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The Road Works (Scottish Road Works Register, Notices, Directions and Designations) (Scotland) Regulations 2008

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Designation of roads as traffic-sensitive

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12.—(1) In any case where a road works authority have not by agreement with a majority of statutory undertakers having apparatus in the road, or a reasonable likelihood of having apparatus in the road, designated the road as a traffic sensitive road, the road works authority shall not designate the road as a traffic sensitive road unless one or more of the following criteria apply–

(a)the road is one on which at any time the road works authority estimate the traffic flow to be greater than that shown in the table below and on both sides of which the parking of vehicles is prohibited or restricted on the relevant day by an order under section 1 (traffic regulation orders outside Greater London) or 9 (experimental traffic orders) of the Road Traffic Regulation Act 1984(1) for at least one hour between 7.30 am and 9.30 am and for at least one hour between 3.30 pm and 7.00 pm (whether or not the parking of vehicles is prohibited or restricted on the road at any other hours) or on which parking does not normally take place on either side during these hours;

TABLE

Traffic flows (vehicles per hour)

Width of carriageway<10.25m10.25–13.25m>13.25m
Single carriageway1050 (2-way)1320 (1-way)3330 (2-way)
Dual carriageway/one-way street1390 (1-way)2770 (1-way)4090 (1-way)
  • The traffic flow figures used in this table assume a traffic mix containing up to 12 per cent of buses or heavy goods vehicles or both. If, in the case of any road, the number of buses or heavy goods vehicles or both counted exceeds that percentage of the total number of vehicles counted, a conversion factor of 2 may be applied to the number of buses or heavy goods vehicles or both in excess of such percentage;

(b)the road is–

(i)within the area of a critical signalised junction or 100 metres of the major arm, or 50 metres of the minor arm, of such junction, measured in each case from the junction, or

(ii)within the area of a critical gyratory or roundabout system or 40 metres of the major arm, or 20 metres of the minor arm of the approach to or exit from such system, measured in each case from the junction of that arm with the system;

(c)the road is a road in respect of which there is in force an order made under section 1 or 9 of the Road Traffic Regulation Act 1984 prohibiting (with or without exemptions) the use of the road by vehicular traffic for more than 8 hours in any period of 24 hours or an order made under section 203(2) of the Town and Country Planning (Scotland) Act 1997 (order extinguishing right to use vehicles on road)(2); and the two way pedestrian traffic flow is at least 22 persons per minute per metre width during the busiest hour on the relevant day;

(d)the road is a single carriageway two way road less than 6.5 metres wide having a traffic flow of not less than 600 vehicles per hour which is a trunk road or a principal road within the meaning of the Roads (Scotland) Act 1984(3);

(e)the road is the first 50 metres or complete length, whichever is shorter, of a side road that has a junction with a traffic sensitive road if the road works to be carried out within that first 50 metres or complete length of the side road, whichever is shorter, will employ temporary traffic control.

(2) A road works authority may only designate a road as traffic sensitive for the times and on the dates when one or more of the criteria set out in sub paragraphs (a) to (e) of paragraph (1) apply.

(3) The procedure for making or withdrawing such a designation is specified in Schedule 2.

(4) The information to be made available by the road works authority in respect of each road for the time being designated under section 123 (traffic sensitive roads) shall include–

(a)the date of designation;

(b)the unique reference number of the designation;

(c)particulars of the road in sufficient detail to enable it to be identified;

(d)whether the designation is made by virtue of any of the criteria set out in sub-paragraphs (a) to (e) of paragraph (1) or whether it has been made by agreement with a majority of statutory undertakers having apparatus in the road, or a reasonable likelihood of having apparatus in the road, that it should be designated; and

(e)in the case of a limited designation, the times of day, days, periods or occasions to which the designation applies.

(5) In this regulation–

“critical signalised junction” means a traffic signal junction at which, in the absence of road works or works for road purposes and at times when the exit is not blocked, no less than 5 per cent of peak hour vehicles on average fail to clear the junction on the first green signal;

“critical gyratory or roundabout system” means a gyratory or roundabout system where, in the absence of road works or works for road purposes, no less than 5 per cent of peak hour vehicles on average are delayed by more than 20 seconds;

“major arm” of a critical signalised junction means the arm which receives more than 10 seconds of green time per cycle or which is the exit for at least 10 per cent of traffic passing through the junction in the peak hour and “minor arm” of such a junction shall be construed accordingly;

“major arm” of a critical gyratory or roundabout system means an arm which is used by no less than 20 per cent of the vehicles using that system and “minor arm” of such a system shall be construed accordingly; and

“peak hour” means between 7.30 am and 9.30 am and between 3.30 pm and 7.00 pm on the relevant day.

(1)

Section 1 was amended by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 17 (and partially repealed by Schedule 9 of that Act), the Environment Act 1995 (c. 25), Schedule 22, paragraph 36(1) and by the Transport (Scotland) Act 2001 (asp 2), schedule 2, paragraph 3. Section 9 was amended by the New Roads and Street Works Act 1991, Schedule 8, paragraph 23, and by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 24.

(3)

See section 11 for the classification of a road as a principal road. See section 151(1) for the definition of “trunk road”. The definition of “trunk road” was amended by the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), sections 4 and 6(2), Schedule 2, paragraph 38(15)(a).

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