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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for variable speed limits, a bus lane and an actively managed hard shoulder on various sections of the road known as the M90/A90 Edinburgh to Fraserburgh Trunk Road, from Admiralty Interchange to Dalmeny (“the relevant road”).

Regulation 3 provides for a bus lane on the section of the relevant road specified in Part 1 of the schedule, for use by buses with seating for more than 23 passengers. Regulation 5 permits, by way of an exemption, the use of the lane in an emergency for police, fire brigade, ambulance and coastguard purposes. The exemption also allows the bus lane to be used by vehicles for certain purposes, such as removing an obstruction from the road or repairing it.

Regulation 4 provides for variable speed limits to have effect on the sections of the relevant road specified in Part 2 of the schedule. Where variable speed limit signs are in operation, a person must not drive a vehicle above the maximum speed indicated by the last speed limit sign passed by the vehicle. Where a speed limit sign changes 10 seconds or less before a vehicle passes the sign and the sign had indicated a higher speed limit, the regulation allows a driver to proceed at a speed up to the maximum applicable before the change. Where the speed limit sign indicates a speed limit when it is passed by the vehicle but 10 seconds before it was not showing any speed limit, it is to be taken as not indicating any speed limit to that vehicle. In such an instance, the variable speed limit provisions will not apply and the default maximum speed will be 70 miles per hour as provided for by the Motorways Traffic (Speed Limit) Regulations 1974 or the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977.

The Regulations also apply the Motorways Traffic (Scotland) Regulations 1995 (“the 1995 Regulations”) to the relevant road as if they have been modified to provide for “an actively managed hard shoulder”, which is a hard shoulder that may be driven on in certain circumstances. The Regulations provide that the only vehicles permitted to drive on the actively managed hard shoulder are motor vehicles constructed or adapted to carry more than 23 seated passengers (exclusive of the driver) (see regulation 6).

In relation to the relevant road, regulation 6 has the effect of substituting, for the current regulation 8 of the 1995 Regulations, new regulations 8 and 8A. New regulation 8A provides that sections of the hard shoulder set out in schedule 2 of the 1995 Regulations (provided by regulation 6(e) of these Regulations) may be used as a carriageway by permitted vehicles when traffic sign reference number 106.12/117.07 showing a bus symbol, authorised for use by the Scottish Ministers under sections 64 and 65 of the Road Traffic Regulation Act 1984 on 11th March 2014, is displayed. Such permitted vehicles must cease to use the hard shoulder as a carriageway when a traffic sign with the sign reference 5003 or 5003.1 (item 33, Part 2 of schedule 14 of the Traffic Sign Regulations and General Directions 2016 – lane closed to vehicular traffic) is displayed above the hard shoulder.

Contravention of the Regulations is an offence under section 17(4) of the Road Traffic Regulation Act 1984.