The Motorways Traffic (England and Wales) (Amendment) Regulations 2004

• Citation: S.I. 2004/3258
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Motorways Traffic (England and Wales) (Amendment) Regulations 2004 and shall come into force on 1st January 2005.

Section 2 Preliminary

The Motorways Traffic (England and Wales) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.

Section 3 Interpretation

In regulation 3(1), after sub-paragraph (f) insert—

(ff) “traffic officer” means an individual designated as such by, or under an authority given by, the Secretary of State or the National Assembly for Wales in accordance with section 2 of the Traffic Management Act 2004 ;

Section 4 Amendments relating to use of right hand or off side lane

(1) Regulation 12 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 applies or would apply but for paragraph (14)(a) or (b) of that regulation;

(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;

Section 5 Amendments relating to exceptions and relaxations

(1) Regulation 16 shall be amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a), after “uniform” insert “, a traffic officer in uniform ”;

(b) in sub-paragraph (b), after “given by” insert “a traffic officer in uniform or”; and

(c) in sub-paragraph (d), after “constable” insert “, a traffic officer, when in uniform,”.