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Statutory Instruments

2004 No. 3261 (S.12)

ROAD TRAFFIC

SPECIAL ROADS

The Motorways Traffic (Scotland) (Amendment) (No.2) 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( 2 ), hereby makes the following Regulations:

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Motorways Traffic (Scotland) (Amendment) (No.2) Regulations 2004 and shall come into force on 1st January 2005.

(2) These Regulations extend to Scotland only.

Preliminary

2.The Motorways Traffic (Scotland) Regulations 1995( 3 ) shall be further amended in accordance with the following provisions of these Regulations.

Amendments relating to use of right-hand lane

3. —(1) Regulation 11 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; ” .

Signed by authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport

9th December 2004

( 1 )

1984 c. 27 . Section 17(2) was amended by the New Roads and Street Works Act 1991 (c. 22) (“the 1991 Act”), Schedule 8, paragraph 28 and by the Road Traffic Act 1991 (c. 40) , Schedule 4, paragraph 25 and Schedule 8. The function of the Secretary of State under section 17(2) of making regulations with respect to any particular special road, so far as exercisable in or as regards Scotland, is transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc. ) Order 1999 ( S.I. 1999/1750 ), article 2 and Schedule 1.

( 2 )

Section 134(2) was amended by the Roads (Scotland) Act 1984 (c. 54) , Schedule 7, paragraph 4 and by the 1991 Act, Schedule 8, paragraph 77.

( 3 )

S.I. 1995/2507 ; relevant amending instrument is S.I. 1995/3070 . [DfT 13453]

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Motorways Traffic (Scotland) (Amendment) (No.2) Regulations 2004 (2004/3261)

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