The Motorways Traffic (Scotland) Regulations 1995

Interpretation

2.—(1) In these Regulations—

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

“carriageway” means that part of the motorway which—

(a)

is provided for the regular passage of vehicular motor traffic along the motorway; and

(b)

where a hard shoulder is provided, has the approximate position of its left-hand side, when facing in the direction in which vehicles may be driven in accordance with regulation 5 below, marked with a traffic sign of the type shown in diagrams 1012\1 or 1012.2 in Schedule 6 to the Traffic Signs Regulations and General Directions 1994(1);

“central reservation” means that part of the 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;

“emergency layby” means a part of the motorway which is designed take the weight of a vehicle, is adjacent to and situated on the left hand side of the carriageway, when facing in the direction in which vehicles may be driven in accordance with regulation 5 below, and which is marked with a traffic sign of the type shown in Scottish Development Department drawing number W(S)20(2);

“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 side of the carriageway, when facing in the direction in which vehicles may be driven in accordance with regulation 5 below, 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 3 below;

“verge” means any part of the motorway which is not a carriageway, a hard shoulder, an emergency layby 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 3 to the Roads (Scotland) Act 1984(3).

(1)

S.I. 1994/1519.

(2)

Copies of W(S)20 may be obtained free of charge from the Scottish Office Industry Department, Victoria Quay, Edinburgh, EH6 6QQ.

(3)

1984 c. 54.