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STATUTORY INSTRUMENTS


2005 No. 1671

ROAD TRAFFIC

SPECIAL ROADS

The M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005

  Made 18th June 2005 
  Laid before Parliament 27th June 2005 
  Coming into force 27th July 2005 

The Secretary of State for Transport, in exercise of the powers conferred by section 17(2) and (3) of the Road Traffic Regulation Act 1984[1] and after consultation with representative organisations in accordance with section 134(2) of that Act, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005 and shall come into force on 27th July 2005.

Interpretation
    
2. In these Regulations—

Modification of the 1982 Regulations in relation to relevant roads
     3. —(1) In relation to the relevant roads, the 1982 Regulations shall have effect subject to the following modifications.

    (2) In regulation 3(1)—

    (3) For regulation 4 substitute—

    (4) After regulation 5 insert—

    (5) At the end of regulation 7(2) after "carriageway" insert "or on any emergency refuge area which is contiguous to that carriageway or hard shoulder".

    (6) In regulations 7(3)(a) and (b), 9 and 14(b)(i), after "hard shoulder" (in each place), add "or emergency refuge area".

    (7) In regulation 12(2), after "three or more traffic lanes" add "(including the actively managed hard shoulder when it is in use as a lane of the carriageway in accordance with regulation 5A)."

Speed limits on relevant roads
    
4. —(1) Subject to paragraph (3) where a motor vehicle being driven on any part of the relevant roads passes a speed limit sign no person shall during the relevant period, drive the vehicle on any part of the relevant roads at a speed exceeding the relevant speed.

    (2) For the purposes of this regulation, a vehicle shall not be regarded as passing a speed limit sign unless the sign is—

    (3) If—

the vehicle shall not be subject to any speed limit by virtue of this regulation until that vehicle again passes a speed limit sign.

    (4) In this regulation—



Signed by authority of the Secretary of State for Transport


S. J. Ladyman
Minister for State, Department for Transport

18th June 2005



SCHEDULE
Regulation 2


RELEVANT ROADS


     1. The relevant roads are the—

     2. Any reference in this Schedule to—

     3. In this Schedule—

     4. The relevant northbound slip roads are the:

     5. The relevant southbound slip roads are the:



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations modify the Motorways Traffic (England and Wales) Regulations 1982 ("the 1982 Regulations"), in respect of the M42 Motorway, Junctions 3A to 7 and the adjoining slip roads ("the relevant roads"). On the relevant roads, the Regulations introduce variable speed limits and create the concept of an `actively managed hard shoulder', which is a section of hard shoulder which may, in certain circumstances, be driven on.

Regulation 3 inserts a new regulation 5A into the 1982 Regulations, which provides that certain stretches of the hard shoulder of a relevant road may be used as a carriageway. These stretches (described as "relevant lengths")—

Regulation 3 also introduces into the 1982 Regulations the concept of the `emergency refuge area', which has the same function as a hard shoulder and can be used in the circumstances set out in regulation 7(2) of the 1982 Regulations.

Regulation 4 introduces variable speed limits in relation to the relevant roads. Vehicles may not be driven at a speed above the maximum indicated by a traffic sign until they pass a sign indicating that the restriction ceases to apply or that another speed limit applies or until the vehicle ceases to be on a relevant road. Where a speed limit changes less than 10 seconds before a vehicle passes the sign, this regulation allows a driver to proceed at a speed up to the maximum applicable before the change, and to continue to do so until he passes another speed limit sign.

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.


Notes:

[1] 1984 c. 27. Section 17 was amended by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 28 and Schedule 9 and by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 25 and Schedule 8.back

[2] S.I. 1982/1163; relevant amending instruments are S.I. 1984/1479, 1992/1364.back

[3] Part I of S.I. 2002/3113; relevant amending instrument is S.I. 2005/1670.back



ISBN 0 11 073003 8


 © Crown copyright 2005

Prepared 29 June 2005


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