hard shoulder beyond the signals for any purpose.”

6 Light signals for lane control of vehicular traffic
1 Regulation 44(4) shall be amended as follows.
2 In sub-paragraph (a) before “the red cross” there shall be inserted “except when placed above an actively managed hard shoulder,”.
3 After sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa) when placed over an actively managed hard shoulder the red cross shall convey to vehicular traffic that the restrictions on the use of the hard shoulder imposed by regulation 9 of the Motorways (England and Wales) Regulations or regulation 8 of the Motorways (Scotland) Regulations for the time being apply to the hard shoulder, until those restrictions are—
(i) cancelled by the display over the actively managed hard shoulder of the sign shown in diagram 670 by means of a variable message sign; or
(ii) superseded by the display over the actively managed hard shoulder of the sign shown in diagram 6031.1;”

.

7 Matrix signs for motorways and all purpose dual carriageway roads
In regulation 46(5)—
(a) after “a traffic lane of the carriageway” there shall be inserted “or an actively managed hard shoulder”; and
(b) after “the traffic lane” there shall be inserted “or actively managed hard shoulder”.

8 Variable message signs
1 Regulation 58 shall be amended as follows.
2 In paragraph (4) after “symbol” there shall be inserted “displayed”.
3 After paragraph (6) there shall be inserted the following paragraph—

“6A Where a variable message sign displays the sign shown in diagram 670 by means of light emitting characters and symbols, the diameter of the sign may be varied to 1,300 millimetres.”

9 Amendment of Schedules
1 The diagram shown in Part 1 of the Schedule to these Regulations shall be substituted for diagram 670 in Schedule 2 to the Principal Regulations.
2 The diagrams shown in Part 2 of the Schedule to these Regulations shall be substituted for diagrams 1010, 1012.1, 1012.2 and 1012.3 in Schedule 6 to the Principal Regulations.
3 The diagram shown in Part 3 of the Schedule to these Regulations shall be substituted for diagrams 5003 and 5003.1 in Part I of Schedule 10 to the Principal Regulations.
4 The diagram shown in Part 4 of the Schedule to these Regulations shall be substituted for diagram 6002 in Part I of Schedule 11 to the Principal Regulations.
5 The diagrams shown in Part 5 of the Schedule to these Regulations shall be substituted for diagrams 6031.1 and 6032.2 in Part II of Schedule 11 to the Principal Regulations.
Signed by authority of the Secretary of State
S. J. Ladyman Minister of State, Department for Transport 18th June 2005
SCHEDULE
Regulation 9

PART 1 DIAGRAM TO BE SUBSTITUTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS
SCHEDULE

PART 2 DIAGRAMS TO BE SUBSTITUTED IN SCHEDULE 6 TO THE PRINCIPAL REGULATIONS
SCHEDULE

PART 2 DIAGRAMS TO BE SUBSTITUTED IN SCHEDULE 6 TO THE PRINCIPAL REGULATIONS (cont'd)
SCHEDULE

PART 2 DIAGRAMS TO BE SUBSTITUTED IN SCHEDULE 6 TO THE PRINCIPAL REGULATIONS (cont'd)
SCHEDULE

PART 2 DIAGRAMS TO BE SUBSTITUTED IN SCHEDULE 6 TO THE PRINCIPAL REGULATIONS (cont'd)
SCHEDULE

PART 3 DIAGRAMS TO BE SUBSTITUTED IN PART 1 OF SCHEDULE 10 TO THE PRINCIPAL REGULATIONS
SCHEDULE

PART 4 DIAGRAM TO BE SUBSTITUTED IN PART 1 OF SCHEDULE 11 TO THE PRINCIPAL REGULATIONS
SCHEDULE

PART 5 DIAGRAMS TO BE SUBSTITUTED IN PART 11 SCHEDULE 11 TO THE PRINCIPAL REGULATIONS
SCHEDULE

PART 5 DIAGRAMS TO BE SUBSTITUTED IN PART 11 SCHEDULE 11 TO THE PRINCIPAL REGULATIONS

PART 2 THE TRAFFIC SIGNS (AMENDMENT) GENERAL DIRECTIONS 2005

1 Citation and commencement
These General Directions—
(a) may be cited as the Traffic Signs (Amendment) General Directions 2005;
(b) together with the Regulations contained in Part 1 of this Instrument, may be cited as the Traffic Signs (Amendment) Regulations and General Directions 2005; and
(c) shall come into force on 27th July 2005.

2 Preliminary
The Traffic Signs General Directions 2002 shall be further amended as follows.
Part II of S.I.2002/3113, to which there are amendments not relevant to these General Directions.

3 Interpretation
In direction 3(2) after ““equestrian crossing;”” there shall be inserted ““hard shoulder” and “actively managed hard shoulder;””.

4 Signs used in conjunction with actively managed hard shoulders
After direction 55 there shall be inserted the following direction—

“55A Signs used in conjunction with actively managed hard shoulders
1 The sign shown in diagram 5003 or 5003.1 may be displayed above an actively managed hard shoulder to convey the prohibition specified in regulation 44(4)(aa) only whilst variable message signs displaying the sign shown in diagram 670 or 671 are displayed above so much (if any) of the adjacent carriageway as is open to traffic.
2 The sign shown in diagram 6002 may be displayed over an actively managed hard shoulder only whilst variable message signs displaying the sign shown in diagram 670 are displayed above so much of the adjacent carriageway as is open to traffic.
3 The sign shown in diagram 6031.1 may be displayed over an actively managed hard shoulder to convey the prohibition specified in regulation 38(4) only whilst variable message signs displaying the sign shown in diagram 670 are displayed above so much (if any) of the adjacent carriageway as is open to traffic.”

Signed by authority of the Secretary of State
S. J. Ladyman Minister of State, Department for Transport 18th June 2005

(This note is not part of the Instrument)
This Instrument amends the Traffic Signs Regulations and General Directions 2002 so as to enable certain traffic signs to be used to convey information, requirements, prohibitions or restrictions applying to an actively managed hard shoulder of a motorway.
Part 1 consists of the Traffic Signs (Amendment) Regulations 2005. Regulation 3 amends regulation 4 of the Traffic Signs Regulations 2002 (“the Principal Regulations”) by inserting definitions of the expressions “hard shoulder” and “actively managed hard shoulder” and “Motorways (England and Wales) Regulations” and “Motorways (Scotland) Regulations”.
Regulation 4 amends regulation 31 so as to allow studs to be illuminated with red light when placed in conjunction with the marking shown in diagram 1012.1 to indicate the boundary between the carriageway of a motorway and an actively managed hard shoulder. Regulations 5 and 6 amend regulations 38 and 44 of the Principal Regulations so as to prescribe the indications given by the sign in diagram 6031.1 when displayed over an actively managed hard shoulder and regulation 7 makes consequential amendments to regulation 46. Regulation 8 amends regulation 58 of the Principal Regulations so as to permit the sign shown in diagram 670 (maximum permitted speed) to have a diameter of 1,300 millimetres when displayed on a variable message sign by means of light emitting characters. Regulation 9 and the Schedule to these Regulations substitute new diagrams for diagrams shown in the Principal Regulations. The differences are restricted to the captions or the untitled tables.
Part 2 of this Instrument consists of the Traffic Signs (Amendment) General Directions 2005, which amend the Traffic Signs General Directions 2002 (“the Principal Directions”). Direction 3 amends direction 3 of the Principal Directions so as to import into them the new definitions of “hard shoulder” and “actively managed hard shoulder” in the Principal Regulations. Direction 4 inserts a new direction 55A into the Principal Directions so as to restrict the display of the signs in diagrams 5003, 5003.1, 6002 or 6031.1 over an actively managed hard shoulder to cases where a speed limit is displayed on a variable message sign above the adjacent motorway carriageway.
These Regulations were notified in draft to the European Commission in accordance with Directive 98/34 EC as amended by Directive 98/48/EC. Copies of the Directives can be obtained from the Stationery Office.
A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the M42 Active Traffic Management Pilot Team, C6, Broadway, Broad Street, Birmingham, B15 1BL. A copy has been placed in the library of each House of Parliament.