OpenLegislation

Regulation 14 Exceptions and relaxationsI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Nothing in the foregoing provisions of these Regulations shall preclude any person from using a motorway otherwise than in accordance with those provisions in any of the following circumstances, that it to say—

(a)

where he does so in accordance with any direction or permission given by a constable in uniform or in accordance with the indication given by a traffic sign;

(b)

where in accordance with any permission given by a constable, he does so for the purpose of investigating any accident which has occurred on or near a motorway;

(c)

where it is necessary for him to do so to avoid or prevent an accident or to obtain or give help required as a result of an accident or emergency, and he does so in such manner as to cause as little danger or inconvenience as possible to other traffic on a motorway;

(d)

where he does so in the exercise of his duty as a constable or as a member of F1... an ambulance service F2or as an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) employed for the purposes of that authority;

F3(da)

so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), where he does so as a member of the Serious Organised Crime Agency for the purposes of that Agency;

F4(db)

so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters, where that person does so as a member of the Serious Organised Crime Agency for the purposes of that Agency;

(e)

where it is necessary for him to do so to carry out in an efficient manner—

(i)

the maintenance, repair, cleaning, clearance, alteration or improvement of any part of the motorway, or

(ii)

the removal of any vehicle from any part of a motorway, or

(iii)

the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of a motorway; or

(f)

where it is necessary for him to do so in connection with any inspection, survey, investigation or census which is carried out in accordance with any general or special authority granted by the Secretary of State.

(2)

Without prejudice to the foregoing provisions of these Regulations, the Secretary of State may relax any prohibition or restriction imposed by these Regulations.

Annotations

Textual amendments

F1

Words in reg. 14(1)(d) revoked (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, sch. 2; S.S.I. 2005/392, art. 2

F2

Words in reg. 14(1)(d) inserted (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, sch. 1 para. 17; S.S.I. 2005/392, art. 2

F3

Reg. 14(1)(da) inserted (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (S.I. 2006/594), art. 1, Sch. para. 11

F4

Reg. 14(1)(db) inserted (S.) (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments) (Scotland) Order 2006 (S.S.I. 2006/129), art. 1, sch. para. 4

Commencement

I1

Reg. 14 in force at 23.10.1995, see reg. 1(1)