The Traffic Signs (Temporary Obstructions) Regulations 1997

Statutory Instruments

1997 No. 3053

ROAD TRAFFIC

The Traffic Signs (Temporary Obstructions) Regulations 1997

Made

18th December 1997

Laid before Parliament

8th January 1998

Coming into force

1st March 1998

The Secretary of State for Transport, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly in exercise of the powers conferred on them by sections 64(1), (2), (3) and (5) and 67(3) of the Road Traffic Regulation Act 1984(1), after consultation with representative organisations in accordance with section 134(2) of that Act, hereby make the following Regulations:

PART I PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Traffic Signs (Temporary Obstructions) Regulations 1997 and shall come into force on 1st March 1998.

Revocation

2.  The Traffic Signs (Temporary Obstructions) Regulations 1985(2) are hereby revoked.

Interpretation

3.—(1) In these Regulations—

“the 1994 Regulations” means the Traffic Signs Regulations 1994(3);

“EEA State” means a State which is a contracting Party to the Agreeement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993(4);

“flat traffic delineator” means a traffic sign which is of the size, colour and type prescribed by regulation 9;

“keep right sign” means a traffic sign which is of the size, colour and type prescribed by regulation 8;

“reflectorised” means illuminated with retroreflecting material, that is to say material which reflects a ray of light back towards the source of that light;

“road vehicle sign” means a traffic sign which is of the size, colour and type prescribed by regulation 10;

“traffic cone” means a traffic sign which is of the size, colour and type prescribed by regulation 11;

“traffic pyramid” means a traffic sign which is of the size, colour and type prescribed by regulation 12;

“traffic triangle” means a traffic sign which is of the size, colour and type prescribed by regulation 13; and

“warning lamp” means a traffic sign which is of the size, colour and type prescribed by regulation 14.

(2) Unless otherwise specified, a reference in these Regulations to a numbered regulation or to a numbered Schedule is a reference to the regulation of or, as the case may be, the Schedule to these Regulations so numbered.

(3) The dimensions given in the diagrams in the Schedules to these Regulations are all in millimetres.

PART II SIGNIFICANCE OF TRAFFIC SIGNS

Keep right sign

4.—(1) In addition to the requirement conveyed by the sign shown in diagram 610 of the 1994 Regulations in accordance with those Regulations, a keep right sign shall convey to vehicular traffic a warning of a temporary obstruction.

(2) Section 36 of the Road Traffic Act 1988(5) shall apply to the keep right sign.

Flat traffic delineator and traffic cone

5.  In addition to indicating the edge of a route for vehicular traffic through or past a temporary obstruction, in accordance with the 1994 Regulations, a traffic cone and a flat traffic delineator shall each convey to such traffic on a road a warning of an obstruction in the road.

Road vehicle sign

6.  A road vehicle sign shall convey to vehicular traffic using a road a warning of a temporary obstruction in the road caused by a stationary vehicle.

Traffic pyramid, traffic triangle and warning lamp

7.  A traffic pyramid, a traffic triangle and a warning lamp shall each convey to vehicular traffic using a road a warning of a temporary obstruction in the road, other than an obstruction caused by the carrying out of works.

PART III SIZE, COLOUR AND TYPE OF TRAFFIC SIGNS

Keep right sign

8.  A keep right sign shall consist of a device which is—

(a) of the colour and type of the traffic sign shown in diagram 610 of Schedule 2 to the 1994 Regulations varied so that the arrow points downwards to the right;

(b) of the size shown in that diagram except that its minimum diameter shall be 900 millimetres instead of 270 millimetres; and

(c) illuminated in accordance with the provisions of paragraph (2) in column (3) of item 1 of Schedule 17 to the 1994 Regulations.

Flat traffic delineator

9.  A flat traffic delineator shall consist of a device which is of the type specified in, and complies with the provisions of, regulation 44(3) of the 1994 Regulations and is of the colour and type of the traffic sign shown in the two parts of diagram 7102 in Schedule 12 to those Regulations, except that—

(a) its minimum height may be 450 millimetres instead of 750 millimetres; and

(b) it shall not have the optional white strip on its base referred to in regulation 44(3)(a) and shown in the second part of diagram 7102.

Road vehicle sign

10.  A road vehicle sign shall consist of a device which is of the size, colour and type specified in the diagram in Schedule 1.

Traffic cone

11.  A traffic cone shall consist of a device which—

(a) complies with the requirements of regulation 44(1) of the 1994 Regulations; and

(b) is of the size, colour and type of the traffic sign shown in diagram 7101 in Schedule 12 to the 1994 Regulations.

Traffic pyramid

12.  A traffic pyramid shall consist of a device which is—

(a) pyramidically shaped with at least 3 visible faces, each of which is of the size and colour specified in one of the diagrams in Schedule 2;

(b) made of rubber or flexible plastic material; and

(c) so constructed that it can stand upright firmly on the surface of a road.

Traffic triangle

13.  A traffic triangle shall consist of a device which is—

(a) of the size, colour and type specified in either of the diagrams in Schedule 3; and

(b) legibly and permanently marked—

(i) in the case of a triangle of the size, colour and type specified in the first diagram in Schedule 3, with the specification number of the British Standard for an Advance Warning Triangle to indicate a temporary obstruction, namely BS:AU47:1965 as amended by amendment No. 1 of 6th May 1966, or the specification number of an equivalent standard which has been approved by a recognised standardising body in an EEA State; or

(ii) in the case of a triangle of the size, colour and type specified in the second diagram in Schedule 3, with the marking designated as an approval mark by regulation 4 of the Motor Vehicles (Designation of Approval Marks) Regulations 1979(6) and shown in item 27 of Schedule 2 to those Regulations.

Warning lamp

14.  A warning lamp shall consist of a device which—

(a) shows an intermittent amber light having a flashing rate of not less than 55 nor more than 150 flashes per minute; and

(b) is illuminated by either—

(i) a single source of light; or

(ii) two or more sources of light mounted adjacent to each other and flashing in such a manner that all the sources of light are illuminated and extinguished simultaneously.

PART IV PLACING OF TRAFFIC SIGNS

Authorisation to place traffic signs

15.—(1) Subject to paragraph (4) of this regulation, a person who is in charge of or accompanies an emergency or a breakdown vehicle which is temporarily obstructing a road is hereby authorised to place a keep right sign for the purpose of warning vehicular traffic of the obstruction created by the vehicle and to indicate the way past the vehicle.

(2) Subject to paragraph (4) of this regulation, any person not otherwise authorised to do so is hereby authorised to place a road vehicle sign on a vehicle or a flat traffic delineator, traffic cone, traffic pyramid, traffic triangle or warning lamp on any road for the purpose of warning traffic of a temporary obstruction in the road, other than one caused by the carrying out of works.

(3) In paragraph (1) above, the expressions “emergency vehicle” and “breakdown vehicle”have the meanings given in regulation 3(2) of the Road Vehicles Lighting Regulations 1989(7).

(4) The authorisations given by paragraphs (1) and (2) of this regulation are subject to the conditions specified in regulation 16.

Conditions of authorisation

16.—(1) In this regulation—

(a) “placed” in relation to a traffic sign means placed in pursuance of an authorisation given by regulation 15;

(b) references to “the obstruction” are to the temporary obstruction in relation to which a traffic sign is placed; and

(c) references to “the road” are to the road on which the obstruction is situated.

(2) A traffic sign which has been placed shall be removed as soon as the obstruction has been removed.

(3) A flat traffic delineator, keep right sign, traffic cone, traffic pyramid or traffic triangle shall be placed in an upright position.

(4) A flat traffic delineator, keep right sign, traffic cone or traffic pyramid shall be placed so as to guide traffic past the obstruction.

(5) A traffic sign referred to in column (2) of an item in the table below may be placed only if the conditions specified in column (3) of the item are complied with.

TABLE

(1)	(2)	(3)
Item	Traffic sign	Conditions
1.	Flat traffic delineator	1.  At least three other flat traffic delineators must also be placed in relation to the obstruction. 2.  Each flat traffic delineator must be so placed as to face traffic approaching the obstruction from the side of the obstruction on which it is placed.
2.	Road vehicle sign	1.  It must be placed to face traffic approaching the stationary vehicle from the front, rear or side of the vehicle on which it is placed. 2.  It must be securely fixed to the stationary vehicle. 3.  It must not obscure any registration plate, lamps or reflectors of the stationary vehicle.
3.	Traffic cone	At least three other traffic cones must also be placed in relation to the obstruction.
4.	Traffic pyramid	At least three other traffic pyramids must also be placed in relation to the obstruction.
5.	Traffic triangle	1.  A traffic triangle must be placed at least 45 metres away from the obstruction. 2.  A traffic triangle must be so placed as to face traffic approaching the obstruction from the side of the obstruction on which it is placed.
6.	Warning lamp	1.  A warning lamp may be used only in conjunction with another traffic sign lawfully placed in accordance with these Regulations being— (a) a flat traffic delineator; (b) a keep right sign; (c) a road vehicle sign; (d) a traffic cone; (e) a traffic pyramid; or (f) a traffic triangle and shall be so placed as not to obscure that other traffic sign from the view of approaching traffic. 2.  Not more than one warning lamp shall be placed in conjunction with each such other traffic sign.

PART V SAVINGS

Saving for the 1994 Regulations

17.  Nothing in these Regulations shall affect regulation 41 (temporary traffic signs) of the 1994 Regulations.

The Motorways Traffic (England and Wales) Regulations 1982 and the Motorways Traffic (Scotland) Regulations 1995

18.  Nothing in the Motorways Traffic (England and Wales) Regulations 1982(8) or the Motorways Traffic (Scotland) Regulations 1995(9) shall preclude any person, acting in accordance with an authorisation conferred by Part IV of these Regulations, from placing a flat traffic delineator, keep right sign, traffic cone, traffic pyramid, traffic triangle or warning lamp on, or having placed it there removing it from, a special road to which either of those Regulations apply.

Signed by authority of the Secretary of State for Transport

Helene Hayman

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

11th December 1997

Henry McLeish

Minister of State, Scottish Office

18th December 1997

Signed by authority of the Secretary of State for Wales

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

16th December 1997

Regulation 10

SCHEDULE 1 THE ROAD VEHICLE SIGN

1.  A road vehicle sign shall be a flexible sheet on which appears a triangle.

2.  The triangle shall be equilateral. The area marked A in the diagram shall be coloured red, and shall be reflectorised to Class 1 of British Standard BS 873 Part 6 or an equivalent standard which has been approved by a recognised standardising body in an EEA State.

3.  The area marked B in the diagram may be coloured white, in which case it shall be reflectorised to Class 1 of British Standard BS 873 Part 6 or an equivalent standard which has been approved by a recognised standardising body in an EEA State. If the area marked B is not coloured white it shall be of the same colour as the background specified in note 4 below.

4.  The background shall be coloured yellow which shall be fluorescent and may also be reflectorised.

5.  The total area of the sheet, including the red triangle, shall be not less than 0.8 square metres.

Regulation 12

SCHEDULE 2

THE TRAFFIC PYRAMID—FIRST DIAGRAM

1.  The areas marked A B and C in the diagram indicate areas of the surface on each face of the pyramid as follows:

• A—Surface coloured red which may be reflectorised.

• B—White surface which must be reflectorised.

• C—Surface coloured red which may be reflectorised. Up to 50% of this surface may be obscured by constructional components.

2.  The pyramid shall not be directly illuminated either internally or externally.

3.  The base may be of any colour or it may be omitted.

THE TRAFFIC PYRAMID—SECOND DIAGRAM

1.  The areas marked A and B in the diagram indicate areas of the surface on each face of the pyramid as follows:

• A—Surface coloured red which may be reflectorised.

• B—White surface which must be reflectorised.

2.  Each outer edge of the triangular face shall be the same length.

3.  The pyramid shall not be directly illuminated either internally or externally.

Regulation 13

SCHEDULE 3

THE TRAFFIC TRIANGLE—FIRST DIAGRAM

1.  The areas marked A B and C in the diagram indicate areas of the surface on the face of the triangle as follows:

• A—Red reflectorised surface. Not more than a total of 15 square centimetres may be obscured by constructional components.

• B—Red fluorescent surface.

• C—May have either red reflectorised surface or a combination of both red reflectorised and red fluorescent surface. Not more than 10 square centimetres in each corner may be obscured by constructional components.

2.  The corners shall be radiused.

3.  All sides shall be the same length.

4.  The reflectorised areas of the surface may be internally illuminated provided that such illumination is steady, presents a uniform appearance throughout that area and does not impair the retroreflecting properties of that area of the surface. The triangle shall not be directly illuminated externally.

THE TRAFFIC TRIANGLE—SECOND DIAGRAM

1.  The areas marked A B and C in the diagram indicate areas of the surface on the face of the triangle as follows:

• A—Red reflectorised surface.

• B—Red fluorescent surface (having an area of not less than 315 square centimetres).

• C—Red edging which may be omitted.

2.  The corners shall be radiused.

3.  All sides shall be the same length.

4.  The reflectorised areas of the surface may be internally illuminated provided that such illumination is steady, presents a uniform appearance throughout that area and does not impair the retroreflecting properties of that area of the surface. The triangle shall not be directly illuminated externally.

Explanatory Note

(This note is not part of the Regulations)

These Regulations (which revoke and replace, with modifications as to both form and content, the Traffic Signs (Temporary Obstructions) Regulations 1985) authorise persons not otherwise authorised to do so to place specified traffic signs on roads in connection with temporary obstructions (regulations 15 and 16). The indications given by the signs which may be so placed are specified in regulations 4 to 7 and the form of those signs is prescribed by regulations 8 to 14. Regulation 4 also prescribes the “keep right sign” for the purposes of section 36 of the Road Traffic Act 1988 (signs with the indication of which it is an offence not to comply). There are savings for the Traffic Signs Regulations 1994 and for regulations relating to motorways (regulations 17 and 18).

There are three substantial changes from the 1985 Regulations. First a new sign (“the road vehicle sign”) is prescribed (regulations 6 and 10). Secondly, persons not otherwise authorised to do so may place a road vehicle sign on a vehicle or flat traffic delineators (in addition to traffic cones, traffic pyramids, traffic triangles and warning lamps) for the purpose of warning traffic of temporary obstructions in roads (regulation 15(2)). Thirdly, a person in charge of, or accompanying, an emergency or breakdown vehicle which is causing an obstruction is authorised to place a keep right sign in order to indicate the route past the vehicle (regulation 15(1)).

Copies of the British Standard specifications referred to in regulation 13(b)(i) and Schedule 1 can be obtained from any of the sales outlets operated by the British Standards Institution, or by post from that Institution at 389 Chiswick High Road, London W4 4AL (telephone number 0181-996 7000).

These Regulations have been notified to the European Commission pursuant to Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1983 L109, p. 9) as amended by Council Directive 88/182/EEC of 22nd March 1988 (OJ 1988 L81, p. 75) and European Parliament and Council Directive 94/10/EEC of 23rd March 1994 (OJ 1994 L100, p. 30).

(1)

1984 c. 27. Section 64(5) was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), Schedule 3.

(2)

S.I. 1985/463.

(3)

Part I of S.I. 1994/1519, to which there are amendments not relevant to these Regulations.

(4)

Cm 2073 and 2183.

(5)

1988 c. 52.

(6)

S.I. 1979/1088, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1989/1796, to which there are amendments not relevant to these Regulations.

(8)

S.I. 1982/1163, amended by S.I. 1983/374, 1984/1479, 1992/1364, 1995/158.

(9)

S.I. 1995/2507, amended by S.I. 1995/3070, 1996/2664.