(This note is not part of the Regulations)
The power to make regulations with respect to the use of special roads under section 17(2) and (3) of the Road Traffic Regulation Act 1984 (except with respect to special roads generally) lies with the Welsh Ministers so far as they are exercisable in relation to Wales.
In exercise of the above power, the Welsh Ministers make these Regulations which make provision for variable speed limits on the roads specified in the Schedule.
Where variable speed limit signs are in operation a vehicle may not be driven at a speed above the maximum indicated by each speed limit sign passed by the vehicle until it passes a sign indicating that the national speed limit applies or the vehicle leaves the roads covered by the Regulations. Where a speed limit changes less than 10 seconds before a vehicle passes the sign and the sign had indicated a higher speed limit, the Regulations allow a driver to proceed at a speed up to the maximum applicable before the change. Where the speed limit sign indicates a speed limit when it is passed by a vehicle but less than 10 seconds previously it was either giving no indication of a speed limit or that the national speed limit applied, the sign is to be taken as giving no indication of a speed limit to the vehicle passing it.
It is an offence to use a special road in contravention of regulations made under section 17(2) of the Road Traffic Regulation Act 1984.
These Regulations revoke and replace the M4 Motorway (West of Junction 23A (Magor) to East of Junction 29 (Castleton)) (Variable Speed Limits) Regulations 2011 (S.I. 2011 No. 94 (W. 19)).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.