3.—(1) In these Regulations, the following expressions have the meanings hereby respectively assigned to them:—
[F1(a)“the 1984 Act” means the Road Traffic Regulation Act 1984;]
[F2(b)“carriageway ” means that part of a motorway which—
(i)is provided for the regular passage of vehicular motor traffic along the motorway; and
(ii)where a hard shoulder is provided, has the approximate position of its left-hand or near-side edge marked with a traffic sign of the type shown in diagram 1012.1 in Schedule 2 to the Traffic Signs Regulations and General Directions 1981.]
(c)“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;
[F3(ca)emergency refuge area” means a part of the motorway—
(i)which is adjacent to and situated on the left hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6, vehicles may be driven, and
(ii)whose boundary with the hard shoulder or carriageway indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations 2002;]
(d)“excluded traffic” means traffic which is not traffic of Classes I or II;
(e)“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;
(f)“motorway” means any road or part of a road to which these Regulations apply by virtue of Regulation 4;
[F4(ff) “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;]
(g)“verge” means any part of a motorway which is not a carriageway, a hard shoulder, [F5an emergency refuge area,] or a central reservation.
(2) A vehicle shall be treated for the purposes of any provision of these Regulations as being on any part of a motorway specified in that provision if any part of the vehicle (whether it is at rest or not) is on the part of the motorway so specified.
(3) Any provision of these Regulations containing any prohibition or restriction relating to the driving, moving or stopping of a vehicle, or to its remaining at rest, shall be construed as a provision that no person shall use a motorway by driving, moving or stopping the vehicle or by causing or permitting it to be driven or moved, or to stop or remain at rest, in contravention of that prohibition or restriction.
(4) In these Regulations references to numbered classes of traffic are references to the classes of traffic set out in Schedule 4 to the Highways Act 1980(1).
Textual Amendments
F1Reg. 3(1)(a) substituted (1.7.1992) by Motorways Traffic (England and Wales) (Amendment) Regulations 1992 (S.I. 1992/1364), regs. 1, 6(1)
F2Words in reg. 3(1)(b) substituted (17.10.1984) by The Motorways Traffic (England and Wales) (Amendment) Regulations 1984 (S.I. 1984/1479), regs. 1, 2
F3Reg. 3(1)(ca) inserted (E.) (6.4.2015) by The Motorways Traffic (England and Wales) (Amendment) (England) Regulations 2015 (S.I. 2015/392), regs. 1(1), 2(2)
F4Reg. 3(1)(ff) inserted (1.1.2005) by The Motorways Traffic (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/3258), regs. 1, 3
F5Words in reg. 3(1)(g) inserted (E.) (6.4.2015) by The Motorways Traffic (England and Wales) (Amendment) (England) Regulations 2015 (S.I. 2015/392), regs. 1(1), 2(3)
Commencement Information