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REC/S5/19/19/A

RURAL ECONOMY AND CONNECTIVITY COMMITTEE

AGENDA

19th Meeting, 2019 (Session 5)

Wednesday 5 June 2019 The Committee will meet at 9.00 am in the Mary Fairfax Somerville Room (CR2). 1. Subordinate legislation: The Committee will consider the following negative

instruments—

The Motorways Traffic (Scotland) Amendment Regulations 2019 (SSI 2019/168) The A90 Trunk Road (Aberdeen Western Peripheral Route) (Stonehaven to Blackdog) (Prohibitions and Restrictions) Regulations 2019 (SSI 2019/166) The A956 Trunk Road (Aberdeen Western Peripheral Route) (Cleanhill to Charleston) (Prohibitions and Restrictions) Regulations 2019 (SSI 2019/167)

2. Transport (Scotland) Bill: The Committee will consider the Bill at Stage 2 (Day 1).

Steve Farrell Clerk to the Rural Economy and Connectivity Committee

Room T3.40 The Scottish Parliament

Edinburgh Tel: 0131 348 5211

Email: [email protected]

REC/S5/19/19/A

The papers for this meeting are as follows— Agneda Item 1

SSI Cover Note

REC/S5/19/19/1

Rural Economy and Connectivity Committee

19th Meeting, 2019 (Session 5), Wednesday 5 June 2019

Subordinate Legislation

1. The Committee will consider the following instruments:

Negative procedure

• The Motorways Traffic (Scotland) Amendment Regulations 2019

• The A90 Trunk Road (Aberdeen Western Peripheral Route) (Stonehavento Blackdog) (Prohibitions and Restrictions) Regulations 2019

• The A956 Trunk Road (Aberdeen Western Peripheral Route) (Cleanhill toCharleston) (Prohibitions and Restrictions) Regulations 2019

2. The Annexes, for each document respectively, contain the clerk’s note, thedocument itself and the Scottish Government’s policy note.

Recommendation

The Committee is invited to consider any issues that it wishes to raise in relation to these instruments.

Rural Economy and Connectivity Committee Clerks May 2019

REC/S5/19/19/1

1

Annex A

The Motorways Traffic (Scotland) Amendment Regulations 2019

Type of Instrument: Negative

Laid Date: 17 May 2019

Coming into force: 30 June 2019

Minister to attend the meeting: No

Procedure

1. Under the negative procedure, an instrument comes into force on the datespecified on it (the “coming into force date”) unless a motion to annul is agreed toby the Parliament within the 40-day period. Lead committees are not obliged toreport to the Parliament on negative instruments, except where a motionrecommending annulment has been lodged.

Policy Objectives and Background

2. These Regulations amend the Motorways Traffic (Scotland) Regulations 1995(“the 1995 Regulations”) which regulate the use of motorways in Scotland. TheseRegulations amend the schedule of the 1995 Regulations to add the specialroads comprising the Aberdeen Western Peripheral Route to the special roadsexcepted from the application of the 1995 Regulations, as the Aberdeen WesternPeripheral Route is not a motorway.

3. The instrument and Policy Note are attached, as well as being available online atthe link above.

Consideration by the Delegated Powers and Law Reform Committee

4. At its meeting on 28 May 2019, the Delegated Powers and Law Reform (DPLR)Committee considered the instrument and no points were raised.

REC/S5/19/19/1

2

http://www.legislation.gov.uk/ssi/2019/168/contents/made

http://www.scottish.parliament.uk/parliamentarybusiness/24417.aspx

https://digitalpublications.parliament.scot/Committees/Report/DPLR/2019/5/29/Subordinate-legislation-considered-by-the-Delegated-Powers-and-Law-Reform-Committee-on-28-May-2019#No-points-raised


POLICY NOTE

THE MOTORWAYS TRAFFIC (SCOTLAND) AMENDMENT REGULATIONS 2019

S.S.I. 2019/168

The above regulations are made in exercise of powers conferred by section 17(2), (3) (3ZA)

of the Road Traffic Regulation Act 1984. The regulations are subject to negative procedure.

Policy Objectives

The regulations amend the Motorways Traffic (Scotland) Regulations 1995 (“the 1995

Regulations”) which regulate the use of motorways in Scotland.

These regulations amend the Schedule of the 1995 Regulations to add the special roads

comprising the Aberdeen Western Peripheral Route (AWPR) (listed below) to the special

roads excepted from the application of the 1995 Regulations, which otherwise would be

classed as motorways and covered by the 1995 Regulations.

Background

The regulations are connected to the Aberdeen Western Peripheral Route / Balmedie to

Tipperty (AWPR/B-T) project.

The AWPR was built as a special road under three separate schemes which were made on

14January 2010 and came into force on 31 March 2010. These were:

• The A90 (Aberdeen Western Peripheral Route) Special Road Scheme 2010 (S.S.I.

2010/79);

• The A90 (Aberdeen Western Peripheral Route) (Craibstone Junction) Special Road

Scheme 2010 (S.S.I. 2010/81); and


2010/83).

The special road schemes prescribe classes I and II of the classes of traffic set out in Schedule

3 to the Roads (Scotland) Act 1984 to use the special roads. However, the AWPR special

roads are not designed for use as a motorway and no hard shoulder is provided on the AWPR.

Consultation on the AWPR project was initially undertaken in the early development stages

of the scheme through non-statutory methods (such as public exhibitions, public meetings,

presentations etc.). Then the publication of Draft Road Orders and Environmental Statement

in December 2006, September 2007 and May 2008 marked the start of the formal, statutory

consultation process which is required under the terms of the Roads (Scotland) Act 1984.

Individuals formally objected to the scheme and each objection was responded to. A Public

Local Inquiry (PLI) took place between September 2008 and February 2009 to examine

Certified copy from legislation.gov.uk Publishing REC/S5/19/19/1

3

evidence in relation to objections lodged and to make recommendations to Scottish Ministers

who subsequently decided in December 2009 that the scheme would proceed. Made Orders

were published in March 2010.

Scottish Ministers approved the development of the Balmedie to Tipperty (B-T) project in

June 2005. In November 2007, Draft Road Orders and the Environmental Statement were

published. A PLI was held in August 2009. Scottish Ministers subsequently made the

decision in November 2010 to combine the Balmedie to Tipperty project with the AWPR

project. Hence, the AWPR/B-T project was approved for construction in January 2011.

The AWPR/B-T project has been opened in various phases since the first section opened to

traffic, which included Craibstone and Dyce Junctions, in August 2016. Temporary Traffic

Regulation Orders (TTROs) were required to temporarily regulate the new sections of roads

being opened with each phase. These TTROs were made in lieu of these permanent

regulations coming into force. The latest TTRO was made on 17 December 2018 with latest

amendments made on 28 January 2019.

Consultation

In accordance with section 134(8) of the Road Traffic Regulation Act 1984, the Scottish

Government have consulted the following bodies:-

Police Scotland

Aberdeen City Council

Aberdeenshire Council

Other consultees included:-

Community Councils

Local Councillors

Scottish Fire and Rescue Service

AWPR/B-T Operation and Maintenance

Freight Transport Association

Trafficmaster Travel

First Group

Stagecoach North Scotland

Cycling UK Scotland

Road Haulage Association Ltd

Highland Cycle Campaign

Motorcycle Action Group

Royal Mail

There were no adverse comments to the proposals.

A consultation report was prepared. The report is available on the Transport Scotland website

at https://www.transport.gov.scot/projects/aberdeen-western-peripheral-route-balmedie-to-

tipperty/document-library/


4

Financial Effects

The regulations have no financial effects on the Scottish Government, local government or

business.

Impact

The regulations align with the overall safe operation of the AWPR/B-T and there will be no

impact on businesses or road users. Therefore, no Business and Regulatory Impact

Assessment (BRIA) was necessary. An Equality Impact Assessment (EqIA) was not

considered necessary given the nature of the regulations.

Transport Scotland

May 2019


5

S C O T T I S H S T A T U T O R Y I N S T R U M E N T S

2019 No. 168

ROAD TRAFFIC

The Motorways Traffic (Scotland) Amendment Regulations

2019

Made - - - - 15th May 2019

Laid before the Scottish Parliament 17th May 2019

Coming into force - - 30th June 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by

section 17(2), (3) and (3ZA) of the Road Traffic Regulation Act 1984(a) and all other powers

enabling them to do so.

In accordance with section 134(8)(b) of that Act they have consulted with such representative

organisations as they think fit.

Citation and commencement

1. These Regulations may be cited as the Motorways Traffic (Scotland) Amendment

Regulations 2019 and come into force on 30 June 2019.

Amendment of the Motorways Traffic (Scotland) Regulations 1995

2.—(1) The Motorways Traffic (Scotland) Regulations 1995(c) are amended in accordance with

paragraph (2).

(2) At the end of the schedule insert—

“4. The special road authorised to be provided by the A956 (Aberdeen Western

Peripheral Route) Special Road Scheme 2010(d).

5. The special road authorised to be provided by the A90 (Aberdeen Western Peripheral

Route) Special Road Scheme 2010(e).

(a) 1984 c.27. Section 17(2) was amended by the New Roads and Street Works Act 1991 (c.22), schedule 8, paragraph 28, by the Road Traffic Act 1991 (c.40), schedule 4, paragraph 25 and schedule 8, paragraph 1, and by the Scotland Act 2012 (c.11), section 21(3). Section 17(3ZA) was inserted by the Scotland Act 2012 (c.11), section 21(4).

(b) Section 134(8) was inserted by the Scotland Act 2016 (c.11), schedule 2, Part 1, paragraph 12(5). (c) S.I. 1995/2507 as relevantly amended by S.I. 1996/2664 and S.S.I. 2004/53. (d) S.S.I. 2010/83. (e) S.S.I. 2010/79.


6

6. The special road authorised to be provided by the A90 (Aberdeen Western Peripheral

Route) (Craibstone Junction) Special Road Scheme 2010(a).”.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

15th May 2019

(a) S.S.I. 2010/81.


7

3

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motorways Traffic (Scotland) Regulations 1995 (“the 1995

Regulations”) which regulate the use of motorways in Scotland.

These Regulations amend the schedule of the 1995 Regulations to add the special roads

comprising the Aberdeen Western Peripheral Route to the special roads excepted from the

application of the 1995 Regulations, as the Aberdeen Western Peripheral Route is not a motorway.


8

Annex B

The A90 Trunk Road (Aberdeen Western Peripheral Route) (Stonehaven to Blackdog) (Prohibitions and Restrictions) Regulations 2019

Type of Instrument: Negative

Laid Date: 17 May 2019

Coming into force: 30 June 2019

Minister to attend the meeting: No

Procedure

5. Under the negative procedure, an instrument comes into force on the datespecified on it (the “coming into force date”) unless a motion to annul is agreed toby the Parliament within the 40-day period. Lead committees are not obliged toreport to the Parliament on negative instruments, except where a motionrecommending annulment has been lodged.


6. The Regulations make provision for the regulation of traffic using the part of theM90/A90/A9000 Edinburgh – Fraserburgh Trunk Road which is part of the specialroads known as the Aberdeen Western Peripheral Route (AWPR).

7. The Regulations also implement authorisations for otherwise excluded traffic inspecific circumstances, as well as various exceptions and relaxations from therestrictions provided for in the Regulations.

8. Details of the specific restrictions proposed for this section of the AWPR aredetailed in the Policy Note.

9. No business and regulatory impact assessment has been prepared for theseRegulations as no impact upon business, charities or voluntary bodies isforeseen.

10. The instrument and Policy Note are attached, as well as being available online atthe link above.

Consideration by the Delegated Powers and Law Reform Committee

11. At its meeting on 28 May 2019, the Delegated Powers and Law Reform (DPLR)Committee considered the instrument and no points were raised.

REC/S5/19/19/1

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http://www.legislation.gov.uk/ssi/2019/166/made

http://www.legislation.gov.uk/ssi/2019/166/made




POLICY NOTE

THE A90 TRUNK ROAD (ABERDEEN WESTERN PERIPHERAL ROUTE)

(STONEHAVEN TO BLACKDOG) (PROHIBITIONS AND RESTRICTIONS)

REGULATIONS 2019

S.S.I. 2019/166

The above regulations are made in exercise of powers conferred by section 17(2), (3) and

(3ZA) of the Road Traffic Regulation Act 1984. The regulations are subject to negative

procedure.

Policy Objectives

The Regulations make provision for the regulation of traffic using the part of the

M90/A90/A9000 Edinburgh – Fraserburgh Trunk Road which is part of the special roads

known as the Aberdeen Western Peripheral Route (AWPR).

The Regulations implement specific restrictions regarding the use of the AWPR special road

section of the A90 for the following purposes –

• compliance with no-entry signs

• one-way driving only

• prohibition on use of central reservation and verges

• prohibition on stopping on the carriageway

• prohibition on reversing

• prohibition on use of emergency laybys

• animals to be kept in vehicles or otherwise under control

• a speed limit of 70 miles per hour on the mainline of the AWPR

• a speed limit of 40 miles per hour on specified lengths of the AWPR

The Regulations also implement authorisations for otherwise excluded traffic in specific

circumstances, as well as various exceptions and relaxations from the restrictions provided

for in the Regulations.

Background

The regulations will regulate the use of the special road section of the A90 which has been

constructed as part of the Aberdeen Western Peripheral Route / Balmedie to Tipperty

(AWPR/B-T) project.

The AWPR was built as a special road under three separate schemes which were made on 14

January 2010 and came into force on 31 March 2010. These were:


10


2010/79);


Scheme 2010 (S.S.I. 2010/81); and


2010/83).


3 to the Roads (Scotland) Act 1984 to use the special roads.






















Consultation

In accordance with section 134(8) of the Road Traffic Regulation Act 1984 the Scottish


Police Scotland





11

Community Councils

Local Councillors





First Group


Cycling UK Scotland




Royal Mail





Financial Effects


business.

Impact

The regulations align with the overall operation of the AWPR/B-T and there will be no




Transport Scotland

17 May 2019


12


2019 No. 166

ROAD TRAFFIC

The A90 Trunk Road (Aberdeen Western Peripheral Route)

(Stonehaven to Blackdog) (Prohibitions and Restrictions)

Regulations 2019

Made - - - - 15th May 2019









1. These Regulations may be cited as the A90 Trunk Road (Aberdeen Western Peripheral Route)

(Stonehaven to Blackdog) (Prohibitions and Restrictions) Regulations 2019 and come into force

on 30 June 2019.

Interpretation

2. In these Regulations—

“AWPR” means, unless the context otherwise requires, the lengths of carriageway specified in

Part 1 of the schedule and includes any central reservations, emergency laybys and verges,

“A96 Trunk Road” means the lengths of the A96 Craibstone – Inverness Trunk Road

constructed under the A96 (Aberdeen Western Peripheral Route) Trunk Road Order 2010(c),

“carriageway” means a part of a road which is provided for the regular passage of vehicular

motor traffic, including slip roads,

“central reservation” means a part of a road which separates the carriageway to be used by

vehicles travelling in one direction from the carriageway to be used by vehicles travelling in

the opposite direction,


(b) Section 134(8) was inserted by the Scotland Act 2016 (c.11) schedule 2, Part 1, paragraph 12(5). (c) S.S.I. 2010/82.


13

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland)

Act 2012(a),

“emergency layby” means a part of a road which is designed to take the weight of a vehicle, is

adjacent to and situated on the left hand side of the carriageway when facing in the direction in

which vehicles may be driven in accordance with regulation 4, and which is marked with

traffic signs of the type described as blank diagram 1 in Part 1, and item 9 (stopping prohibited

in a layby except in emergency) of the sign table in Part 3 of schedule 4 of TSRGD 2016,

“excluded traffic” means traffic which is not traffic of classes I or II of the classes of traffic

specified in schedule 3 of the 1984 Act,

“the 1984 Act” means the Roads (Scotland) Act 1984(b),

“TSRGD 2016” means the Traffic Signs Regulations and General Directions 2016(c),

“verge” means any part of a road which is not a carriageway, an emergency layby or a central

reservation.

No entry

3. A person must not by vehicle enter any length of the AWPR specified in Part 2 of the

schedule at a point where a prohibition against entry is identified as applying to that length of the

AWPR, or a part or parts of that length of the AWPR, by means of a traffic sign of the type

described in item 10 (diagram 616 – no entry for vehicular traffic) of the sign table in Part 2 of

schedule 3 of the TSRGD 2016.

Direction of driving

4.—(1) On any length of the carriageway of the AWPR which—

(a) is not adjacent to a central reservation, and

(b) can be entered at one end only,

a person may drive or move a vehicle only from the point of entry of that length of carriageway of

the AWPR towards the other end.

(2) On any length of the carriageway of the AWPR that is adjacent to a central reservation a

person must not drive or move a vehicle such that the central reservation is on the left-hand side of

the vehicle.

(3) A person must not drive or move a vehicle on any length of the AWPR so as to cause it to

turn and proceed in or face the opposite direction.

Prohibition on use of the central reservation or verge

5. A person must not drive, move or stop a vehicle, or allow it to remain at rest, on a central

reservation or verge on any length of the AWPR.

Restriction on stopping

6.—(1) A person must not stop a vehicle, or allow it to remain at rest, on any length of the

carriageway of the AWPR.

(2) Paragraph (1) does not apply where it is necessary for a person to stop a vehicle on the

carriageway—

(a) because of a breakdown or mechanical defect or lack of fuel, oil or water, required for the

vehicle,

(b) because of any accident, illness or other emergency,

(a) 2012 asp 8. (b) 1984 c.54. (c) S.I. 2016/362 to which there are amendments not relevant to these Regulations.


14

(c) to permit any person carried in or on the vehicle to recover or move any object which has

fallen on the road, or

(d) to permit any person carried in or on the vehicle to give help which is required by any

other person in any of the circumstances specified in the provisions of this paragraph.

(3) As soon as it is reasonably practicable and safe to do so, a person who has stopped a vehicle

in accordance with paragraph (2) must drive or move that vehicle on to an emergency layby.

(4) A person must not allow a vehicle or its load which is at rest in an emergency layby—

(a) to obstruct or be a cause of danger to vehicles using the carriageway, or

(b) to remain at rest for longer than is necessary in the circumstances or for the purposes

specified in paragraph (2).

(5) This regulation does not prohibit a vehicle from being stopped, or allowed to remain at rest,

on the carriageway—

(a) while it is prevented from proceeding along the carriageway by the presence of any other

vehicle, person or object, or

(b) in order to allow pedestrians or pedal cyclists to cross the carriageway at a place on the

carriageway where provision is made for them to do so.

Restriction on reversing

7. A person must not drive or move a vehicle backwards on any length of the AWPR except to

the extent that it is necessary to enable that vehicle to proceed forwards or to be connected to any

other vehicle.

Restriction on the use of emergency laybys

8. A person must not drive, move or stop a vehicle, or allow it to remain at rest, in an emergency

layby on any length of the AWPR, except in accordance with regulation 6(3) and (4).

Restrictions affecting animals carried in vehicles

9.—(1) A person in charge of an animal which is carried in a vehicle must not, so far as is

practicable while the vehicle is on any length of the AWPR—

(a) remove the animal from the vehicle, or

(b) permit the animal to leave the vehicle.

(2) If an animal escapes from, or it is necessary for it to be removed from, or to be permitted to

leave a vehicle on any length of the AWPR, any person in charge of that animal must not, so far as

is practicable—

(a) permit the animal to go onto or remain on any length of the AWPR other than an

emergency layby or a verge, and

(b) permit the animal not to be held on a lead or otherwise kept under control while on any

length of the AWPR.

Use of road by excluded traffic

10.—(1) Pedestrians may use the AWPR—

(a) to cross the carriageway at a place on the carriageway where provision is made for them

to do so,

(b) to use a footway within the meaning of section 151(2)(a)(i) of the 1984 Act(a), or

(a) 1984 c.54. Section 151 has been amended for purposes not relevant to these Regulations.


15

(c) when it is necessary for them to do so—

(i) as a result of an accident or emergency or as a result of a vehicle that is stopped on

the AWPR in any of the circumstances specified in regulation 6(2), or

(ii) in any other circumstances specified in regulation 11(1)(a), (c), (e), or (f).

(2) Pedal cyclists may use the AWPR to cross the carriageway of the AWPR at a place where

provision is made for them to do so.

(3) Classes III and IV of the classes of traffic specified in schedule 3 of the 1984 Act may use

any length of the AWPR for the maintenance, repair, cleaning or clearance of any part of the

AWPR or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of

any structure, works or apparatus in, on, under or over any part of the AWPR.

(4) The Scottish Ministers may authorise the use of excluded traffic by any person on any length

of the AWPR—

(a) in an emergency,

(b) for the purpose of enabling that traffic to cross the AWPR,

(c) to secure access to premises abutting on or adjacent to that length of the AWPR,

(d) when they otherwise consider it necessary or appropriate to do so.

(5) Where in an emergency the use of any road, other than a length of the AWPR, by excluded

traffic is impossible or unsuitable, the chief constable of the Police Service of Scotland or any

constable of, or above, the rank of superintendent authorised by the chief constable may—

(a) authorise the use of excluded traffic by any person on any such length of the AWPR for

the period during which use of the other road by such traffic continues to be impossible or

unsuitable,

(b) relax any prohibition or restriction imposed by regulations 3 to 9 so far as is necessary.

Exceptions and relaxations

11.—(1) Regulations 4 to 9 do not apply to any person being present on or using any length of

the AWPR, by vehicle or otherwise—

(a) for the purposes of—

(i) the exercise of their duty as a constable,

(ii) the exercise of the functions of the Scottish Ambulance Service Board under article

4(1)(a) of the Scottish Ambulance Service Board Order 1999(a),

(iii) providing a response to an emergency at the request of the Scottish Ambulance

Service Board,

(iv) the Scottish Fire and Rescue Service,

(v) Her Majesty’s Coastguard in an emergency,

(vi) the exercise of the functions of the National Crime Agency,

(b) in accordance with any direction given by a constable in uniform or in accordance with

the indication given by a traffic sign,

(c) where, in accordance with any permission given by a constable or the traffic authority,

they do so for the purpose of investigating any accident or incident which has occurred on

or near the AWPR,

(d) where it is necessary for that person to do so to—

(i) avoid or prevent an accident, or

(ii) obtain or give help required as a result of an accident or emergency or as a result of a

vehicle that is stopped in any of the circumstances specified in regulation 6(2),

(a) S.I. 1999/686.


16

and they do so in such manner as to cause as little danger and inconvenience as possible

to other traffic on the AWPR,

(e) where it is necessary for them to do so to carry out in an efficient manner—

(i) the maintenance, inspection, repair, cleaning, clearance, alteration or improvement of

any length of the AWPR,

(ii) the recovery and removal of any vehicle from any part of the AWPR, or

(iii) the erection, laying, placing, maintenance, testing, alteration, repair or removal of

any structure, works or apparatus in, on, under or over any part of the AWPR, or

(f) where it is necessary for them to do so in connection with any inspection, survey,

investigation or census which is carried out in accordance with any authority granted by

the Scottish Ministers.

(2) Regulation 3 does not apply to any person being present on or using any length of the

AWPR specified in Part 2 of the schedule—

(a) for the purposes of Her Majesty’s Coastguard in an emergency, or

(b) in any of the circumstances specified in paragraph (1)(b) to (f).

(3) Regulation 8 does not apply to any person being present on or using any emergency layby on

the AWPR, by vehicle or otherwise, in the exercise of their duties as a member of police staff.

(4) The Scottish Ministers may relax any prohibition or restriction imposed by these

Regulations.

(5) In paragraph (3), “police staff” has the meaning given by section 99(1) of the Police and Fire

Reform (Scotland) Act 2012(a).

Speed limits

12.—(1) A person may not drive any motor vehicle at a speed exceeding—

(a) 70 miles per hour on the lengths of the AWPR specified in Part 3 of the schedule, and

(b) 40 miles per hour on the lengths of the AWPR specified in Part 4 of the schedule.

(2) Paragraph (1) does not apply to any person using any—

(a) vehicle falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces)

(Variation and Amendment) Regulations 2011(b) when used in accordance with

regulation 3(5) of those Regulations, or

(b) vehicle for the purposes of Her Majesty’s Coastguard in an emergency.

MICHAEL MATHESON



Edinburgh

15th May 2019

(a) 2012 asp 8. (b) S.I. 2011/935.


17

SCHEDULE Regulations 2, 3 and 12

In this schedule “the road” means the M90/A90/A9000 Edinburgh – Fraserburgh Trunk Road.

PART 1

SPECIFIED LENGTHS OF ROAD CONSTITUTING THE AWPR

1. That length of the road being the northbound carriageway from its junction with the

circulatory carriageway of the roundabout at Stonehaven North Junction to its junction with the

circulatory carriageway of Cleanhill Roundabout, a distance of 11.45 kilometres or thereby.

2. That length of the road being the southbound carriageway from its junction with the

circulatory carriageway of Cleanhill Roundabout to its junction with the circulatory carriageway

of the roundabout at Stonehaven North Junction, a distance of 11.45 kilometres or thereby.

3. That length of the road being the entire circulatory carriageway of Cleanhill Roundabout, a

distance of 250 metres or thereby.


circulatory carriageway of Cleanhill Roundabout to a point 10 metres or thereby south-west of its

junction with the circulatory carriageway of the roundabout at Blackdog Junction, a distance of

27.33 kilometres or thereby.

5. That length of the road being the southbound carriageway from a point 10 metres or thereby

south-west of its junction with the circulatory carriageway of the roundabout at Blackdog Junction

to its junction with the circulatory carriageway of Cleanhill Roundabout, a distance of 27.33

kilometres or thereby.

6. That length of the road being the northbound off slip road at Deeside Junction from its

commencement at its junction with the northbound carriageway to its junction with the circulatory

carriageway of the roundabout at that Deeside Junction, a distance of 593 metres or thereby.

7. That length of the road being the northbound on slip road at Deeside Junction from its

junction with the circulatory carriageway of the roundabout at that Deeside Junction to its junction

with the northbound carriageway, a distance of 670 metres or thereby.

8. That length of the road being the southbound off slip road at Deeside Junction from its

commencement at its junction with the southbound carriageway to its junction with the circulatory

carriageway of the roundabout at that Deeside Junction, a distance of 809 metres or thereby.

9. That length of the road being the southbound on slip road at Deeside Junction from its

junction with the circulatory carriageway of the roundabout at that Deeside Junction to its junction

with the southbound carriageway, a distance of 878 metres or thereby.

10. That length of the road being the northbound off slip road at Kingswells South Junction from

its commencement at its junction with the northbound carriageway to its junction with the

circulatory carriageway of the roundabout at the A944 Aberdeen to Alford to Strathdon Road at

that Kingswells South Junction, a distance of 772 metres or thereby.

11. That length of the road being the northbound on slip road at Kingswells South Junction from

its junction with the circulatory carriageway of the roundabout at the A944 Aberdeen to Alford to

Strathdon Road at that Kingswells South Junction to its junction with the northbound carriageway,

a distance of 839 metres or thereby.

12. That length of the road being the southbound off slip road at Kingswells South Junction

from its commencement at its junction with the southbound carriageway to its junction with the


18

circulatory carriageway of the roundabout at the A944 Aberdeen to Alford to Strathdon Road at

that Kingswells South Junction, a distance of 673 metres or thereby.

13. That length of the road being the southbound on slip road at Kingswells South Junction from


Strathdon Road at that Kingswells South Junction to its junction with the southbound carriageway,


14. That length of the road being the northbound on slip road at Kingswells North Junction from

its junction with the road that connects that Kingswells North Junction and the C89C Chapel of

Stoneywood to Fairley Road to its junction with the northbound carriageway, a distance of 555

metres or thereby.

15. That length of the road being the southbound off slip road at Kingswells North Junction

from its commencement at its junction with the southbound carriageway to its junction with the

road that connects that Kingswells North Junction and the C89C Chapel of Stoneywood to Fairley

Road, a distance of 576 metres or thereby.

16. That length of the road being the northbound off slip road at Craibstone Junction from its

commencement at its junction with the northbound carriageway to its junction with the A96 Trunk

Road being the road that connects the C89C Chapel of Stoneywood to Fairley Road and the

roundabout at the A96 Trunk Road, a distance of 741 metres or thereby.

17. That length of the road being the northbound on slip road at Craibstone Junction from its

junction with the A96 Trunk Road being the road that connects the C89C Chapel of Stoneywood

to Fairley Road and the roundabout at the A96 Trunk Road to its junction with the northbound

carriageway, a distance of 584 metres or thereby.

18. That length of the road being the southbound off slip road at Craibstone Junction from its

commencement at its junction with the southbound carriageway to its junction with the A96 Trunk

Road being the road that connects the C89C Chapel of Stoneywood to Fairley Road and the

roundabout at the A96 Trunk Road, a distance of 615 metres or thereby.

19. That length of the road being the southbound on slip road at Craibstone Junction from its


to Fairley Road and the roundabout at the A96 Trunk Road to its junction with the southbound


20. That length of the road being the eastbound off slip road at Parkhill (Goval) Junction from

its commencement at its junction with the eastbound carriageway to its junction with the

circulatory carriageway of the roundabout at the A947 Aberdeen to Oldmeldrum to Turriff Road

at that Parkhill (Goval) Junction, a distance of 494 metres or thereby.

21. That length of the road being the eastbound on slip road at Parkhill (Goval) Junction from its

junction with the circulatory carriageway of the roundabout at the A947 Aberdeen to Oldmeldrum

to Turriff Road at that Parkhill (Goval) Junction to its junction with the eastbound carriageway, a


22. That length of the road being the westbound off slip road at Parkhill (Goval) Junction from

its commencement at its junction with the westbound carriageway to its junction with the

circulatory carriageway of the roundabout at the B977 Echt to Balmedie Road at that Parkhill

(Goval) Junction, a distance of 677 metres or thereby.

23. That length of the road being the westbound on slip road at Parkhill (Goval) Junction from

its junction with the circulatory carriageway of the roundabout at the B977 Echt to Balmedie Road

at that Parkhill (Goval) Junction to its junction with the westbound carriageway, a distance of 674

metres or thereby.


19

PART 2

SPECIFIED LENGTHS OF ROAD – NO ENTRY



Strathdon Road at that Kingswells South Junction to its junction with the northbound carriageway,



from its junction with the circulatory carriageway of the roundabout at the A944 Aberdeen to

Alford to Strathdon Road at that Kingswells South Junction to its junction with the southbound



from its junction with the road that connects that Kingswells North Junction and the C89C Chapel

of Stoneywood to Fairley Road to its junction with the southbound carriageway, a distance of 576

metres or thereby.



to Fairley Road and the roundabout at the A96 Trunk Road to its junction with the northbound




to Fairley Road and the roundabout at the A96 Trunk Road to its junction with the southbound



its junction with the circulatory carriageway of the roundabout at the A947 Aberdeen to

Oldmeldrum to Turriff Road at that Parkhill (Goval) Junction to its junction with the eastbound



its junction with the circulatory carriageway of the roundabout at the B977 Echt to Balmedie Road

at that Parkhill (Goval) Junction to its junction with the westbound carriageway, a distance of 677

metres or thereby.

PART 3

SPECIFIED LENGTHS OF ROAD – 70 MPH SPEED RESTRICTION

31. That length of the road being the northbound carriageway from a point 42 metres or thereby

north of its junction with the circulatory carriageway of the roundabout at Stonehaven North

Junction to its junction with the circulatory carriageway of Cleanhill Roundabout, a distance of


32. That length of the road being the southbound carriageway from its junction with the

circulatory carriageway of Cleanhill Roundabout to a point 42 metres or thereby north of its

junction with the circulatory carriageway of the roundabout at Stonehaven North Junction, a

distance of 11.41 kilometres or thereby.

33. That length of the road being the entire circulatory carriageway of Cleanhill Roundabout, a



circulatory carriageway of Cleanhill Roundabout to a point 32 metres or thereby south-west of its

junction with the circulatory carriageway of the roundabout at Blackdog Junction, a distance of



20

35. That length of the road being the southbound carriageway from a point 32 metres or thereby

south-west of its junction with the circulatory carriageway of the roundabout at Blackdog Junction

to its junction with the circulatory carriageway of Cleanhill Roundabout, a distance of 27.31


36. That length of the road being the northbound off slip road at Deeside Junction from its

commencement at its junction with the northbound carriageway to a point 36 metres or thereby

north of its junction with the circulatory carriageway of the roundabout at that Deeside Junction, a


37. That length of the road being the northbound on slip road at Deeside Junction from a point

36 metres or thereby north of its junction with the circulatory carriageway of the roundabout at

that Deeside Junction to its junction with the northbound carriageway, a distance of 634 metres or

thereby.

38. That length of the road being the southbound off slip road at Deeside Junction from its

commencement at its junction with the southbound carriageway to a point 26 metres or thereby

east of its junction with the circulatory carriageway of the roundabout at that Deeside Junction, a


39. That length of the road being the southbound on slip road at Deeside Junction from a point

26 metres or thereby east of its junction with the circulatory carriageway of the roundabout at that

Deeside Junction to its junction with the southbound carriageway, a distance of 852 metres or

thereby.


its commencement at its junction with the northbound carriageway to a point 200 metres or

thereby south-west of its junction with the circulatory carriageway of the roundabout at the A944

Aberdeen to Alford to Strathdon Road at that Kingswells South Junction, a distance of 572 metres

or thereby.

41. That length of the road being the northbound on slip road at Kingswells South Junction from

a point 50 metres or thereby north-east of its junction with the circulatory carriageway of the

roundabout at the A944 Aberdeen to Alford to Strathdon Road at that Kingswells South Junction

to its junction with the northbound carriageway, a distance of 789 metres or thereby.


from its commencement at its junction with the southbound carriageway to a point 319 metres or

thereby north of its junction with the circulatory carriageway of the roundabout at the A944

Aberdeen to Alford to Strathdon Road at that Kingswells South Junction, a distance of 354 metres

or thereby.

43. That length of the road being the southbound on slip road at Kingswells South Junction from

a point 50 metres or thereby south-west of its junction with the circulatory carriageway of the

roundabout at the A944 Aberdeen to Alford to Strathdon Road at that Kingswells South Junction

to its junction with the southbound carriageway, a distance of 725 metres or thereby.

44. That length of the road being the northbound on slip road at Kingswells North Junction from

a point 46 metres or thereby north-east of its junction with the road that connects that Kingswells

North Junction and the C89C Chapel of Stoneywood to Fairley Road to its junction with the

northbound carriageway, a distance of 509 metres or thereby.


from its commencement at its junction with the southbound carriageway to a point 52 metres or

thereby north-east of its junction with the road that connects that Kingswells North Junction and

the C89C Chapel of Stoneywood to Fairley Road, a distance of 524 metres or thereby.


commencement at its junction with the northbound carriageway to a point 179 metres or thereby

south of its junction with the A96 Trunk Road being the road that connects the C89C Chapel of


21

Stoneywood to Fairley Road and the roundabout at the A96 Trunk Road, a distance of 562 metres

or thereby.

47. That length of the road being the northbound on slip road at Craibstone Junction from a

point 22 metres or thereby north of its junction with the A96 Trunk Road being the road that

connects the C89C Chapel of Stoneywood to Fairley Road and the roundabout at the A96 Trunk

Road to its junction with the northbound carriageway, a distance of 562 metres or thereby.


commencement at its junction with the southbound carriageway to a point 188 metres or thereby

north of its junction with the A96 Trunk Road being the road that connects the C89C Chapel of


or thereby.

49. That length of the road being the southbound on slip road at Craibstone Junction from a

point 41 metres or thereby south of its junction with the A96 Trunk Road being the road that

connects the C89C Chapel of Stoneywood to Fairley Road and the roundabout at the A96 Trunk

Road to its junction with the southbound carriageway, a distance of 757 metres or thereby.


its commencement at its junction with the eastbound carriageway to a point 52 metres or thereby

west of its junction with the circulatory carriageway of the roundabout at the A947 Aberdeen to

Oldmeldrum to Turriff Road at that Parkhill (Goval) Junction, a distance of 442 metres or thereby.

51. That length of the road being the eastbound on slip road at Parkhill (Goval) Junction from a

point 20 metres or thereby east of its junction with the circulatory carriageway of the roundabout

at the A947 Aberdeen to Oldmeldrum to Turriff Road at that Parkhill (Goval) Junction to its

junction with the eastbound carriageway, a distance of 604 metres or thereby.


its commencement at its junction with the westbound carriageway to a point 44 metres or thereby

north-east of its junction with the circulatory carriageway of the roundabout at the B977 Echt to

Balmedie Road at that Parkhill (Goval) Junction, a distance of 633 metres or thereby.

53. That length of the road being the westbound on slip road at Parkhill (Goval) Junction from a

point 50 metres or thereby west of its junction with the circulatory carriageway of the roundabout

at the B977 Echt to Balmedie Road at that Parkhill (Goval) Junction to its junction with the

westbound carriageway, a distance of 624 metres or thereby.

PART 4


54. That length of the road being the northbound carriageway at Stonehaven North Junction

leading from its junction with the circulatory carriageway of the roundabout at that Stonehaven

North Junction, a distance of 42 metres or thereby.

55. That length of the road being the southbound carriageway at Stonehaven North Junction

leading to its junction with the circulatory carriageway of the roundabout at that Stonehaven North

Junction, a distance of 42 metres or thereby.

56. That length of the road being the northbound off slip road at Deeside Junction leading to its

junction with the circulatory carriageway of the roundabout at that Deeside Junction, a distance of

36 metres or thereby.

57. That length of the road being the northbound on slip road at Deeside Junction leading from

its junction with the circulatory carriageway of the roundabout at that Deeside Junction, a distance

of 36 metres or thereby.


22

58. That length of the road being the southbound off slip road at Deeside Junction leading to its

junction with the circulatory carriageway of the roundabout at that Deeside Junction, a distance of


59. That length of the road being the southbound on slip road at Deeside Junction leading from

its junction with circulatory carriageway of the roundabout at that Deeside Junction, a distance of


60. That length of the road being the northbound off slip road at Kingswells South Junction

leading to its junction with the circulatory carriageway of the roundabout at that Kingswells South


61. That length of the road being the northbound on slip road at Kingswells South Junction

leading from its junction with the circulatory carriageway of the roundabout at that Kingswells

South Junction, a distance of 50 metres or thereby.


leading to its junction with the circulatory carriageway of the roundabout at that Kingswells South


63. That length of the road being the southbound on slip road at Kingswells South Junction

leading from its junction with the circulatory carriageway of the roundabout at that Kingswells

South Junction, a distance of 50 metres or thereby.

64. That length of the road being the northbound on slip road at Kingswells North Junction

leading from its junction with the road that connects that Kingswells North Junction and the C89C

Chapel of Stoneywood to Fairley Road, a distance of 46 metres or thereby.


leading to its junction with the road that connects that Kingswells North Junction and the C89C

Chapel of Stoneywood to Fairley Road, a distance of 52 metres or thereby.

66. That length of the road being the northbound off slip road at Craibstone Junction leading to

its junction with the A96 Trunk Road being the road that connects the C89C Chapel of


or thereby.

67. That length of the road being the northbound on slip road at Craibstone Junction leading

from its junction with the A96 Trunk Road being the road that connects the C89C Chapel of


or thereby.

68. That length of the road being the southbound off slip road at Craibstone Junction leading to

its junction with the A96 Trunk Road being the road that connects the C89C Chapel of


or thereby.

69. That length of the road being the southbound on slip road at Craibstone Junction leading

from its junction with the A96 Trunk Road being the road that connects the C89C Chapel of


or thereby.

70. That length of the road being the eastbound off slip road at Parkhill (Goval) Junction leading

to its junction with the circulatory carriageway of the west roundabout at that Parkhill (Goval)


71. That length of the road being the eastbound on slip road at Parkhill (Goval) Junction leading

from its junction with the circulatory carriageway of the west roundabout at that Parkhill (Goval)



23

72. That length of the road being the westbound off slip road at Parkhill (Goval) Junction

leading to its junction with the circulatory carriageway of the east roundabout at that Parkhill

(Goval) Junction, a distance of 44 metres or thereby.

73. That length of the road being the westbound on slip road at Parkhill (Goval) Junction leading

from its junction with the circulatory carriageway of the east roundabout at that Parkhill (Goval)


74. That length of the road being the northbound carriageway at Blackdog Junction leading to a

point 10 metres or thereby south-west of its junction with the circulatory carriageway of the

roundabout at that Blackdog Junction, a distance of 22 metres or thereby.

75. That length of the road being the southbound carriageway at Blackdog Junction leading from

a point 10 metres or thereby south-west of its junction with the circulatory carriageway of the

roundabout at that Blackdog Junction, a distance of 22 metres or thereby.


24

13

EXPLANATORY NOTE


These Regulations make provision for the regulation of traffic using that part of the

M90/A90/A9000 Edinburgh – Fraserburgh Trunk Road being the special road section of the A90

known as the Aberdeen Western Peripheral Route (“AWPR”).

The Regulations provide that except in the circumstances referred to in regulation 11—

a) no entry signs must be complied with (regulation 3),

b) vehicles using the carriageways must observe one-way driving (regulation 4),

c) vehicles are prohibited from being on the central reservations or verges (regulation 5),

d) vehicles are not to stop on the carriageways (regulation 6),

e) reversing is prohibited (regulation 7),

f) emergency laybys are not to be used by vehicles (regulation 8),

g) animals carried in a vehicle are as far as practicable to be kept in the vehicle or, if they

are not in the vehicle, are not to go or remain on the AWPR other than in an emergency

layby or on a verge and are to be kept under proper control (regulation 9).

Regulation 10 provides that certain classes of traffic not ordinarily authorised to use the AWPR

may do so in the circumstances specified in the Regulation.

Regulation 11 provides for certain general exceptions from the provisions of the Regulations and

authorises the Scottish Ministers to relax any prohibition or restriction imposed by the

Regulations.

Regulation 12 makes provision for a 70 mph speed limit or a 40 mph speed limit on the sections of

the AWPR which are described in Parts 3 and 4 of the schedule, respectively.

No business and regulatory impact assessment has been prepared for these Regulations as no

impact upon business, charities or voluntary bodies is foreseen.


25

Annex C

The A956 Trunk Road (Aberdeen Western Peripheral Route) (Cleanhill to Charleston) (Prohibitions and Restrictions) Regulations 2019

Type of Instrument: Negative Laid Date: 17 May 2019 Coming into force: 30 June 2019 Minister to attend the meeting: No

Procedure 12. Under the negative procedure, an instrument comes into force on the date

specified on it (the “coming into force date”) unless a motion to annul is agreed to by the Parliament within the 40-day period. Lead committees are not obliged to report to the Parliament on negative instruments, except where a motion recommending annulment has been lodged.


13. The regulations make provision for the regulation of traffic using the A956 – Aberdeen Western Peripheral Route Trunk Road which is part of the special roads known as the Aberdeen Western Peripheral Route (AWPR).

14. The Regulations also implement authorisations for otherwise excluded traffic in specific circumstances, as well as various exceptions and relaxations from the restrictions provided for in the Regulations.

15. Details of the specific restrictions proposed for this section of the AWPR are

detailed in the Policy Note.

16. No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

17. The instrument and Policy Note are attached, as well as being available online at

the link above.

Consideration by the Delegated Powers and Law Reform Committee 18. At its meeting on 28 May 2019, the Delegated Powers and Law Reform (DPLR)

Committee considered the instrument and no points were raised.

REC/S5/19/19/1

26






POLICY NOTE

THE A956 TRUNK ROAD (ABERDEEN WESTERN PERIPHERAL ROUTE)

(CLEANHILL TO CHARLESTON) (PROHIBITIONS AND RESTRICTIONS)

REGULATIONS 2019

S.S.I. 2019/167

The above regulations are made in exercise of powers conferred by section 17(2), (3) and

(3ZA) of the Road Traffic Regulation Act 1984. The regulations are subject to negative

procedure.

Policy Objectives

The regulations make provision for the regulation of traffic using the A956 – Aberdeen

Western Peripheral Route Trunk Road which is part of the special roads known as the

Aberdeen Western Peripheral Route (AWPR).

The Regulations implement specific restrictions regarding the use of the AWPR special road

section of the A956 for the following purposes –

• one-way driving only

• prohibition on use of central reservation and verges

• prohibition on stopping on the carriageway

• prohibition on reversing

• prohibition on use of emergency laybys

• animals to be kept in vehicles or otherwise under control

• a speed limit of 70 miles per hour on the mainline of the AWPR

• a speed limit of 40 miles per hour on specified lengths of the AWPR

The Regulations also implement authorisations for otherwise excluded traffic in specific

circumstances, as well as various exceptions and relaxations from the restrictions provided

for in the Regulations.

Background

The regulations will regulate the use of the special road which has been constructed as part of

the Aberdeen Western Peripheral Route / Balmedie to Tipperty (AWPR/B-T) project.

The AWPR was built as a special road under three separate schemes which were made on 14

January 2010 and came into force on 31 March 2010. These were:


2010/79);


27


Scheme 2010 (S.S.I. 2010/81); and


2010/83).


3 to the Roads (Scotland) Act 1984 to use the special roads.






















Consultation

In accordance with section 134(8) of the Road Traffic Regulation Act 1984 the Scottish


Police Scotland




Community Councils

Local Councillors


28





First Group


Cycling UK Scotland




Royal Mail





Financial Effects


business.

Impact

The regulations align with the overall safe operation of the AWPR/B-T and there will be no




Transport Scotland

May 2019


29


2019 No. 167

ROAD TRAFFIC

The A956 Trunk Road (Aberdeen Western Peripheral Route)

(Cleanhill to Charleston) (Prohibitions and Restrictions)

Regulations 2019

Made - - - - 15th May 2019









1. These Regulations may be cited as the A956 Trunk Road (Aberdeen Western Peripheral

Route) (Cleanhill to Charleston) (Prohibitions and Restrictions) Regulations 2019 and come into

force on 30 June 2019.

Interpretation

2. In these Regulations—

“AWPR” means, unless the context otherwise requires, the lengths of carriageway specified in

Part 1 of the schedule and includes any central reservations, emergency laybys and verges,

“carriageway” means a part of a road which is provided for the regular passage of vehicular

motor traffic, including slip roads,

“central reservation” means a part of a road which separates the carriageway to be used by

vehicles travelling in one direction from the carriageway to be used by vehicles travelling in

the opposite direction,


(b) Section 134(8) was inserted by the Scotland Act 2016 (c.11) schedule 2, Part 1, paragraph 12(5).


30

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland)

Act 2012(a),

“emergency layby” means a part of a road which is designed to take the weight of a vehicle, is

adjacent to and situated on the left hand side of the carriageway when facing in the direction in

which vehicles may be driven in accordance with regulation 3, and which is marked with

traffic signs of the type described as blank diagram 1 in Part 1, and item 9 (stopping prohibited

in a layby except in emergency) of the sign table in Part 3 of schedule 4 of the Traffic Signs

Regulations and General Directions 2016(b),

“excluded traffic” means traffic which is not traffic of classes I or II of the classes of traffic

specified in schedule 3 of the Roads (Scotland) Act 1984(c),

“verge” means any part of a road which is not a carriageway, an emergency layby or a central

reservation.

Direction of driving

3.—(1) On any length of the carriageway of the AWPR which—

(a) is not adjacent to a central reservation, and

(b) can be entered at one end only,

a person may drive or move a vehicle only from the point of entry of that length of carriageway

towards the other end.

(2) On any length of the carriageway of the AWPR that is adjacent to a central reservation a

person must not drive or move a vehicle such that the central reservation is on the left-hand side of

the vehicle.

(3) A person must not drive or move a vehicle on any length of the AWPR so as to cause it to

turn and proceed in or face the opposite direction.

Prohibition on use of the central reservation or verge

4. A person must not drive, move or stop a vehicle, or allow it to remain at rest, on a central

reservation or verge on any length of the AWPR.

Restriction on stopping

5.—(1) A person must not stop a vehicle, or allow it to remain at rest, on any length of the

carriageway of the AWPR.

(2) Paragraph (1) does not apply where it is necessary for a person to stop a vehicle on the

carriageway—

(a) because of a breakdown or mechanical defect or lack of fuel, oil or water, required for the

vehicle,

(b) because of any accident, illness or other emergency,

(c) to permit any person carried in or on the vehicle to recover or move any object which has

fallen on the road, or

(d) to permit any person carried in or on the vehicle to give help which is required by any

other person in any of the circumstances specified in the provisions of this paragraph.

(3) As soon as it is reasonably practicable and safe to do so, a person who has stopped a vehicle

in accordance with paragraph (2) must drive or move that vehicle on to an emergency layby.

(a) 2012 asp 8. (b) S.I. 2016/362, to which there are amendments not relevant to these Regulations. (c) 1984 c.54.


31

(4) A person must not allow a vehicle or its load which is at rest in an emergency layby—

(a) to obstruct or be a cause of danger to vehicles using the carriageway, or

(b) to remain at rest for longer than is necessary in the circumstances or for the purposes

specified in paragraph (2).

(5) This regulation does not prohibit a vehicle from being stopped, or allowed to remain at rest,

on the carriageway while it is prevented from proceeding along the carriageway by the presence of

any other vehicle, person or object.

Restriction on reversing

6. A person must not drive or move a vehicle backwards on any length of the AWPR except to

the extent that it is necessary to enable that vehicle to proceed forwards or to be connected to any

other vehicle.

Restriction on the use of emergency laybys

7. A person must not drive, move or stop a vehicle, or allow it to remain at rest, in an emergency

layby on any length of the AWPR, except in accordance with regulation 5(3) and (4).

Restrictions affecting animals carried in vehicles

8.—(1) A person in charge of an animal which is carried in a vehicle must not, so far as is

practicable while the vehicle is on any length of the AWPR—

(a) remove the animal from the vehicle, or

(b) permit the animal to leave the vehicle.

(2) If an animal escapes from, or it is necessary for it to be removed from, or to be permitted to

leave a vehicle on any length of the AWPR, any person in charge of that animal must not, so far as

is practicable—

(a) permit the animal to go onto or remain on any length of the AWPR other than an

emergency layby or a verge, and

(b) permit the animal not to be held on a lead or otherwise kept under control while on any

length of the AWPR.

Use of road by excluded traffic

9.—(1) Pedestrians may use the AWPR when it is necessary for them to do so—

(a) as a result of an accident or emergency or as a result of a vehicle that is stopped on the

AWPR in any of the circumstances specified in regulation 5(2), or

(b) in any other circumstances specified in regulation 10(1)(a), (c), (e), or (f).

(2) Classes III and IV of the classes of traffic specified in schedule 3 of the Roads (Scotland)

Act 1984 may use any length of the AWPR for the maintenance, repair, cleaning or clearance of

any part of the AWPR or for the erection, laying, placing, maintenance, testing, alteration, repair

or removal of any structure, works or apparatus in, on, under or over any part of the AWPR.

(3) The Scottish Ministers may authorise the use of excluded traffic by any person on any length

of the AWPR—

(a) in an emergency,

(b) for the purpose of enabling that traffic to cross the AWPR,

(c) to secure access to premises abutting on or adjacent to the AWPR,

(d) when they otherwise consider it necessary or appropriate to do so.


32

(4) Where in an emergency the use of any road other than a length of the AWPR by excluded

traffic is impossible or unsuitable the chief constable of the Police Service of Scotland or any

constable of, or above, the rank of superintendent authorised by the chief constable may—

(a) authorise the use of excluded traffic by any person on any part of the AWPR for the

period during which use of the other road by such traffic continues to be impossible or

unsuitable,

(b) relax any prohibition or restriction imposed by regulations 3 to 8 so far as is necessary.

Exceptions and relaxations

10.—(1) Regulations 3 to 8 do not apply to any person being present on or using any length of

the AWPR, by vehicle or otherwise—

(a) for the purposes of—

(i) the exercise of their duty as a constable,

(ii) the exercise of the functions of the Scottish Ambulance Service Board under article

4(1)(a) of the Scottish Ambulance Service Board Order 1999(a),

(iii) providing a response to an emergency at the request of the Scottish Ambulance

Service Board,

(iv) the Scottish Fire and Rescue Service,

(v) Her Majesty’s Coastguard in an emergency,

(vi) the exercise of the functions of the National Crime Agency,

(b) in accordance with any direction given by a constable in uniform or in accordance with

the indication given by a traffic sign,

(c) where, in accordance with any permission given by a constable or the traffic authority,

they do so for the purpose of investigating any accident or incident which has occurred on

or near the AWPR,

(d) where it is necessary for that person to do so to—

(i) avoid or prevent an accident, or

(ii) obtain or give help required as a result of an accident or emergency or as a result of a

vehicle that is stopped in any of the circumstances specified in regulation 5(2),

and they do so in such manner as to cause as little danger and inconvenience as possible

to other traffic on the AWPR,

(e) where it is necessary for them to do so to carry out in an efficient manner—

(i) the maintenance, inspection, repair, cleaning, clearance, alteration or improvement of

any part of the AWPR,

(ii) the recovery and removal of any vehicle from any length of the AWPR, or

(iii) the erection, laying, placing, maintenance, testing, alteration, repair or removal of

any structure, works or apparatus in, on, under or over any part of the AWPR, or

(f) where it is necessary for them to do so in connection with any inspection, survey,

investigation or census which is carried out in accordance with any authority granted by

the Scottish Ministers.

(2) Regulation 7 does not apply to any person being present on or using any emergency layby on

the AWPR, by vehicle or otherwise, in the exercise of their duties as a member of police staff.

(3) The Scottish Ministers may relax any prohibition or restriction imposed by these

Regulations.

(4) In paragraph (2), “police staff” has the meaning given by section 99(1) of the Police and Fire

Reform (Scotland) Act 2012.

(a) S.I. 1999/686.


33

Speed limits

11.—(1) A person may not drive any motor vehicle at a speed exceeding—

(a) 70 miles per hour on the lengths of the AWPR specified in Part 2 of the schedule, and

(b) 40 miles per hour on the lengths of the AWPR specified in Part 3 of the schedule.

(2) Paragraph (1) does not apply to any person using any—

(a) vehicle falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces)

(Variation and Amendment) Regulations 2011(a) when used in accordance with

regulation 3(5) of those Regulations, or

(b) vehicle for the purposes of Her Majesty’s Coastguard in an emergency.

MICHAEL MATHESON



Edinburgh

15th May 2019

(a) S.I. 2011/935.


34

SCHEDULE Regulations 2 and 11

In this schedule “the road” means the A956 – Aberdeen Western Peripheral Trunk Road.

PART 1

SPECIFIED LENGTHS OF ROAD CONSTITUTING THE AWPR

1. That length of the road being the eastbound carriageway from its junction with the circulatory

carriageway of the Cleanhill Roundabout to a point 212 metres or thereby east of the centreline of

the C5K Schoolhill to Lochton to Nigg Road Overbridge, a distance of 6.56 kilometres or thereby.

2. That length of the road being the westbound carriageway from a point 212 metres or thereby

east of the centreline of the C5K Schoolhill to Lochton to Nigg Road Overbridge to its junction

with the circulatory carriageway of Cleanhill Roundabout, a distance of 6.56 kilometres or

thereby.

PART 2


3. That length of the road being the eastbound carriageway from its junction with the circulatory

carriageway of the Cleanhill Roundabout to a point 188 metres or thereby south-west of the

centreline of the C5K Schoolhill to Lochton to Nigg Road Overbridge, a distance of 6.16


4. That length of the road being the westbound carriageway from a point 188 metres or thereby

south-west of the centreline of the C5K Schoolhill to Lochton to Nigg Road Overbridge to its

junction with the circulatory carriageway of Cleanhill Roundabout, a distance of 6.16 kilometres

or thereby.

PART 3


5. That length of the road being the eastbound carriageway at Charleston Junction from a point

188 metres or thereby south-west of the centreline of the C5K Schoolhill to Lochton to Nigg Road

Overbridge, in a generally north-easterly direction for a distance of 400 metres or thereby.

6. That length of the road being the westbound carriageway at Charleston Junction from a point

212 metres or thereby east of the centreline of the C5K Schoolhill to Lochton to Nigg Road

Overbridge, in a generally south-westerly direction for a distance of 400 metres or thereby.


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EXPLANATORY NOTE


These Regulations make provision for the regulation of traffic using that part of the A956 -

Aberdeen Western Peripheral Route Trunk Road being the special road section of the A956

known as the Aberdeen Western Peripheral Route (“AWPR”).

The Regulations provide that except in the circumstances referred to in regulation 10—

a) vehicles using the carriageways must observe one-way driving (regulation 3),

b) vehicles are prohibited from being on the central reservations or verges (regulation 4),

c) vehicles are not to stop on the carriageways (regulation 5),

d) reversing is prohibited (regulation 6),

e) emergency laybys are not to be used by vehicles (regulation 7),

f) animals carried in a vehicle are as far as practicable to be kept in the vehicle or, if they

are not in the vehicle, are not to go or remain on the AWPR other than in an emergency

layby or on a verge and are to be kept under proper control (regulation 8).

Regulation 9 provides that certain classes of traffic not ordinarily authorised to use the AWPR

may do so in the circumstances specified in the Regulation.

Regulation 10 provides for certain general exceptions from the provisions of the Regulations and

authorises the Scottish Ministers to relax any prohibition or restriction imposed by the

Regulations.

Regulation 11 makes provision for a 70 mph speed limit or a 40 mph speed limit on the sections of

the AWPR which are described in Parts 2 and 3 of the schedule, respectively.

No business and regulatory impact assessment has been prepared for these Regulations as no

impact upon business, charities or voluntary bodies is foreseen.


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