2012 No. 2134
Road TrafficSpecial Roads
The M25 Motorway (Junctions 7 to 16) (Variable Speed Limits) Regulations 2012
Made 15th August 2012
Laid before Parliament 20th August 2012
Coming into force 17th September 2012

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 17(2) and (3) of the Road Traffic Regulation Act 1984.
1984. c. 27. Section 17(2) was amended by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, Part 2, paragraph 28(3); section 17(2)(b) was amended by the Road Traffic Act 1991 (c. 40), Schedule 8; section 17(2)(d) was inserted by the Road Traffic Act 1991 (c.40), Schedule 4, paragraph 25. There are other amendments to sections 17 and 134 which are not relevant to these Regulations.
Representative organisations have been consulted in accordance with section 134(2) of that Act.

1 Citation and commencement
These Regulations may be cited as the M25 Motorway (Junctions 7 to 16) (Variable Speed Limits) Regulations 2012 and they come into force on 17th September 2012.

2 Interpretation
1 In these Regulations—
“the 1982 Regulations” means the Motorways Traffic (England and Wales) Regulations 1982;
“the 2002 Regulations” means the Traffic Signs Regulations 2002; and
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meanings as in the 1982 Regulations.
S.I. 1982/1163, as amended by S.I. 1983/374, 1984/1479, 1992/1364 and 2004/3258.
Part I of S.I. 2002/3113, as amended by S.I. 2005/1670. There are other amending instruments but none are relevant.

3 Variable speed limits
1 No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2 A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if—
(a) the road is specified in the Schedule;
(b) the vehicle has passed a speed limit sign; and
(c) the vehicle has not subsequently passed—
(i) another speed limit sign indicating a different speed limit; or
(ii) a traffic sign which indicates that the national speed limit is in force.
3 In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.
4 For the purpose of this regulation, a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5 In this regulation—
(a) “national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations;
“road” includes the adjacent hard shoulder and verge; and
“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is—
(a) situated on or near any part of a road specified in the Schedule; and
(b) directed at traffic on the carriageway on which the vehicle is being driven.

4 Revocation
The M25 Motorway (Junctions 10 to 16) (Variable Speed Limits) Regulations 2001 are revoked.
S.I. 2001/3763.
Signed by authority of the Secretary of State for Transport
Mike Penning Parliamentary Under Secretary of State Department for Transport 15th August 2012

SCHEDULE SPECIFIED ROADS
Regulation 3(2)(a)
1 The specified roads are —
(a) the clockwise carriageway of the M25 from marker post 45/7 to marker post 102/8;
(b) the carriageways of the clockwise slip roads;
(c) the anti-clockwise carriageway of the M25 from marker post 102/8 to marker post 45/7; and
(d) the carriageways of the anti-clockwise slip roads.
2 Any reference in this Schedule to—
(a) the letter “M” followed by a number is a reference to the motorway known by that name;
(b) the letter “A” followed by a number is a reference to the road known by that name; and
(c) a junction followed by a number is a reference to the junction of the M25 of that number.
3 In this Schedule—
“on-slip road” means a slip road intended for the use of traffic entering the M25.
4 (1) The clockwise slip roads referred to in paragraph 1 of this Schedule are the on-slip roads which connect the clockwise carriageway of the M25 with–
(i) the M23 at junction 7;
(ii) the A217 at junction 8;
(iii) the A243 and the A245 at junction 9;
(iv) the motorway service area between junction 9 and junction 10;
(v) the A3 at junction 10;
(vi) the A317 and the A320 at junction 11;
(vii) the M3 at junction 12;
(viii) the A30 at junction 13;
(ix) the A3113 at junction 14; and
(x) the M4 at junction 15.
5 (1) The anti-clockwise slip roads referred to in paragraph 1 of this Schedule are the on-slip roads which connect the anti-clockwise carriageway of the M25 with–
(i) the A217 at junction 8;
(ii) the A243 and the A244 at junction 9;
(iii) the motorway service area between junction 9 and junction 10;
(iv) the A3 at junction 10;
(v) the A317 and the A320 at junction 11;
(vi) the M3 at junction 12;
(vii) the A30 at junction 13;
(viii) the A3113 at junction 14;
(ix) the M4 at junction 15; and
(x) the M40 at junction 16.

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations introduce variable speed limits to the M25 Motorway between junctions 7 and 10 and provide for existing variable speed limits to continue between junctions 10 and 16. Variable speed limits extend to on-slip roads clockwise between junctions 7 and 15 and anti-clockwise between junctions 8 and 16 and at the motorway service area between junction 9 and junction 10.
Regulation 3 provides for variable speed limits to have effect on the roads specified in the Schedule. Where variable speed limits are in operation a vehicle may not be driven at a speed above the maximum indicated by each speed limit sign passed by the vehicle on the specified roads, until either the vehicle passes a sign indicating that the national speed limit applies or the vehicle leaves the area covered by variable speed limits. Where ten seconds before a vehicle passes a speed limit sign, that sign indicated a higher speed limit or the national speed limit, the driver is permitted to drive the vehicle at a speed up to that higher speed limit or the national speed limit respectively.
It is an offence to use a special road in contravention of Regulations made under section 17(2) of the Road Traffic Regulation Act 1984.
Regulation 4 revokes previous regulations which imposed variable speed limits between junctions 10 and 16.
A copy of the impact assessment prepared in respect of these Regulations can be obtained from Traffic Technology Division SE, Highways Agency, Room 3B, Federated House, London Road, Dorking, Surrey RH4 1SZ. A copy has been placed in the library of each House of Parliament and is also annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.