Citation and commencement

1. These Regulations may be cited as the M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005 and shall come into force on 27th July 2005.

Interpretation

2. In these Regulations—

“the 1982 Regulations” means the Motorways Traffic (England and Wales) Regulations 1982 ( 2 );

“the 2002 Regulations” means the Traffic Signs Regulations 2002 ( 3 );

“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations; and

“relevant roads” means the lengths of motorway specified in the Schedule to these Regulations.

Modification of the 1982 Regulations in relation to relevant roads

3. —(1) In relation to the relevant roads, the 1982 Regulations shall have effect subject to the following modifications.

(2) In regulation 3(1)—

(a) after sub-paragraph (a) insert—

“ (aa) “actively managed hard shoulder” means the hard shoulder of the relevant roads; ” ;

(b) in sub paragraph (b) (i) after “the motorway” insert “and includes the actively managed hard shoulder when it is treated as a lane of the carriageway in accordance with regulation 5A;”;

(c) after sub paragraph (c) insert—

“ (ca) “emergency refuge area” means a part of a motorway—

(i) which is adjacent to and situated on the left-hand or near-side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6, vehicles may be driven, and

(ii) whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations 2002; ” ;

(d) in sub paragraph (e) after “hard shoulder”, insert “subject to regulation 5A(3),”;

(e) in sub paragraph (g), after “hard shoulder”, add “an emergency refuge area,”; and

(f) after sub paragraph (f) insert—

“ (aff) “relevant roads” has the meaning given by regulation 2 of the M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005; ” .

(3) For regulation 4 substitute—

“ Application

4. These Regulations apply to the relevant roads. ”

(4) After regulation 5 insert—

“ Use of actively managed hard shoulder

5A. —(1) Subject to the following provisions of these Regulations, a vehicle may be driven on a relevant length of the actively managed hard shoulder.

(2) The relevant length of the actively managed hard shoulder shall be treated for the purposes of these Regulations as a lane of the carriageway.

(3) Accordingly where paragraph (2) applies, references in these Regulations—

(a) to a carriageway shall be treated as including references to the relevant length of the actively managed hard shoulder; and

(b) to a hard shoulder, except in regulation 3(1), shall be treated as excluding references to the relevant length of the actively managed hard shoulder.

(4) For the purposes of this regulation “relevant length” in relation to the actively managed hard shoulder means a length of the actively managed hard shoulder that—

(a) begins immediately after an overhead gantry on which, directly above the actively managed hard shoulder, there is displayed a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations 2002 indicating that a speed limit other than the national speed limit applies to the actively managed hard shoulder; and

(b) ends immediately before an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 5003.1 in Schedule 10, or 6031.1 in Schedule 11, to the Traffic Sign Regulations 2002. ”

(5) At the end of regulation 7(2) after “carriageway” insert “or on any emergency refuge area which is contiguous to that carriageway or hard shoulder”.

(6) In regulations 7(3)(a) and (b), 9 and 14(b)(i), after “hard shoulder” (in each place), add “or emergency refuge area”.

(7) In regulation 12(2), after “three or more traffic lanes” add “(including the actively managed hard shoulder when it is in use as a lane of the carriageway in accordance with regulation 5A).”

Speed limits on relevant roads

4. —(1) Subject to paragraph (3) where a motor vehicle being driven on any part of the relevant roads passes a speed limit sign no person shall during the relevant period, drive the vehicle on any part of the relevant roads at a speed exceeding the relevant speed.

(2) For the purposes of this regulation, a vehicle shall not be regarded as passing a speed limit sign unless the sign is—

(a) on or near any part of the relevant roads; and

(b) directed at traffic on the carriageway on which the vehicle is being driven.

(3) If—

(a) a motor vehicle being driven on any part of the relevant roads passes a speed limit sign at a particular location; and

(b) apart from this paragraph, the vehicle would be subject to a speed limit by virtue of this regulation, but would not have been subject to a speed limit by virtue of this regulation had it passed that location ten seconds earlier than was in fact the case,

the vehicle shall not be subject to any speed limit by virtue of this regulation until that vehicle again passes a speed limit sign.

(4) In this regulation—

“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations;

“relevant period” means the period that begins immediately after the vehicle passes the speed limit sign and ends immediately before one of the following events occurs, namely—

“relevant speed” means the maximum speed indicated by the speed limit sign at the time that the vehicle passes it, or, if higher, the maximum speed indicated by the speed limit sign ten seconds before that time; and

“speed limit sign” means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which indicates that a specified maximum speed limit other than the national speed limit is in force.

Regulation 2

SCHEDULE RELEVANT ROADS

1. The relevant roads are the—

(a) northbound carriageway of the M42 from marker post 19/0 + 80 to marker post 35/8;

(b) carriageways of the relevant northbound slip roads;

(c) southbound carriageway of the M42 from marker post 35/8 to marker post 19/4 + 60; and

(d) carriageways of the relevant southbound slip roads.

2. Any reference in this Schedule to—

(a) the letter “M” followed by a number is a reference to the motorway known by that number and any reference to the letter “A” followed by a number is a reference to the road known by that number; and

(b) a junction followed by a number is a reference to the junction of the M42 of that number.

3. In this Schedule—

“J slip road” means the slip road in the vicinity of junction 7, which connects the northbound carriageway of the M42 with the westbound carriageway of the M6;

“K slip road” means the slip road in the vicinity of junction 3A, which connects the northbound carriageway of the M40 with the northbound carriageway of the M42;

“L slip road” means the slip road in the vicinity of junction 3A, which connects the southbound carriageway of the M42 with the southbound carriageway of the M40;

“M slip road” means the slip road in the vicinity of junction 7, which connects the westbound carriageway of the M6 with the southbound carriageway of the M42;

“on-slip road” means a slip road intended for the use of traffic entering the M42;

“off-slip road” means a slip road intended for the use of traffic exiting the M42;

“relevant northbound slip roads” is a reference to the lengths of road specified in paragraph 4 of this Schedule together with the adjacent hard shoulders, emergency refuge areas and verges;

“relevant southbound slip roads” is a reference to the lengths of road specified in paragraph 5 of this Schedule together with the adjacent hard shoulders, emergency refuge areas and verges; and

“zone sign” means a sign authorised by the Secretary of State for the purpose under the Road Traffic Regulation Act 1984 indicating that vehicles are entering a relevant road.

4. The relevant northbound slip roads are the:

(a) J slip road commencing at its junction with the northbound carriageway of the M42 and ending at the zone sign;

(b) K slip road commencing at the zone sign and ending at its junction with the northbound carriageway of the M42; and

(c) on-slip roads and off-slip roads which connect the northbound carriageway of the M42 with the—

(i) A34 at Junction 4,

(ii) A41 at Junction 5, and

(iii) A45 at Junction 6.

5. The relevant southbound slip roads are the:

(a) L slip road commencing at its junction with the southbound carriageway of the M42 and ending at the zone sign;

(b) M slip road commencing at the zone sign and ending at its junction with the southbound carriageway of the M42; and

(c) on-slip roads and off-slip roads which connect the southbound carriageway of the M42 with the—

(i) A3400 at Junction 4,

(ii) A4141 at Junction 5, and

(iii) A45 at Junction 6.