The A90/A9000 Trunk Roads (Forth Road Bridge, and Queensferry Crossing and Forth Road Bridge Approach Roads) (Temporary Prohibitions on Use and Stopping, Bus Lane and Speed Restrictions) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SSI 2017/404 |
| Year | 2017 |
2017 No. 404
ROAD TRAFFIC
Made 21stNovember 2017
Coming into force 28thNovember 2017
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1), (2) and (3), 4(1) and 14(1)(b) and (4) and 124(1)(d) of, and paragraph 27 of schedule 9 of, the Road Traffic Regulation Act 1984(1) and all other powers enabling them to do so.
In accordance with section 14(1)(b) of that Act, they are satisfied that the traffic on the length of road specified in the schedule should be restricted because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to works.
In accordance with section 14(3) of that Act, they have had regard to the existence of alternative routes suitable for the traffic which will be affected by this Order.
Citation, commencement and cessation
1. This Order may be cited as the A90/A9000 Trunk Roads (Forth Road Bridge, and Queensferry Crossing and Forth Road Bridge Approach Roads) (Temporary Prohibitions on Use and Stopping, Bus Lane and Speed Restrictions) Order 2017, comes into force on 28th November and ceases to have effect on 31st December 2018.
Interpretation
2. In this Order—
“A90” means that part of the M90/A90 Edinburgh – Fraserburgh Trunk Road at Ferrytoll Junction and from Dalmeny to South Queensferry;
“A9000” means the A9000 Dalmeny — Inverkeithing Trunk Road formerly part of the A90;
“bridge” means that part of the A9000 known as the Forth Road Bridge from a point north of the bridge at Ordnance Survey grid reference NT 312585 680782 to a point south of the bridge at Ordnance Survey grid reference NT312468 678252, a distance of 2530 metres or thereby;
“bridge operator” means the person appointed by the bridge authority for the bridge to manage and maintain the bridge;
“carriageway” means that part of the road which is provided for the regular passage of vehicular motor traffic along the road;
“certified direct access instructor” has the meaning in regulation 64(2) of the Motor Vehicles (Driving Licences) Regulations 1999(2);
“cycle track” means that part of the road which is provided for the regular passage of pedal cycles along the road;
“footway” means that part of the road which is provided for the regular passage of pedestrians along the road;
“M90” means that part of the M90/A90 Edinburgh – Fraserburgh Trunk Road from Ferrytoll Junction to Queensferry Junction;
“pedal cycle” means a cycle whose motive power is provided solely by the legs of its rider or riders or which complies with requirements specified in Regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983(3);
“pedestrian” means the class of traffic set out in Class IX of the classes of traffic for the purposes of special roads in schedule 3 of the Road (Scotland) Act 1984(4);
“provisional licence” means a licence of the type described in section 97(2) and (3) of the Road Traffic Act 1988(5);
“roads” means the lengths of road described in the schedules of this Order.
Prohibition on use of road by vehicles
3.—(1) No person may use, or permit the use of, any vehicle on the lengths of carriageway of the lengths of road described in Part 1 of schedule 1 of this Order.
(2) No prohibition imposed by paragraph(1) applies to:-
(a) a bus within the meaning given by section 1 of the Public Passenger Vehicles Act 1981(6);
(b) a taxi or a private hire car within the meaning given by section 23 of the Civic Government (Scotland) Act 1982(7);
(c) a motor bicycle with an engine cylinder capacity equal to or less than 125 cubic centimetres;
(d) a motor bicycle with an engine cylinder capacity greater than 125 cubic centimetres where that vehicle is being driven by the holder of an appropriate provisional licence under the supervision of a certified direct access instructor;
(e) a motor bicycle with an engine cylinder capacity greater than 125 cubic centimetres where that vehicle is being driven by a certified direct access instructor supervising the driving of a vehicle as described in sub-paragraph (d);
(f) an agricultural vehicle with or without a trailer (not being a vehicle within Class I or II of the classes of traffic for the purposes of special roads as set out in schedule 3 of the Roads (Scotland) Act 1984) within the meaning in section 3 of the Road Vehicles (Construction and Use) Regulations 1986(8), as amended;
(g) a vehicle being used in an emergency or responding to an emergency for fire brigade, coastguard, ambulance or police purposes;
(h) a vehicle being used for carrying out any maintenance, inspection, clearance, cleaning, repair, alteration or improvement of any part of the roads, the bridge structure or any other length of road managed and maintained by the bridge operators;
(i) a vehicle being used for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works, apparatus in, on, under or over any part of the roads, the bridge structure or any other length of road managed and maintained by the bridge operator;
(j) a vehicle being used in the investigation of an accident or incident which has occurred on or near the roads or bridge structure;
(k) a vehicle being used in connection with a breakdown or mechanical defect or lack of fuel, oil or water, required for a vehicle, including in connection with the recovery and removal of that vehicle; or
(l) a vehicle being used in accordance with any direction given by a constable in uniform or in accordance with the indication given by a traffic sign,
provided that all such exempt vehicles must be fitted with pneumatic tyres and not fitted with metal tyres, revolving runners, deflated tyres or tyres fitted with metal studs or spikes.
(3) Any vehicle which would otherwise be exempt in accordance with paragraph 2 but does not conform with the Road Vehicles (Construction and Use) Regulations 1986 will not be exempt unless the roads authority has issued written consent to that vehicle using the road prior to the use of the road by that vehicle.
4.—(1) No person shall use, or permit the use of, any vehicle on the lengths of road specified in Part 2 of schedule 1.
(2) No prohibition imposed by paragraph (1) applies to—
(a) a bus within the meaning given by section 1 of the Public Passenger Vehicles Act 1981;
(b) a pedal cycle;
(c) a vehicle being used in an emergency or responding to an emergency for fire brigade, coastguard, ambulance or police purposes;
(d) a vehicle being used for carrying out any maintenance, inspection, clearance, cleaning, repair, alteration or improvement of any part of that road; or
(e) a vehicle being used for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works, apparatus in, on, under or over any part of that road.
(3) No person shall use, or permit the use of, any vehicle on the length of road specified in Part 3 of schedule 1.
(4) No prohibition...
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