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Third-lane truck ban
Page 8
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• In a case which sets an important precedent, the High Court has ruled that the third lane of motorways is barred to all goods vehicles even those under 7.5 tonnes unladen.
The court dismissed an appeal by driver Neil McCrory against his conviction by St Albans Magistrates for driving in the outside lane of the M25.
For McCrory, it was argued that though his twoaxled rigid truck came within the description of a goods vehicle, its operating weight was below 7.5 tonnes so it was not prohibited from using the outside lane. But Lord Justice Mann said that there was no doubt that the vehicle fell within the definition of a heavy motor car, as defined by Section 136(3) of the Road Traffic Regulation Act 1984, and was thus prohibited from using the outside lane by Regulation 12 of the Motorways Traffic (England and Wales) Regulations.
The Freight Transport Association says it is high time to change the law defining which vehicles are allowed in the third lane.
Don McIntyre, FTA controller of highways and traffic, says one or two police forces around the country are stringently applying the letter of the law, even though the Department of Transport has expressed its intention of removing the anomaly. But, he fears, a change in the law is unlikely until the Government corn pletes its M25 review.
The anomaly derives from the time when road transport regulations were metricated, when the law was couched to apply to CVs over 7.5 tonnes and "heavy motor cars" above 3,050kg. All 7.5-tonners may be driven on a car licence at the 70mph national limit. The High Court decision is a reminder that only those with an unladen weight below 3,050kg may use the third lane.