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(1)A special road shall not, except as provided by or under regulations made under subsection (2) below, be used—
(a)by any traffic other than traffic of a class authorised in that behalf by a scheme made, or having effect as if made, under section 16 of the M1Highways Act 1980, or in Scotland, under section [F17 of the M2Roads (Scotland) Act 1984], or
(b)if the road is one to which certain provisions of the Highways Act 1980 apply by virtue of paragraph 3 of Schedule 23 to that Act, by any traffic other than traffic of a class for the time being authorised by virtue of that paragraph.
(2)The Secretary of State may make regulations with respect to the use of special roads, and such regulations may in particular—
(a)regulate the manner in which and the conditions subject to which special roads may be used by traffic of the class authorised in that behalf by such a scheme as is mentioned in subsection (1)(a) above or, as the case may be, by virtue of the said paragraph 3;
(b)authorise, or enable such authority as may be specified in the regulations to authorise, the use of special roads on occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the roads, by traffic other than that described in paragraph (a) above; or
(c)relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.
(3)Regulations made under subsection (2) above may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.
(4)If a person uses a special road in contravention of this section or of regulations under subsection (2) above, he shall be guilty of an offence.
(5)Where, in the case of any part of a special road, the date of opening is a date after the commencement of this Act, the provisions of this section and of any regulations made under subsection (2) above shall not apply to that part of the road until the date of opening; but nothing in this subsection shall be construed as preventing the making of regulations under subsection (2) above so as to come into force, in relation to that part of the road, on the date of opening.
(6)In this section “use”, in relation to a road, includes crossing, and “the date of opening”, in relation to a part of a special road, means the date declared, by a notice published as mentioned in section 1(4) of this Act, to be the date on which it is open for use as a special road.
Textual Amendments
F1Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(7)
Marginal Citations
M11980 c. 66(59).
M21984 c. 54(108).
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