The M1 Motorway (Junctions 28 to 35a) (Variable Speed Limits) Regulations 2015

Statutory Instruments

2015 No. 1701

Road Traffic

Special Roads

The M1 Motorway (Junctions 28 to 35a) (Variable Speed Limits) Regulations 2015

Made

18th September 2015

Laid before Parliament

25th September 2015

Coming into force

20th October 2015

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 17(2) and (3) of the Road Traffic Regulation Act 1984(1).

Representative organisations have been consulted in accordance with section 134(2) of that Act.

Citation and commencement

1.  These Regulations may be cited as the M1 Motorway (Junctions 28 to 35a) (Variable Speed Limits) Regulations 2015 and come into force on 20th October 2015.

Interpretation

2.  In these Regulations—

“the 1982 Regulations” means the Motorways Traffic (England and Wales) Regulations 1982(2);

“the 2002 Regulations” means the Traffic Signs Regulations and General Directions 2002(3); and

“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations.

Variable speed limits

3.—(1) No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.

(2) A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if—

(a) the road is specified in the Schedule;

(b) the vehicle has passed a speed limit sign; and

(c) the vehicle has not subsequently passed—

(i) another speed limit sign indicating a different speed limit; or

(ii) a traffic sign which indicates that the national speed limit is in force.

(3) In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.

(4) For the purposes of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.

(5) In this regulation—

“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in Schedule 2 to the 2002 Regulations which is—

(a)

placed on or near a road; and

(b)

directed at traffic on the carriageway on which the vehicle is being driven;

“road” includes the adjacent hard shoulder and verge;

“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is—

(a)

situated on or near any part of a road specified in the Schedule; and

(b)

directed at traffic on the carriageway on which the vehicle is being driven.

Signed by authority of the Secretary of State for Transport

Robert Goodwill

Parliamentary Under Secretary of State

Department for Transport

18th September 2015

Regulation 3(2)(a)

SCHEDULE SPECIFIED ROADS

1.  The specified roads are—

(a) that length of the northbound carriageway of the M1 beginning at junction 28 at a point which is 28 metres after marker post 217/5 and ending at junction 35a at the southern edge of the bridge carrying the A616 Stocksbridge bypass;

(b) the carriageways of the northbound on-slip roads and off-slip roads at junctions 28, 29, 29a, 30, 31, 33, 34, 35 and 35a and the carriageways of the on-slip roads and off-slip roads of the motorway service areas along the length specified in sub-paragraph (a);

(c) that length of the southbound carriageway of the M1 beginning at junction 35a at a point which is 100 metres north of the northern edge of the bridge carrying the A616 Stocksbridge bypass and ending at junction 28 at a point which is 64 metres after marker post 217/6;

(d) the carriageways of the southbound on-slip roads and off-slip roads at junctions 28, 29, 29a, 30, 31, 33, 34, 35 and 35a and the carriageways of the on-slip roads and off-slip roads of the motorway service areas along the length specified in sub-paragraph (c);

(e) the northbound and southbound linking carriageways between the M18 and the M1 at junction 32.

2.  Any reference in this Schedule to—

(a) the letter “M” followed by a number is a reference to the motorway known by that name;

(b) the letter “A” followed by a number is a reference to the road known by that name; and

(c) a junction followed by a number is a reference to the junction of the M1 of that number.

3.  In this Schedule—

“on-slip road” means a slip road intended for the use of traffic entering the M1; and

“off-slip road” means a slip road intended for the use of traffic exiting the M1.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations introduce variable speed limits to the M1 Motorway from junctions 28 to 35a and on associated slip roads and linking carriageways.

Regulation 3 provides for variable speed limits to have effect on the roads specified in the Schedule. 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 a 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 ten seconds before a vehicle passes the sign and the sign had indicated a higher speed limit, the regulation allows a 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 ten seconds previously it was either giving no indication of a speed limit or that the national speed limit applies, the sign is to be taken as giving no indication of a speed limit to the vehicle passing it.

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

An impact assessment has not been prepared for these Regulations as no impact on the costs of business or the voluntary sector is foreseen. An Explanatory Memorandum is published alongside these Regulations at www.legislation.gov.uk.

(1)

1984. c.27. Section 17(2) was amended by the New Roads and Street Works Act 1991 (c.22), Schedule 8, Part 2, Paragraph 28(3); section 17(2)(b) was amended by the Road Traffic Act 1991 (c.40), Schedule 8; section 17(2)(d) was inserted by the Road Traffic Act 1991 (c.40), Schedule 4, paragraph 25. There are other amendments to sections 17 and 134 which are not relevant to these Regulations.

(2)

S.I. 1982/1163, as amended by S.I. 1984/1479, 1992/1364, 2004/3258 and 2015/392. There are other amending instruments but none is relevant.

(3)

S.I. 2002/3113, as amended by S.I. 2005/1670. There are other amending instruments but none is relevant.