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by Les Oldridge AIRTE, AMIMI
Motorways (2)
NO VEHICLE is permitted to stop or remain at rest on the motorway carriageway except for the following reasons: breakdown or mechanical defect or lack of fuel, oil or water required for the vehicle; any accident, illness or other emergency; to permit any person-to recover or move any object which has fallen on to a motorway; or to allow someone to get off the vehicle to give help to another person in any of the circumstances previously mentioned. In any of these cases the vehicle must, as soon as is reasonably practicable, be driven or moved off the carriageway on to the verge.
A vehicle permitted to stop on the verge in the foregoing circumstances must be parked in such a position that no part of it, or its load, obstructs or causes danger to vehicles using the carriageway. It must not remain at rest on the verge for longer than is necessary in the circumstances.
Reservation ban This regulation goes on to say, sensibly you may think, that no offence is committed if the vehicle is prevented from continuing along the carriageway by the presence on the carriageway of any other vehicle, person or object. No vehicle is permitted to be driven, moved, to be stopped or remain at rest on a central reservation.
No person on foot is allowed on a motorway except where it is necessary for one of the purposes already described but pedest
rians may use the motorway in cases of accidents or emergency and where they do so in the exercise of their duty as members of the police force, fire brigade or ambulance service. There are also exemptions for pedestrians responsible for maintenance, repair, inspection, census, etc.
Where animals are carried in vehicles on motorways the person in charge must ensure, so far as is practicable, that the animal is not removed from or allowed to leave the vehicle and, if it escapes, or it has to be removed, then it must be kept on a lead and under proper control.
Certain vehicles must not be driven, moved or stopped or permitted to remain at rest in the right-hand or offside lane of any length of carriageway with three-lane traffic all moving in the same direction. This restriction applies to ALL vehicles except the following:— (i)(a) motor cars with an unladen weight not exceeding 3 tons, or (b) heavy motor cars constructed solely for the carriage of passengers and their effects and not adapted or used for any other purpose; or (c) a motorcycle; (ii) a motor vehicle drawing a trailer.
Passing exception This prohibition does not apply when any vehicle is driven on to the offside lane in order to pass another vehicle which is carrying a load of such exceptional width that it is not possible to pass it without so doing.
None of the restrictions described apply to anything done as directed or permitted by a police constable in uniform or as indicated by a traffic sign. Neither do they apply to anything done to avoid or prevent an accident or to give help in an accident or emergency if as little danger and inconvenience is caused to other road users. As is to be expected, the restrictions do not apply to the emergency services in the course of their duties or to such persons as repair and maintenance workers.
The Motor Vehicles (Speed Limit on Motorways) Regulations 1966 exempt all vehicles of whatever class lawfully used on motorways from speed limits except that vehicles drawing a trailer (not being articulated vehicles) are subject to 40 mph if the trailer has less than four wheels or is a closecoupled four-wheel trailer.
A passenger vehicle drawing one trailer in respect of which a public service vehicle licence is in force may not exceed 50 mph. The Motorways Traffic (Speed limits) (England) Regulations 1967, however, impose a 70 mph limit on all traffic using motorways except those for which a lower limit applies. In that case, of course, the lower limit applies.
Part 4 of the Highway Code deals with motorway driving and as well as giving general advice sets out in abbreviated form much of the law which I have dealt with. Although the advice given is not actual law. Section 74 of the Road Traffic Act 1960 provides that failure to observe any provisions contained in the Code may be relied on by any party in court proceedings as tending to establish or negative any liability which is in question in those proceedings. In other words, failing to obey a certain provision of the code could be brought out in evidence in a court in support of a charge of dangerous driving.