These Regulations introduce variable speed limits to the M4 Motorway from junctions 19 to 20 and the M5 Motorway from junctions 15 to 17 and on associated slip roads and linking carriageways.

The Regulations also modify the way that the Motorways Traffic (England and Wales) Regulations 1982 (“the 1982 Regulations”) apply to the carriageways of the M4 Motorway from junctions 19 to 20 and the M5 Motorway from junctions 15 to 17 and create the concept of an ‘actively managed hard shoulder’, which is a hard shoulder which, in certain circumstances, may be driven on.

Regulation 3 provides for the 1982 Regulations to apply as if a new regulation 5A were inserted, which provides that the hard shoulder of a relevant road may be used as a carriageway where a speed limit sign is displayed above the hard shoulder.

Regulation 3 also provides for the 1982 Regulations to apply as if the concept of the ‘emergency refuge area’ were introduced. Where a hard shoulder is actively managed, this emergency refuge area has the same function as a hard shoulder.

Regulation 4 provides for variable speed limits to have effect on the roads specified in Schedule 2. Where variable speed limit signs are in operation a vehicle may not be driven at a speed above the maximum indicated by each speed limit sign passed by the vehicle until it passes a sign indicating that the national speed limit applies or the vehicle leaves the roads covered by the regulation. Where a speed limit changes less than 10 seconds before a vehicle passes the sign and the sign had indicated a higher speed limit, the regulation allows the driver to proceed at a speed up to the maximum applicable before the change. Where the speed limit sign indicates a speed limit when it is passed by a vehicle but less than 10 seconds previously it was either giving no indication of a speed limit or that the national speed limit applied, the sign is to be taken as giving no indication of a speed limit to the vehicle passing it.

Contravention of the Regulations is an offence under section 17(4) of the Road Traffic Regulation Act 1984.

A copy of the impact assessment prepared in respect of the Regulations can be obtained from the M4/M5 Managed Motorways Team, The Cube, 199 Wharfside Street, Birmingham, B1 1RN. A copy has been placed in the library of each House of Parliament and is available alongside the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.