The M90/A90 Trunk Road (Admiralty Interchange to Dalmeny) (Variable Speed Limits, Actively Managed Hard Shoulder and Bus Lane) Regulations 2017

Application of 1995 Regulations to the relevant road

6.  In relation to the relevant road the 1995 Regulations apply as if they had been modified as follows—

(a) in regulation 2(1) (interpretation) as if—

(i) in the appropriate places, there were inserted—

““the 2016 Regulations” means the Traffic Signs Regulations and General Directions 2016(1);”

““actively managed hard shoulder” means the lengths of hard shoulder of the relevant road specified in schedule 2;”

““emergency refuge area” means a part of the relevant special road which is—

(a)

adjacent to and situated on the left hand of the actively managed hard shoulder when facing the direction in which vehicles may be driven in accordance with regulation 5; and

(b)

indicated by a marking of the type shown in diagram 1010 in item 10, Part 4 of schedule 11 of the 2016 Regulations;”

““permitted vehicle” means a motor vehicle constructed or adapted to carry more than 23 seated passengers (exclusive of the driver);”

““relevant road” means the road known as the M90/A90 Edinburgh - Fraserburgh Trunk Road from Admiralty Interchange to Dalmeny;”; and

(ii) in the definition of “carriageway” after the second occurrence of “motorway” there was inserted “(other than the actively managed hard shoulder)”;

(iii) in the definition of “hard shoulder” after “vehicle” there was inserted “(and includes the actively managed hard shoulder)”;

(b) in regulation 6(2) and (3)(a) and (b) (restriction on stopping) as if, in each place where it occurs, for “or in an emergency layby” there was substituted “, in an emergency layby, or emergency refuge area”;

(c) as if for regulation 8 (restriction on the use of hard shoulders or emergency laybys) there was substituted—

“Restriction on the use of hard shoulders, emergency laybys or emergency refuge areas

8.   No vehicle may be driven, moved or stopped or may remain at rest on any hard shoulder, emergency layby or emergency refuge area, except in accordance with regulations 6(2) and (3) and 8A.

Use of the actively managed hard shoulder

8A.— (1) A permitted vehicle may drive on the actively managed hard shoulder as if it was a lane of the carriageway.

(2) Paragraph (1) only applies where—

(a) the permitted vehicle has passed a traffic sign with the sign reference number 106.12/117.07 showing a bus symbol (which was authorised for use by the Scottish Ministers under sections 64 and 65 of the Road Traffic Regulation Act 1984(2) on 11th March 2014); and

(b) any gantry directly above the actively managed hard shoulder and most recently passed by the permitted vehicle was not displaying a traffic sign with sign reference number 5003 or 5003.1 (being item 33 in part 2, schedule 14 of the 2016 Regulations - lane closed to vehicular traffic).

(3) Where paragraph (1) applies the actively managed hard shoulder is to be regarded, in relation to a permitted vehicle, as part of the carriageway of the relevant road for the purposes of these Regulations.

(4) Nothing in this regulation affects or prevents the use by any vehicle of the actively managed hard shoulder as a hard shoulder in accordance with regulation 6(2) and (3).”;

(d) in regulation 12(b)(i) (restrictions affecting animals carried in vehicles) as if after “emergency layby” there was inserted “, emergency refuge area”; and

(e) as if after the schedule there was inserted—

Regulation 2(1)

“SCHEDULE 2 THE ACTIVELY MANAGED HARD SHOULDER OF THE RELEVANT ROAD

1.   The southbound on-slip at Ferrytoll Junction, from a point 200 metres or thereby north of the point where it begins to merge with the southbound carriageway to the point where the merge with the southbound carriageway ends.

2.   The southbound carriageway, from the point where the southbound on-slip merges with the southbound carriageway at Ferrytoll Junction to the point where the southbound off-slip diverges from the southbound carriageway at Queensferry Junction.

3.   The southbound off-slip at Queensferry Junction, from the southbound carriageway to a point 15 metres or thereby north of junction of the off-slip with the roundabout at Queensferry Junction.

4.   The northbound on-slip at Queensferry Junction, from a point 35 metres or thereby north of the junction of the on-slip with the roundabout at Queensferry Junction to the northbound carriageway.

5.   The northbound carriageway, from the point where the northbound on-slip at Queensferry Junction merges with the northbound carriageway to the point where the northbound off-slip at Ferrytoll Junction diverges from the northbound carriageway.

6.   The northbound off-slip at Ferrytoll Junction, from the northbound carriageway to a point 30 metres or thereby south of the junction of the off-slip with the roundabout at Ferrytoll Junction.

7.   In this schedule—

(a) “on-slip” means a slip road intended for the use of traffic joining the main carriageway of the relevant road;

(b) “off-slip” means a slip road intended for the use of traffic leaving the main carriageway of the relevant road.”.

(1)

S.I. 2016/362.

(2)

1984 c.54. Section 64 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c.54), schedule 3, paragraph 25(3), the New Roads and Street Works Act 1991 (c.22), schedule 8(II), paragraph 47, and the Scotland Act 2016 (c.11), section 41(3)(a) to (d). Section 65 was amended by the Local Government and Housing Act 1989 (c.42), section 153(1) and (2), the New Roads and Street Works Act 1991 (c.22), schedule 8 (II), paragraph 48(2) and (3), the Road Traffic Act 1991 (c.40), schedule 4, paragraph 29, the Infrastructure Act 2015 (c.7), schedule 1(2), paragraph 82(2) and (3) and the Scotland Act 2016 (c.11), section 41(5) to (9).