Statutory Instruments
2004 No. 3258
ROAD TRAFFIC
The Motorways Traffic (England and Wales) (Amendment) Regulations 2004
Made
9th December 2004
Laid before Parliament
10th December 2004
Coming into force
1st January 2005
The Secretary of State for Transport, in exercise of the powers conferred by section 17(2) and (3) of the Road Traffic Regulation Act 1984( 1 ), and after consulting with representative organisations in accordance with section 134(2) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Motorways Traffic (England and Wales) (Amendment) Regulations 2004 and shall come into force on 1st January 2005.
Preliminary
2.The Motorways Traffic (England and Wales) Regulations 1982( 2 ) shall be further amended in accordance with the following provisions of these Regulations.
Interpretation
3. In regulation 3(1), after sub-paragraph (f) insert—
“ (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 ( 3 ) ; ” .
Amendments relating to use of right hand or off side lane
4. —(1) Regulation 12 shall be amended as follows.
(2) In paragraph (1)—
(a) after sub-paragraph (a) insert—
“ (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 ( 4 ) applies or would apply but for paragraph (14)(a) or (b) of that regulation; ” ; and
(b) after sub-paragraph (b) insert—
“ (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; ” .
Amendments relating to exceptions and relaxations
5. —(1) Regulation 16 shall be amended as follows.
(2) In paragraph (1)—
(a) in sub-paragraph (a), after “uniform” insert “, a traffic officer in uniform( 5 )”;
(b) in sub-paragraph (b), after “given by” insert “a traffic officer in uniform or”; and
(c) in sub-paragraph (d), after “constable” insert “, a traffic officer, when in uniform,”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
9th December 2004
1984 c. 27 . Section 17(2) was amended by the New Roads and Street Works Act 1991 (c. 22) , schedule 8, paragraph 28 and by the Road Traffic Act 1991 (c. 40) , Schedule 4, paragraph 25. The functions of the Secretary of State under section 17(2) and (3), except with respect to special roads generally, so far as exercisable in relation to Wales, are transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ), article 2 and Schedule 1.
S.I. 1982/1163 ; relevant amending instruments are S.I. 1983/374 , 1984/1479 , 1992/ 1364 and 1995/158 .
S.I. 1986/1078 ; relevant amending instruments are S.I. 1988/271 , 1991/1527 , 1993/3048 , 1994/329 , 1995/1458 , 1996/2064 , 1997/1340 , 2003/1946 and 2004/2102 .
Section 11 of the Traffic Management Act 2004(c. 18) provides that the Secretary of State or, as the case may be, the National Assembly for Wales shall determine the uniform for traffic officers designated by, or under an authorisation given by, each of them.