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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for an actively managed hard shoulder on various lengths of the roads known as the M8/A8 Edinburgh - Greenock Trunk Road and the M9/A9 Edinburgh - Stirling - Thurso Trunk Road (“the specified roads”).

The Regulations apply the Motorways Traffic (Scotland) Regulations 1995 (“the 1995 Regulations”) to the specified roads as if they had 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 2).

In relation to the specified roads, regulation 2 has the effect of substituting, for the current regulation 8 of the 1995 Regulations, new regulations 8 and 8A.

New regulation 8A provides that lengths of the hard shoulder set out in new schedule 2 of the 1995 Regulations (inserted by regulation 2(e) of these Regulations) may be used as a carriageway by a permitted vehicle where it passes a traffic sign showing a bus symbol, authorised for use for the purposes of regulation 8A(1) by the Scottish Ministers under sections 64 and 65 of the Road Traffic Regulation Act 1984 (“the 1984 Act”). A permitted vehicle must cease to use the hard shoulder as a carriageway when it passes a traffic sign with diagram number 6031.2 (being item 15 in part 2, schedule 15 of the Traffic Signs Regulations and General Directions 2016 - carriageway side mounted light signals conveying the prohibition described at paragraph 3 of Part 1) or another sign authorised for use for the purpose of regulation 8A(2)(b) by the Scottish Ministers under sections 64 and 65 of the 1984 Act.

Regulation 2 also provides for the 1995 Regulations to apply as if the concept of the “emergency refuge area” were introduced. Where a hard shoulder is actively managed, this emergency refuge area has the same function as a hard shoulder.

Regulation 3 amends the M8 and M9 Special Roads (Newbridge Grade Separation) Speed Limit Regulations 1997 (“the 1997 Regulations”) to provide for an extension to the existing 50 mph speed limit on the interchange link road at the M9-M8 eastbound interchange. This is required to safely support the operation of the actively managed hard shoulder.

Contravention of the 1995 and 1997 Regulations is an offence under section 17(4) of the Road Traffic Regulation Act 1984.

No business or regulatory impact assessment has been prepared in relation to these Regulations as no, or no significant, impact upon business, charities or voluntary bodies is foreseen.