The Motorways Traffic (Scotland) Regulations 1995

Restriction on use of right-hand laneS

11.—(1) This regulation applies to—

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

[F1(aa)a goods vehicle—

(i)having a maximum laden weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, and

(ii)to which regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986 applies or would apply but for paragraph (14)(a) or (b) of that regulation;]

[F2(b)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;]

[F3(bb)a passenger vehicle—

(i)which is constructed or adapted to carry more than eight seated passengers in addition to the driver, the maximum laden weight of which does not exceed 7.5 tonnes, and

(ii)to which regulation 36A of the Road Vehicles (Construction and Use) Regulations 1986 (Speed limiters) applies or would apply but for paragraph (13)(a) or (b) of that regulation;]

(c)a motor vehicle drawing a trailer; and

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

(2) Subject to the provisions of paragraphs (3) and (4) below, no vehicle to which this regulation applies shall be driven, or moved, or stopped, or remain at rest on the right-hand lane of a length of carriageway which has 3 or more traffic lanes at any place where all the lanes are open for use by traffic proceeding in the same direction.

(3) The prohibition contained in paragraph (2) above shall not apply to a vehicle—

(a)while it is being driven on any right-hand lane such as is mentioned in that paragraph insofar as it is necessary for the vehicle to be driven to enable it to pass another vehicle which is carrying or drawing a load of exceptional width; or

(b)so as to prevent that vehicle joining or leaving the motorway by means of a road giving access to or from that motorway on the right hand side of the carriageway.

(4) Nothing in this regulation shall have effect so as to require a vehicle to change lane during a period when it would not be reasonably practicable for it to do so without involving danger or injury to any person or inconvenience to other traffic.

[F4(5) In this regulation “goods vehicle”, “passenger vehicle” and “maximum laden weight” have the same meanings as in Schedule 6 to the 1984 Act.]