Appendix 2
S.I. 2012/104: memorandum from the Department
for Transport
M25 Motorway (Junctions 2 to 3) (Variable Speed
Limits) Regulations 2012 (S.I. 2012/104)
By a letter dated 29th February 2012, the Joint Committee
on Statutory Instruments requested a memorandum on the following
point:
"Explain how regulation 3(2)(c) is intended
to operate in relation to a series of traffic signs showing successively
decreasing speed limits, and how that intention is achieved."
The Regulations enable variable speed limits below
the national speed limit of 70mph to be imposed on the lengths
of motorway specified in the Schedule. Regulation 3 needs to be
sufficiently flexible to enable different speed limits to apply
to short sections of road which can be between two adjacent gantries.
Regulation 3 (1) provides:
"No person shall drive a vehicle on a section
of road which is subject to a variable speed limit at a speed
exceeding that indicated by a speed limit sign."
This prohibition applies only where a vehicle is
driven on a road subject to a variable speed limit.
Regulation 3(2) imposes a series of requirements
which, if met, establish a section of road as being subject to
a variable speed limit. Taking each of these in turn:
"(a) the road is specified in the Schedule;".
This is self-explanatory and what follows assumes
this is met.
"(b) the vehicle has passed a speed limit
sign;".
Once a vehicle passes a speed limit sign it will
be subject to the speed limit indicated until one of the two instances
in (c)(i) or (ii) occurs.
"(c) the vehicle has not passed-
(i) another speed limit sign indicating a different
speed limit; or
(ii) a traffic sign which indicates that
the national speed limit is in force."
Regulation 3(2)(c) caters for the fact that speed
limits may alter within a stretch of motorway covered by the regulations
by creating different sections of road for each new speed limit.
As the vehicle moves from one speed limit ("the previous
speed limit") into another speed limit ("the new speed
limit") it moves into another section of the road. The previous
speed limit falls away and regulation 3(2)(b), read with regulation
3(1), apply the new speed limit.
Subject to regulation 3(2)(c), that new section of
road becomes a section subject to the speed limit displayed on
the new speed limit sign.
Example:
A stretch of motorway contains three gantries. A
vehicle approaches Gantry 1 which shows a speed limit of 60mph
and as it passes that gantry regulation 3(2)(b) is satisfied.
From this point the driver of the vehicle must not
exceed the speed displayed on Gantry 1. The maximum speed, in
relation to that vehicle, will continue to be 60mph as the vehicle
will not yet have passed another sign displaying a different speed
limit or a traffic sign indicating that the national speed limit
applies. Regulation 3(2)(c)(i) and (ii) are satisfied.
The vehicle then passes Gantry 2 which indicates
a speed limit of 50mph. Regulation 3(2)(c) cuts in to remove
the previous speed limit while regulation 3(2)(b) applies the
new limit.
From here on the vehicle must not exceed the speed
displayed on Gantry 2. The maximum speed applicable to the vehicle
will be 50mph until it passes another speed limit sign displaying
a different speed limit or a traffic sign indicating the national
speed limit applies. Regulation 3(2)(c)(i) and (ii) will be
satisfied until this occurs.
The vehicle then passes Gantry 3 displaying a 40mph
speed limit sign. The same process will apply as explained above.
In this example, there are three sections of road
subject to variable speed limits; the first section subject to
a 60mph speed limit, the second subject to the 50mph speed limit
and the third subject to a 40mph speed limit.
If, for the sake of argument, Gantries 1, 2 and 3
were all to show the same speed limit of 50mph, then the entire
stretch of road between the three gantries would be one section.
Regulation 3 comprises standardised wording which
has been used in numerous instruments imposing variable speed
limits. The Department considers that the wording is sufficiently
clear and certain for the purpose of enforcing the prohibition
on exceeding variable speed limits and it appears to be well understood
by the enforcement authorities. Despite the broad national application
of variable speed limits, the Department is unaware of any enforcement
issues arising from the wording of regulation 3 and particularly
regulation 3(2)(c). The Department is grateful to the Committee
for raising the point and would hope that this note answers it
in full.
Department for Transport
6 March 2012
| 
