The Scottish Government

« Previous | Contents | Next »

Listen

Section 4: The Legislative Framework

This section summarises the legislative framework governing the setting of local speed limits and speed limit signing.

Main speed limit legislation

43. Most road traffic law pertaining to speed limits is contained in the Road Traffic Regulation Act 1984 ( RTRA). Other relevant legislation includes the Roads (Scotland) Act 1984, where sections 36 to 39 cover road humps and sections 39A to C cover other traffic calming works.

44. Part VI of the RTRA deals specifically with speed limits. Sections 81-84 deal with different speed limits, restricted road status and the speed limit order making process.

45. Section 81 of the RTRA 1984 specifically makes it an offence for a person to drive a motor vehicle at a speed of more than 30 mph on a restricted road. Section 82(1)(b) defines a restricted road in Scotland as a road which is provided with "a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified" in regulations. The Restricted Roads (Classification or Type) (Scotland) Regulations 1985 specify that Class C or unclassified roads are restricted roads.

46. The establishment of speed limits is also a method through which legal sanctions can be brought to bear on those who exceed the limit set on a particular road. It is therefore important to preserve carefully all records relating to the making and validity of a speed limit and speed limit signs.

47. All mandatory speed limits, other than those on restricted roads, should be made by order under Section 84 of the RTRA. This includes the making of a 30 mph speed limit on a Class A or B road in Scotland and any Class C or unclassified road which is unlit.

48. Section 82(2) gives Traffic Authorities powers to remove restricted road status, and to give restricted road status to roads which are not restricted. However, the Executive's policy on the use of this power is that it should be used only to reinstate restricted road status in cases where a Class C or unclassified road with a system of street lighting has previously had its restricted road status removed.

49. If a Class C or unclassified road with street lighting has a 40 mph limit and this is to be reduced to 30 mph, it is necessary to revoke the 40 mph order and to apply section 82 to reinstate restricted road status. Similarly, where a speed limit of 30 mph is imposed on a C or unclassified road by order under section 84 because there is no street lighting, that order should be revoked if street lighting is subsequently provided.

50. Whilst the Department for Transport (DfT) believes that it is legally permissible to use section 82 to create a 30 mph speed limit on an unlit section of road, it believes that the best practice is to use section 84. That said, any current speed limits of 30 mph on A or B roads or any unlit road that were set using Section 82 are not, in DfT's view, illegal. Traffic Authorities are, however recommended to use Section 84 for future orders.

51. The consent of Scottish Ministers is required to the making of orders in respect of speed limits less than 30 mph, other than 20 mph.

Street lighting

52. It is generally recognised that a 'system' of carriageway lighting could be 3 or more lamps spaced not more than 185 metres apart. However, street or carriageway lighting (for the purposes of determining whether or not a road is restricted) is not necessarily restricted to street lamps, but may extend to lighting provided by authorities for other purposes.

53. Direction 11 of the Traffic Signs Regulations and General Directions 2002 ( TSRGD 2002) defines the requirements for the placing of speed limit repeater signs. This states that speed limit repeater signs cannot be placed along a road on which there is carriageway lighting not more than 185 metres apart and which is subject to a 30 mph speed limit. This Direction applies regardless of how the speed limit is imposed.

54. The Executive will not make exceptions to this rule. This means that it should be assumed that, unless an order has been made and the road is signed to the contrary, a 30 mph speed limit applies where there are three or more lamps throwing light on the carriageway and placed not more than 185 metres apart.

Speed limit signing

55. Whilst increased understanding and acceptance of speed limits will help compliance, drivers are ultimately aided by clear, visible and regular signing which enables them to know unhesitatingly what limit is in force.

56. Under Section 85 of the RTRA 1984 it is the duty of the Traffic Authority to erect and maintain prescribed speed limit signs on their roads in accordance with the Secretary of State's directions. The TSRGD 2002 prescribe the designs and conditions of use for traffic signs, including speed limit signing, in England, Scotland and Wales.

57. Traffic Authorities must follow these Regulations when signing speed limits. Special authorisation must be sought if Traffic Authorities wish to deviate from that which is prescribed. Signing that is contrary to the Regulations must not be installed without first seeking authorisation. Special authorisation applications should be sent to the Scottish Executive Enterprise, Transport and Lifelong Learning Department, Bus, Freight and Roads Division, Victoria Quay, Edinburgh, EH6 6QQ.

58. Care should be taken to ensure that all signs displaying a mandatory speed limit either comply fully with the Regulations or have been specially authorised. Signs that do not strictly follow the Regulations or have not been specially authorised are not legally placed. A person who fails to comply with a speed restriction shown in a traffic sign is generally charged with an offence under section 36 of the Road Traffic Act 1988. However, where the sign is not lawfully placed, no offence is committed under that section by the person speeding, resulting in failed prosecutions. Traffic Authorities should therefore remove any such signs, bring them into compliance with the Regulations or obtain special authorisation.

59. Lower maximum speed limits apply on certain roads to certain classes of vehicles. These are set out in Schedule 6 to the RTRA and in the Highway Code. Drivers of these vehicles are expected to be aware of this and follow these special limitations without having to be reminded by specific speed limit signs for particular vehicles. Traffic Authorities are not, therefore, permitted to erect different speed limit signs relating to different classes of vehicles.

60. The main types of speed limit, traffic calming, camera and related signing can be found at the following Diagram numbers within TSRGD 2002:

• Diagram 670 - Maximum Speed Limit sign
• Diagram 671 - National Speed Limit applies
• Diagrams 674 and 675 - 20 mph speed limit zone signs
• Diagrams 878, 879 and 880 - Camera warning signs
• Diagram 883 - Traffic Calmed Area sign
• Diagram 1062 - Road Hump marking
• Diagram 1065 - Carriageway Roundel road marking
• Diagram 2402.1 & 2403.1 - Town or village gateway sign (boundary sign) (may be combined on the same post or backing board with a speed limit sign)
• Diagram 7032 - Temporary new 30 mph speed limit sign
• Diagrams 557.1 to 557.4 - Road Hump signing

61. The main Directions for the use and placing of speed limit restrictions can be found at:

• Directions 8 and 9 - Beginning of speed limit restrictions
• Direction 10 - Ending of speed limit restrictions
• Direction 11 - Placement of speed limit repeater signs
• Direction 16 - Speed limits of 20 mph
• Directions 41 and 42 - Mounting and backing of signs

62. The TSRGD 2002 (as amended) included a number of changes to speed limit signing regimes. Annex A to this document summarises the key changes. The Department for Transport Circular 02/2003 gives fuller details of all the changes.

63. Further detailed advice on the form and siting of speed limit signs is given in Chapter 9 of the Traffic Signs Manual, including the correct signing of side road junctions. Traffic Advisory Leaflet 1/95 provides a guide to good practice on the placing of speed limit signs, including repeaters. Traffic Authorities should use this to inform their speed limit signing requirements to ensure there are no enforcement difficulties.

64. Vehicle activated signs ( VAS), triggered by approaching vehicles, have been developed to help address the problem of inappropriate speed. They must not be used as an alternative to standard static signing but as an additional measure to warn drivers of a potential hazard or to remind them of the speed limit in force. VAS have proved particularly effective in rural areas, particularly at the approaches to junctions and bends. TSRGD 2002 now allows greater flexibility on how and where VAS may be used (Regulation 58) and guidance is provided in Traffic Advisory Leaflet 1/03.

65. The TSRGD does not prescribe the use of Countdown Markers on the approach to speed limit terminal signs. However, in 1995 the former Scottish Office issued a "blanket authorisation" permitting their use at Traffic Authorities' discretion.

« Previous | Contents | Next »