The M8 and M9 Trunk Roads (Newbridge to Hermiston Gait) (Actively Managed Hard Shoulder and Speed Limit) Regulations 2021

Modification of the Motorways Traffic (Scotland) Regulations 1995 to allow for actively managed hard shoulder

2.—(1) The Motorways Traffic (Scotland) Regulations 1995(1) apply in relation to the specified roads as if—

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

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

““the 2016 Regulations” means the Traffic Signs Regulations and General Directions 2016(2),”,

““actively managed hard shoulder” means any length of hard shoulder of a length of road specified in schedule 2,”,

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

(a)

adjacent to and situated on the left of any length of 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),”, and

(ii) in the definition of “hard shoulder” after “vehicle” there were inserted “(and, subject to regulation 8A, includes the actively managed hard shoulder)”,

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

(c) for regulation 8 (restriction on the use of hard shoulders or emergency laybys) there were 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) This regulation applies where a permitted vehicle passes a traffic sign with the sign reference number 001 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(3) on 22 December 2020).

(2) This regulation does not apply to a permitted vehicle where —

(a) there is displayed beside the actively managed hard shoulder a traffic sign of the type described in item 15 (diagram number 6031.2 – carriageway side mounted light signals) of the sign table in part 2 of schedule 15 of the 2016 Regulations indicating that the prohibition described in paragraph 3 of Part 1 of that schedule is in effect,

(b) the permitted vehicle passes that traffic sign.

(3) Where this regulation applies the actively managed hard shoulder is to be regarded, in relation to a permitted vehicle, as part of the carriageway of the lengths of road specified in schedule 2 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) after “emergency layby” there were inserted “, an emergency refuge area”, and

(e) after the schedule there were inserted—

Regulation 2(1)

“SCHEDULE 2 THE ACTIVELY MANAGED HARD SHOULDER OF THE SPECIFIED LENGTHS OF ROAD

1.   The length of hard shoulder of the southbound carriageway of the M9 290 metres south of the point where the southbound on-slip merges with the southbound carriageway at Junction 1.

2.   The length of hard shoulder of the eastbound carriageway of the M9-M8 interchange link road from its diverge from the M9 southbound carriageway to its merge with the M8 eastbound carriageway.

3.   The length of hard shoulder of the eastbound carriageway of the M8 from the point where the southbound on-slip merges with that carriageway at Junction 2 to the end of the M8 at Junction 1.

4.   In this schedule—

“M8” means the road known as the M8/A8 Edinburgh - Greenock Trunk Road,

“M9” means the road known as the M9/A9 Edinburgh - Stirling -Thurso Trunk Road,

“on-slip” means a slip road intended for the use of traffic joining the main carriageway of the length of road specified in this schedule,

“off-slip” means a slip road intended for the use of traffic leaving the main carriageway of the length of road specified in this schedule.”.

(2) In this regulation, “specified roads” means—

(a) the road known as the M8/A8 Edinburgh - Greenock Trunk Road, and

(b) the road known as the M9/A9 Edinburgh - Stirling -Thurso Trunk Road.

(1)

S.I. 1995/2507, modified by the Crime and Courts Act 2013 (c.22), schedule 8, paragraph 190, and amended by S.I. 1995/3070, S.I. 1996/2664, S.S.I. 2004/53, S.I. 2004/3261, S.S.I. 2005/344, S.S.I. 2006/129, S.I. 2006/594, S.S.I. 2013/119, S.I. 2018/225 and S.S.I 2019/168.

(2)

S.I. 2016/362, amended by S.I. 2017/1011, S.I. 2017/1086, S.S.I. 2018/161, and S.I. 2020/663.

(3)

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, schedule 8, paragraph 47, the Scotland Act 2016, section 41(3), and the Wales Act 2017 (c.4) section 26(4). 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, schedule 8, paragraph 48(2) and (3), the Road Traffic Act 1991, schedule 4, paragraph 29, the Infrastructure Act 2015 (c.7), schedule 1, paragraph 82, the Scotland Act 2016, section 41(5) to (9) and the Wales Act 2017, schedule 6, paragraph 37.