OpenLegislation

Paragraph 4 Exceptions applicable to paragraphs 1 and 3I1

England, Wales and Scotland

(1)

The prohibition in paragraphs 1 and 3 does not apply to a vehicle being used for at least one of the following purposes—

(a)

fire and rescue authority;

(b)

Scottish Fire and Rescue Service;

(c)

traffic officer;

(d)

ambulance;

(e)

providing a response to an emergency at the request of an NHS ambulance service;

(f)

bomb or explosive disposal;

(g)

special forces;

(h)

police; and

(i)

National Crime Agency.

(2)

The prohibition in paragraphs 1(1) and 3 does not apply in respect of—

(a)

a vehicle that has stopped with the permission or at the direction of—

(i)

a constable in uniform;

(ii)

a traffic warden; or

(iii)

a traffic officer in uniform;

(b)

a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;

(c)

in respect of paragraph 1 only, a taxi which is stationary only for so long as may be reasonably necessary for a passenger to board or alight and to load or unload any luggage of the passenger (but this exemption does not apply in relation to a marking on a red route where paragraph 12 of Part 5 applies);

(d)

a marked vehicle which, whilst used by a universal service provider in the course of the provision of a universal postal service, is stationary only for so long as may be reasonably necessary for postal packets to be collected;

(e)

in respect of paragraph 1 only, a vehicle driven by a person whilst being trained to drive a bus operating local services who, as part of that training, stops the vehicle on the road marking for no longer than necessary to simulate the stopping of a bus at a bus stop for the purpose of picking up and setting down passengers;

(f)

a vehicle which is stationary in order that it may be used for one or more of the purposes specified in sub-paragraph (3) and which cannot be used for such a purpose without stopping on the marking.

(3)

The purposes are—

(a)

any operation involving building, demolition or excavation;

(b)

the removal of any obstruction to traffic;

(c)

the maintenance, improvement or reconstruction of a road;

(d)

constructing, improving, maintaining or cleaning any street furniture (including, in respect of paragraph 1 only, bus stop infrastructure); or

(e)

the laying, erection, alteration, repair or cleaning of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any electronic communications apparatus kept installed for the purposes of an electronic communications code F1network or of any other electronic communications apparatus lawfully kept installed in any position.

(4)

In this paragraph, the expressions “universal service provider”, “provision of a universal postal service” and “postal packet” have the same meanings as in the Postal Services Act 2000f1.

Annotations

Textual amendments

F1

Word in Sch. 7 Pt. 6 para. 4(3)(e) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 58(2)

Commencement

I1

Sch. 7 Pt. 6 para. 4 in force at 22.4.2016, see reg. 1(b)

Footnotes

f1

2000 c. 26.