The Traffic Signs Amendment (Scotland) Regulations and General Directions 2022

Made: 22nd March 2022

Laid before the Scottish Parliament: 24th March 2022

Coming into force: 23rd May 2022

In accordance with section 65(3ZC)[^f00007] of the 1984 Act, the Scottish Ministers have, in respect of the General Directions in Part 2, consulted with the Secretary of State.

PART 1 — The Traffic Signs Amendment (Scotland) Regulations 2022

Citation, commencement and extent

1

• (1) This Part of this instrument may be cited—

• (a) as the Traffic Signs Amendment (Scotland) Regulations 2022,

• (b) together with Part 2, as the Traffic Signs Amendment (Scotland) Regulations and General Directions 2022.

• (2) These Regulations come into force on 23 May 2022.

• (3) These Regulations extend to Scotland only.

Amendment of the Traffic Signs Regulations 2016

2

The Traffic Signs Regulations 2016[^f00008] are amended in accordance with regulations 3 to 7.

Amendment of regulation 3

3

• (1) Regulation 3 (prescription of signs) is amended as follows.

• (2) In the table in paragraph (3), in the entry for item 7—

• (a) in column 2, for “4” substitute “4B”,

• (b) in column 3, after “charging schemes” insert “and low emission zone schemes”.

Amendment of schedule 2

4

• (1) Schedule 2 (signs that warn of hazards and signs for bridges and other structures) is amended as follows.

• (2) In the table in Part 2 (warning signs and associated plates), in the entry for item 56, in column 4, in each of paragraphs 1 and 2—

• (a) after “Blind summit” insert “Concealed access”,

• (b) after “Pedestrians crossing”, insert “Pedestrians and cyclists crossing”.

Amendment of schedule 8

5

• (1) Schedule 8 (signs indicating the entrance to and the end of a pedestrian, or pedestrian and cycle, zone, and signs for charging schemes) is amended as follows.

• (2) In the heading, after “charging schemes” insert “and low emission zone schemes”.

• (3) In Part 1 (provisions applying to signs in Part 2), after paragraph 2 insert—

(3) In respect of items 1A and 2A, each lamp incorporated into the sign must show an intermittent amber light at a rate of flashing of not less than 60 nor more than 90 flashes per minute, and in such a manner that the lights of one horizontal pair are always illuminated when the lights of the other horizontal pair are not illuminated.

• (4) In the table in Part 2 (signs indicating pedestrian and pedestrian and cycle zones)—

• (a) after the entry for item 1 insert—

• (b) after the entry for item 2, insert—

• (5) After Part 4 (signs and markings indicating a congestion charging zone), insert—

(1) The information of a description in column 2 of an item in the sign table in Part 4B must be conveyed by a sign that is— (a) of the colour and type, and (b) complies with the requirements as to size, shown in the diagram in column 3 of the item. Sign table — Schedule 8, Part 4B

Amendment of schedule 11

6

• (1) Schedule 11 (signs that give information, are advisory or guide traffic) is amended as follows.

• (2) In the table in Part 2 (upright signs)[^f00009]—

• (a) after the entry for item 21 insert—

• (b) in the entry for item 55, in column 4, for “1” substitute “1A”.

• (3) In Part 5 (permitted variants of the signs in Parts 2 and 4)—

• (a) after paragraph 1 insert—

(1A) (1) The distance may be varied. (2) A second distance may be added, in which case the word ‘and’ must be shown after the first distance.

• (b) after paragraph 39(5) insert—

(6) The legend, border and background may be in any contrasting colours except red.

• (c) after paragraph 58 insert—

(59) When placed on a non-primary route the sign must be varied so that the background colour is white and the border, any legend and any symbol (other than the red border of the roundel) is black. (60) The numerals may be varied.

• (4) In Part 6 (requirements applying to signs in Parts 2 and 4), at the end insert—

(16) The sign must only be used to indicate a reduction in the maximum speed limit of at least 20 mph.

Amendment of schedule 12

7

• (1) Schedule 12 (directional signs) is amended as follows.

• (2) In the table in Part 11 (general symbols that may appear on plates in Part 2), after the entry for item 36 insert—

• (3) In the table in Part 17 (symbols indicating types of tourist destinations and leisure facilities in Scotland), for the entry for item 4 substitute—

• (4) In the table in Part 20 (warning and regulatory symbols that may be incorporated on directional signs), after the entry for item 45 insert—

• (5) In the table in Part 24 (arrows, symbols and panels that may be placed on a services sign), after the entry for item 17 insert—

• (6) In the table in Part 26 (miscellaneous signs indicating services and local facilities), in the entry for item 6—

• (a) in column 2, for “which provides parking, public toilets, refreshments and fuel during normal shop opening hours at least” substitute “which provides parking and public toilets or fuel during normal shop opening hours”,

• (b) in column 3, for diagram 2308.1 substitute the diagram shown in the schedule,

• (c) in column 4, in paragraph 6, omit “other than the “WC”, petrol pump and cup (denoting light refreshments)”.

• (7) In the table in Part 28 (other directional signs) in the entry for item 22, in column 4, in paragraph 3, for “34 or 35 or omitted” substitute “34, 35 or 46 or omitted”.

Saving

8

Despite the amendments made by regulation 7(3) of these Regulations, any sign which—

• (a) is in place immediately before the date on which these Regulations come into force, and

• (b) is of a size, colour and type prescribed at item 4 of the table in Part 17 of schedule 12 (directional signs) of the Traffic Signs Regulations 2016 as they had effect immediately before that date,

is to be treated on and after that date as being of a size, colour and type prescribed by those Regulations.

PART 2 — The Traffic Signs Amendment (Scotland) General Directions 2022

Citation, commencement and extent

1

• (1) This Part of this instrument may be cited—

• (a) as the Traffic Signs Amendment (Scotland) General Directions 2022,

• (b) together with Part 1, as the Traffic Signs Amendment (Scotland) Regulations and General Directions 2022.

• (2) These Directions come into force on 23 May 2022.

• (3) These Directions extend to Scotland only.

Amendment of the Traffic Signs General Directions 2016

2

• (1) The Traffic Signs General Directions 2016[^f00011] are amended as follows.

• (2) In Part 5 of schedule 8 (the schedule 8 general directions)—

• (a) after paragraph 1(a), omit “and”,

• (b) after paragraph 1(b) insert—

(c) at item 1 of the sign table in Part 4B,

SCHEDULE — Diagram for insertion into Part 26 of schedule 12 of the Traffic Signs Regulations and General Directions 2016

Signed

JENNY GILRUTH — Authorised to sign by the Scottish Ministers — 22nd March 2022

Explanatory note

(This note is not part of the instrument)

EXPLANATORY NOTE

This instrument amends the Traffic Signs Regulations 2016 and the Traffic Signs Directions 2016, together cited as the Traffic Signs Regulations and General Directions 2016 (“the 2016 Regulations”).

Regulation 4 makes a minor amendment to schedule 2 of the 2016 Regulations by adding “Concealed access” and “Pedestrians and cyclists crossing” to the list of legends which may be used on plates associated with signs that warn of hazards and signs for bridges and other structures.

Regulation 5 amends schedule 8 of the 2016 Regulations by adding alternative versions of the signs indicating the entrance to, and the end of, a pedestrian, or pedestrian and cycle, zone. The alternative versions incorporate flashing lights instead of a time period in the upper panel.

Regulation 5 also inserts two new Parts into schedule 8 of the 2016 Regulations. New Part 4A sets out provisions applying to signs in Part 4B. New Part 4B prescribes signs indicating the existence of a low emission zone, the use of cameras to identify contraventions of a low emission zone scheme, the end of a low emission zone, and road markings indicating the commencement of a low emission zone.

Regulation 6 amends schedule 11 of the 2016 Regulations.

Regulation 6(1)(a) provides for a new sign intended to be used on primary routes to indicate the distance in hundreds of yards to the point that a reduced maximum speed limit begins. This sign can only be used where the maximum speed limit is being reduced by at least 20 mph. Regulation 6(3)(b) and (c) makes provision to enable an alternative version of the sign to be used on non-primary routes.

Regulation 6(2)(b) amends the variants which are permitted to be made to the sign which indicates the distance to a parking place ahead. The amendment allows for the distance to be varied, and for a second distance to be added to the sign.

Regulation 7 amends schedule 12 of the 2016 Regulations.

Regulation 7(2) provides for a new sign which is intended to indicate the existence of a service point for motor homes.

Regulation 7(3) provides for a new sign indicating property managed by Forestry and Land Scotland, and for a new sign indicating a nature reserve managed by the Royal Society for the Protection of Birds Scotland.

Regulation 7(4) provides for a new sign indicating the existence of a low emission zone.

Regulation 7(5) provides for the new sign for service points for motor homes to be added to the symbols that may be placed on a services sign.

Regulation 7(6) makes minor amendments to the sign which indicates a junction ahead leading to a small town or village which provides services. The amendment reduces the number and variety of services which are required to be offered before the sign can be used. Regulation 7(6)(b) and the schedule of these Regulations provides for a substitute diagram for this sign to be inserted into the 2016 Regulations. This will allow for the depiction on the sign of the availability of electric car charging points and service points for motor homes, in addition to those services which currently feature on the sign.

Regulation 8 makes saving provision to enable signs which are currently in place to continue to operate despite the amendments made by these Regulations.

Part 2, direction 2 provides that the low emission zone sign at item 1 in Schedule 8, Part 4B must only be placed to indicate the effect of an Act, order, regulation, bylaw, resolution or notice which restricts or prohibits the use of the road by traffic, and must be placed as near as practicable to the point the restriction or prohibition begins or ends.

A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this instrument, copies of which can be obtained from Transport Scotland, Buchanan House, 58 Port Dundas Rd, Glasgow G4 0HF or online at www.gov.scot.

Footnotes

[^f00001]: Section 64(1) and (2) of the 1984 Act confers powers on the “relevant authority”. The Scottish Ministers are the relevant authority in relation to functions exercisable within devolved competence by virtue of section 64(6A)(a) of that Act. For the definition of “relevant authority” see section 64(6A), which was inserted by the Wales Act 2017 (“the 2017 Act”) (c. 4), section 26(4).

[^f00002]: 1984 c. 27. Section 64(1) and (2) was amended by the 2017 Act, section 26(4).

[^f00003]: Section 65(1) of the 1984 Act confers powers on the “relevant authority”. The Scottish Ministers are the relevant authority in relation to functions exercisable within devolved competence by virtue of section 65(5)(a) of the 1984 Act. For the definition of “relevant authority” see section 65(5) of that Act, which was inserted by the 2017 Act, schedule 6, paragraph 37(6).

[^f00004]: Section 65(1) was substituted by the New Roads and Street Works Act 1991 (c. 22), schedule 8, Part 2, paragraph 48(2). It was amended by the Road Traffic Act 1991 (c. 40), schedule 4, paragraph 29 by the Scotland Act 2016 (“the 2016 Act”), section 41(5) and by the 2017 Act, schedule 6, Part 3, paragraph 37(2).

[^f00005]: The powers to make these Regulations and give these General Directions are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The instrument is subject to the negative procedure by virtue of section 33(4) of that Act.

[^f00006]: Section 134(7) and (8) was inserted by the 2016 Act (c. 11), schedule 2, Part 1, paragraph 12(5).

[^f00007]: Section 65(3ZC) was inserted by the 2016 Act, section 41(8) and amended by the 2017 Act, schedule 6, Part 3, paragraph 37(5).

[^f00008]: Part 1 of S.I. 2016/362, which was relevantly amended by S.S.I. 2018/161.

[^f00009]: The heading of Part 2 of Schedule 11 was amended by S.S.I. 2018/161.

[^f00010]: The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no. 207076, Scotland no. SC037654.

[^f00011]: Part 2 of S.I. 2016/362, to which there are amendments not relevant to these Directions.