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Section 40 Interpretation of sections 36 to [39C].F1C1

Scotland

In sections 36 to 39C of this Act—

“authorised” means specially authorised by the Secretary of State;

“motor vehicle” has the same meaning as in the M1Road Traffic regulation Act 1984;

“road hump” means an artificial hump which is in, or on the surface of, a road and which is designed to control the speed of vehicles; and references to a road hump include references to any other works (including signs or lighting) required in connection with such a hump; F2. . .

“statutory”, in relation to a speed limit, means having effect by virtue of an enactment F3other than section 84(1)(b) or (c) of the Road Traffic Regulation Act 1984 (temporary and variable speed limits)F4; and

F5“traffic calming works”, in relation to a road, means works affecting the movement of vehicular or other traffic for the purpose of—

(a)

promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11)), or

(b)

preserving or improving the environment through which the road runs.

Annotations

Textual amendments

F1

Words in s. 40 substituted (16.5.1992) by virtue of Traffic Calming Act 1992 (c. 30), ss. 2(a), 3

F2

Words in s. 40 ceased to have effect (16.5.1992) by virtue of Traffic Calming Act 1992 (c. 30), ss. 2(b), 3

F3

S. 40: words in definition of "statutory" added (1.7.1992) by Road Traffic Act 1991 (c. 40, 107:1), s. 48, Sch. 4 para. 38(2); S.I. 1992/1286, art. 2, Sch. (with S.I. 1992/1410)

F4

Words in s. 40 added (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 2(c), 3

F5

Words in s. 40 substituted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 2 para. 17(2); S.I. 2004/3281, art. 2(3)(4)(a)

Marginal citations

M1

1984 c. 27.

Modifications

C1

S. 40 definition of "road hump" applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 58, 108), s. 145(3)(d), (with saving s. 167(4)(5)); S.I. 1992/1671, art. 2, Sch.

Notes on Interpretation: Road humps and other traffic calming works

Textual amendments

F1

Heading after s. 39C inserted (16.5.1992) by Traffic Calming Act 1992 (c. 30), ss. 2(1), 3, Sch. 2