The A90 Trunk Road (Aberdeen Western Peripheral Route) (Stonehaven to Blackdog) (Prohibitions and Restrictions) Regulations 2019

Document Number:2019 No. 166
Coming into force:Coming into force on the 30/06/2019
 
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Scottish Statutory Instruments

Road Traffic

Made

15 th May 2019

Laid before the Scottish Parliament

17 th May 2019

Coming into force

30 th June 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 17(2) , (3) and (3 ZA) of the Road Traffic Regulation Act 1984(1) and all other powers enabling them to do so.

In accordance with section 134(8)(2) of that Act they have consulted with such representative organisations as they think fit.

Citation and commencement

  1. These Regulations may be cited as the A90 Trunk Road (Aberdeen Western Peripheral Route) (Stonehaven to Blackdog) (Prohibitions and Restrictions) Regulations 2019 and come into force on 30 June 2019.

    Interpretation

  2. In these Regulations—

    “AWPR” means, unless the context otherwise requires, the lengths of carriageway specified in Part 1 of the schedule and includes any central reservations, emergency laybys and verges,

    “A96 Trunk Road” means the lengths of the A96 Craibstone – Inverness Trunk Road constructed under the A96 (Aberdeen Western Peripheral Route) Trunk Road Order 2010(3) ,

    “carriageway” means a part of a road which is provided for the regular passage of vehicular motor traffic, including slip roads,

    “central reservation” means a part of a road 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,

    “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012(4) ,

    “emergency layby” means a part of a road which is designed to 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 4 , and which is marked with traffic signs of the type described as blank diagram 1 in Part 1 , and item 9 (stopping prohibited in a layby except in emergency) of the sign table in Part 3 of schedule 4 of TSRGD 2016 ,

    “excluded traffic” means traffic which is not traffic of classes I or II of the classes of traffic specified in schedule 3 of the 1984 Act,

    “the 1984 Act” means the Roads (Scotland) Act 1984(5) ,

    “TSRGD 2016” means the Traffic Signs Regulations and General Directions 2016(6) ,

    “verge” means any part of a road which is not a carriageway, an emergency layby or a central reservation.

    No entry

  3. A person must not by vehicle enter any length of the AWPR specified in Part 2 of the schedule at a point where a prohibition against entry is identified as applying to that length of the AWPR, or a part or parts of that length of the AWPR, by means of a traffic sign of the type described in item 10 (diagram 616 – no entry for vehicular traffic) of the sign table in Part 2 of schedule 3 of the TSRGD 2016.

    Direction of driving

  4. —(1) On any length of the carriageway of the AWPR which—

    (a) is not adjacent to a central reservation, and

    (b) can be entered at one end only,

    a person may drive or move a vehicle only from the point of entry of that length of carriageway of the AWPR towards the other end.

    (2) On any length of the carriageway of the AWPR that is adjacent to a central reservation a person must not drive or move a vehicle such that the central reservation is on the left-hand side of the vehicle.

    (3) A person must not drive or move a vehicle on any length of the AWPR so as to cause it to turn and proceed in or face the opposite direction.

    Prohibition on use of the central reservation or verge

  5. A person must not drive, move or stop a vehicle, or allow it to remain at rest, on a central reservation or verge on any length of the AWPR.

    Restriction on stopping

  6. —(1) A person must not stop a vehicle, or allow it to remain at rest, on any length of the carriageway of the AWPR.

    (2) Paragraph (1) does not apply where it is necessary for a person to stop a vehicle on the carriageway—

    (a) because of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle,

    (b) because of any accident, illness or other emergency,

    (c) to permit any person carried in or on the vehicle to recover or move any object which has fallen on the road, or

    (d) to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the provisions of this paragraph.

    (3) As soon as it is reasonably practicable and safe to do so, a person who has stopped a vehicle in accordance with paragraph (2) must drive or move that vehicle on to an emergency layby.

    (4) A person must not allow a vehicle or its load which is at rest in an emergency layby—

    (a) to obstruct or be a cause of danger to vehicles using the carriageway, or

    (b) to remain at rest for longer than is necessary in the circumstances or for the purposes specified in paragraph (2).

    (5) This regulation does not prohibit a vehicle from being stopped, or allowed to remain at rest, on the carriageway—

    (a) while it is prevented from proceeding along the carriageway by the presence of any other vehicle, person or object, or

    (b) in order to allow pedestrians or pedal cyclists to cross the carriageway at a place on the carriageway where provision is made for them to do so.

    Restriction on reversing

  7. A person must not drive or move a vehicle backwards on any length of the AWPR except to the extent that it is necessary to enable that vehicle to proceed forwards or to be connected to any other vehicle.

    Restriction on the use of emergency laybys

  8. A person must not drive, move or stop a vehicle, or allow it to remain at rest, in an emergency layby on any length of the AWPR, except in accordance with regulation 6(3) and (4).

    Restrictions affecting animals carried in vehicles

  9. —(1) A person in charge of an animal which is carried in a vehicle must not, so far as is practicable while the vehicle is on any length of the AWPR—

    (a) remove the animal from the vehicle, or

    (b) permit the animal to leave the vehicle.

    (2) If an animal escapes from, or it is necessary for it to be removed from, or to be permitted to leave a vehicle on any length of the AWPR, any person in charge of that animal must not, so far as is practicable—

    (a) permit the animal to go onto or remain on any length of the AWPR other than an emergency layby or a verge, and

    (b) permit the animal not to be held on a lead or otherwise kept under control while on any length of the AWPR.

    Use of road by excluded traffic

  10. —(1) Pedestrians may use the AWPR—

    (a) to cross the carriageway at a place on the carriageway where provision is made for them to do so,

    (b) to use a footway within the meaning of section 151(2)(a)(i) of the 1984 Act(7) , or

    (c) when it is necessary for them to do so—

    (i) as a result of an accident or emergency or as a result of a vehicle that is stopped on the AWPR in any of the circumstances specified in regulation 6(2) , or

    (ii) in any other circumstances specified in regulation 11(1)(a) , (c) , (e) , or (f).

    (2) Pedal cyclists may use the AWPR to cross the carriageway of the AWPR at a place where provision is made for them to do so.

    (3) Classes III and IV of the classes of traffic specified in schedule 3 of the 1984 Act may use any length of the AWPR for the maintenance, repair, cleaning or clearance of any part of the AWPR or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of the AWPR.

    (4) The Scottish Ministers may authorise the use of excluded traffic by any person on any length of the AWPR—

    (a) in an emergency,

    (b) for the purpose of enabling that traffic to cross the AWPR,

    (c) to secure access to premises abutting on or adjacent to that length of the AWPR,

    (d) when they otherwise consider it necessary or appropriate to do so.

    (5) Where in an emergency the use of any road, other than a length of the AWPR, by excluded traffic is impossible or unsuitable, the chief constable of the Police Service of Scotland or any constable of, or above, the rank of superintendent authorised by the chief constable may—

    (a) authorise the use of excluded traffic by any person on any such length of the AWPR for the period during which use of the other road by such traffic continues to be impossible or unsuitable,

    (b) relax any prohibition or restriction imposed by regulations 3 to 9 so far as is necessary.

    Exceptions and relaxations

  11. —(1) Regulations 4 to 9 do not apply to any person being present on or using any length of the AWPR, by vehicle or otherwise—

    (a) for the purposes of—

    (i) the exercise of their duty as a constable,

    (ii) the exercise of the functions of the Scottish Ambulance Service Board under article...

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