The Motorways Traffic (Scotland) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which re-enact the Motorways Traffic (Scotland) Regulations 1964 and the Motorways Traffic (Scotland) (Amendment) Regulations 1968 with amendments, make provision for the regulation of traffic using special roads provided under the Roads (Scotland) Act 1984 in cases where such roads can only be used by traffic of Classes I and II specified in Schedule 3 to that Act, such special roads being referred to in these Regulations as “motorways”.

Regulation 2 deals with interpretation and includes the definitions of “hard shoulder” and “emergency layby” which are a terms not previously used in Regulations relating to motorways in Scotland.

Regulation 3 provides that the Regulations only apply to special roads which can only be used by traffic of Classes I or II of Schedule 3 to the Roads (Scotland) Act 1984.

The Regulations provide that except in certain specified cases—

(a) vehicles are to be driven only on the carriageways (regulation 4);

(b) one-way driving is to be observed by vehicles using the carriageways (regulation 5);

(c) vehicles are not to stop on the carriageways (regulation 6);

(d) reversing on the motorway is prohibited (regulation 7);

(e) the hard shoulders or emergency laybys are not to be used by vehicles (regulation 8);

(f) vehicles are prohibited from being on the central reservations or verges (regulation 9);

(g) vehicles are not to be driven on motorways by learner drivers (regulation 10);

(h) any goods vehicle having a maximum laden weight exceeding 7.5 tonnes, certain passenger carrying vehicles, any motor vehicle drawing a trailer, and any motor tractor, light locomotive or heavy locomotive are not to use the right-hand lane of a three lane or more carriageway at any place where all lanes are open for use (regulation 11);

(i) animals carried in a vehicle are as far as practicable to be kept in the vehicle or, if they are not in the vehicle, are not to go or remain on the motorway other than on the hard shoulder, emergency layby or verge and are to be kept under proper control (regulation 12).

Regulation 13 provides that certain classes of traffic not ordinarily authorised to use motorways may do so in certain specified circumstances and also makes provision for enabling such traffic to be authorised to use a motorway in particular cases.

Regulation 14 provides for certain general exceptions from the provisions of the Regulations and authorises the Secretary of State to relax any prohibition or restriction imposed by the Regulations.

The principal changes from the previous Regulations are:

• restricting the use of hard shoulders or emergency laybys (regulation 8);

• allowing learner drivers of large goods vehicles and passenger-carrying vehicles to drive on motorways (regulation 10);

• amending the classes of vehicle which may not use the right-hand lane of a 3 lane carriageway subject to exceptions and adding two further exceptions in “lane gain” situations and in situations where access to and from the motorway is by a road on the right hand side of the carriageway (regulation 11).