The Motorways Traffic (England and Wales) Regulations 1982

“the 1984 Act” means the Road Traffic Regulation Act 1984;

“central reservation” means that part of a motorway which separates the carriageway to be used by vehicles travelling in one direction from the carriageway to be used by vehicles travelling in the opposite direction;

“excluded traffic” means traffic which is not traffic of Classes I or II;

“hard shoulder” means a part of the motorway which is adjacent to and situated on the left hand or near side of the carriageway when facing in the direction in which vehicles may be driven in accordance with Regulation 6, and which is designed to take the weight of a vehicle;

“motorway” means any road or part of a road to which these Regulations apply by virtue of Regulation 4;

“traffic officer” means an individual designated as such by, or under an authority given by, the Secretary of State or the National Assembly for Wales in accordance with section 2 of the Traffic Management Act 2004;

“verge” means any part of a motorway which is not a carriageway, a hard shoulder, F21an emergency refuge area, or a central reservation.

is on a length of carriageway on which vehicles are required by any of the foregoing provisions of this Regulation to be driven in one direction only and is proceeding in or facing that direction, or

is on any other length of carriageway and is proceeding in or facing one direction,

by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or

by reason of any accident, illness or other emergency; or

to permit any person carried in or on the vehicle to recover or move any object which has fallen onto a motorway; or

to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph,

A vehicle which is at rest on a hard shoulder F23or emergency refuge area shall so far as is reasonably practicable be allowed to remain at rest on that hard shoulder F23or emergency refuge area in such a position only that no part of it or of the load carried thereby shall obstruct or be a cause of danger to vehicles using the carriageway.

A vehicle shall not remain at rest on a hard shoulder F23or emergency refuge area for longer than is necessary in the circumstances or for the purposes specified in paragraph (2) of this Regulation.

a motor vehicle in category A or B or sub-category C1+E (8.25 tonnes), D1 (not for hire or reward), D1+E (not for hire or reward) or P, and

a motor vehicle in category B+E or sub-category C1 if the provisional licence authorising the driving of such a motor vehicle was in force at a time before 1st January 1997.

is driving a category B vehicle the transmission of which may be disengaged, and the brakes operated, independently from the driver by a person sitting in the front passenger seat, and

is under the supervision of a person who is present with him in the vehicle, and whose name is in Part 1 or Part 2 of the register of approved instructors, referred to in section 123(1)(a) and (aa) of the Road Traffic Act 1988, and the registration is not suspended.

the expression “in force”and expressions relating to vehicle categories shall be construed in accordance with F28regulations 3(1) and (2)(a) and 4(3) of the Motor Vehicles (Driving Licences) Regulations 1999;

a goods vehicle having a maximum laden weight exceeding 7.5 tonnes,

a passenger vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver the maximum laden weight of which exceeds 7.5 tonnes;

a motor vehicle drawing a trailer, and

a vehicle which is a motor tractor, a light locomotive or a heavy locomotive.

traffic of Classes III or IV may use a motorway for the maintenance, repair, cleaning or clearance of any part of a motorway or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of a motorway;

authorise any excluded traffic to use that motorway or that part of a motorway as an alternative road for the period during which the use of the other road by such traffic continues to be impossible or unsuitable, and

relax any prohibition or restriction imposed by these Regulations in so far as he considers it necessary to do so in connection with the use of that motorway or that part of a motorway by excluded traffic in pursuance of any such authorisation as aforesaid.

where he does so in accordance with any direction or permission given by a constable in uniform F15, a traffic officer in uniform or with the indication given by a traffic sign;

where, in accordance with any permission given by F16a traffic officer in uniform or a constable, he does so for the purpose of investigating any accident which has occurred on or near a motorway;

where it is necessary for him to do so to avoid or prevent an accident or to obtain or give help required as the result of an accident or emergency, and he does so in such manner as to cause as little danger or inconvenience as possible to other traffic on a motorway;

where he does so in the exercise of his duty as a constable F17, a traffic officer, when in uniform,F19as a member of the Serious Organised Crime Agency for the purposes of that Agency, or as a member of F18an ambulance service or as an employee of a fire and rescue authority employed for the purposes of that authority;

where it is necessary for him to do so in connection with any inspection, survey, investigation or census which is carried out in accordance with any general or special authority granted by the Secretary of State.