S.I. No. 638/2006 - Road Traffic (Control of Traffic) Regulations 2006

S.I. No. 638 of 2006

Road Traffic (Control of Traffic) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 35 of the Road Traffic Act 1994 (No. 7 of 1994) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), hereby make the following regulations:

Citation and Collective Citation

1. (1) These Regulations may be cited as the Road Traffic (Control of Traffic) Regulations 2006.

(2) The Road Traffic (Traffic and Parking) Regulations 1997 to 2005 and these Regulations may be cited together as the Road Traffic (Traffic and Parking) Regulations 1997 to 2006.

Interpretation

2. (1) In these Regulations -

“prohibited vehicle” means a mechanically propelled vehicle, other than a vehicle which is designed and constructed for the carriage of passengers, where the total number of axles is equal to or greater than the figure specified on, as the case may be, traffic sign number RUS 046 or RUS 047;

“total number of axles” in relation to a mechanically propelled vehicle, means that all the wheels of the vehicle, the centres of which lie in a vertical plane extending across the full width of the vehicle at right angles to its longitudinal axis is to be regarded as forming a single axle and in determining the total number of axles, any axle attached to a vehicle or attached to any trailer drawn by the vehicle which is capable of transmitting any part of the weight of the vehicle or trailer to the surface of a road is included in the total.

(2) A reference to a traffic sign means a reference to a traffic sign specified in the Road Traffic (Signs) Regulations 2006 ( S.I. No. 637 of 2006 ) and any number referred to in association with a traffic sign is the number allocated to the sign in those Regulations.

Traffic lane control (road tunnel and approach road)

3. Where traffic sign number RVMS 101 (traffic lane control sign - road tunnel and approach road) is provided above a traffic lane on an approach road to or at the entrance to a road tunnel or in a road tunnel, a driver of a vehicle proceeding in the traffic lane above which such sign is provided -

(a) may, when a green arrow pointing downwards in a vertical direction aspect is illuminated on the sign, proceed or continue to do so in the traffic lane beneath the downward green arrow signal,

(b) shall not, when a red cross aspect is illuminated on the sign, proceed past such sign in the traffic lane beneath the red cross signal, and

(i) when a green arrow pointing downwards and inclined to the left aspect is illuminated on the sign, or

(ii) when a green arrow pointing downwards and inclined to the right aspect is illuminated on the sign,

proceed to move into the adjacent traffic lane in the direction indicated by the arrow signal illuminated on the sign, but shall not drive from one traffic lane to another without yielding the right of way to traffic in the other lane.

Prohibitions and restrictions on prohibited vehicles

4. (1) Subject to paragraph (2), where sign RUS 046 is provided on a public road, the driver of a prohibited vehicle is prohibited from proceeding beyond the sign.

(2) Where an information plate is provided accompanying sign RUS 046 a prohibition under paragraph (1) applies to a prohibited vehicle during the period indicated on the information plate (“prohibition period”).

(3) Paragraph (1) does not apply to a prohibited vehicle in respect of which a permit has been issued by a local authority under regulations made under section 35 of the Road Traffic Act 1994 (No. 7 of 1994) for the purpose of subsection (2)(t)(iii) (inserted by section 26 of the Road Traffic Act 2004 (No. 44 of 2004)) of that section during such times, if any, specified in the permit.

(4) Where a prohibited vehicle is being driven or otherwise being used on a public road to which sign RUS 046 accompanied by an information plate applies at a time before the commencement of the prohibition period indicated on the plate and a permit referred to in paragraph (3) has not been issued in respect of the vehicle for the duration of that period, the driving or use of the vehicle must cease and the vehicle must be removed from the road before the commencement of the prohibition period.

(5) The end of prohibition under paragraph (1) shall be indicated by traffic sign number RUS 046 accompanied by an information plate specifying the word “END/Críoch”.

(6) In this Regulation “RUS 046” means traffic sign number RUS 046 (prohibitions and restrictions on prohibited vehicles by reference to total number of axles).

Prohibition on use by prohibited vehicles of traffic lane on the right hand side of a carriageway in a road tunnel

5. (1) Where sign RUS 047 is provided at the entrance to a road tunnel, the driver of a prohibited vehicle shall not drive such vehicle in the traffic lane on the right hand side of a carriageway in that road tunnel.

(2) A prohibition under paragraph (1) does not apply during any period when paragraph (b) or (c)(ii) of Regulation 3 applies in respect of the traffic lane on the left hand side of that carriageway in the road tunnel.

(3) The end of the prohibition under paragraph (1) shall be indicated by the provision, at the exit from the road tunnel, of traffic sign number RUS 047 accompanied by an information plate specifying the word “END/Críoch”.

(4) In this Regulation “RUS 047” means traffic sign number RUS 047 (prohibition on use by prohibited vehicles of traffic lane on the right hand side of a carriageway in a road tunnel).

Manual control of traffic where roadworks are being carried out

6. (1) At a place on a public road where roadworks are being carried out -

(a) when sign RUS 060 is exhibited, facing the stream of traffic it is intended to control, all traffic facing such sign must stop in advance of the sign and remain stopped so long as the sign is exhibited, or

(b) where a one-way traffic system is in operation to control the passage of traffic so as to only permit a single stream of traffic to proceed in one direction at a time, traffic in a stream of traffic -

(i) which is moving, may continue to proceed, or

(ii) that has been required to stop and remain stopped in accordance with subparagraph (a), may commence to proceed,

when sign RUS 061 is exhibited facing that stream.

(2) Sign RUS 060 or RUS 061 may be exhibited by mechanical means that are operated under manual control or may be exhibited manually by being handheld by a person who has been assigned to perform that duty by or on behalf of the road authority concerned or -

(a) a person who is authorised by a direction given to the person by the local authority concerned under section 101D,

(b) a person acting with the consent of the road authority concerned under section 13 of the Roads Act 1993 (No. 14 of 1993), or

to carry out roadworks on a public road.

(3) In this Regulation -

“roadworks” means roadworks (within the meaning of section 101D) and includes emergency roadworks (within the meaning of that section);

“section 101D” means section 101D (inserted by section 9 of the Dublin Transport Authority (Dissolution) Act 1987 (No. 34 of 1987)) of the Road Traffic Act 1961 (No. 24 of 1961);

“sign RUS 060” means traffic sign number RUS 060 (STOP disc);

“sign RUS 061” means traffic sign number RUS 061 (GO disc or Téigh disc).

Amendment of ( S.I. No. 182 of 1997 )

7. The Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 ) are amended -

(a) in article 4(1) -

(i) by substituting for the definition of “holiday” the following:

“ ‘holiday’ means Good Friday or a day that is a public holiday;”,

(ii) by substituting for the definitions of “local authority” and “median strip” the following:

“ ‘local authority’ means county council, city council or borough or town council;

‘median strip’ means a boundary between two carriageways of a road other than a traffic sign to which article 11 of the Regulations of 1997 refers;”,

(iii) by substituting for the definition of “the Regulations of 1997” the following:

“ ‘Regulations of 1997’ means Road Traffic (Signs) Regulations 1997 ( S.I. No. 181 of 1997 ); ”, and

(iv) by substituting for the definition of “roadworks” the following:

“ ‘roadworks’ has the meaning assigned to it by section 101D of the Act of 1961;”, and

(b) in article 33(1), by inserting after paragraph (d) (inserted by the Road Traffic (Traffic and Parking) Regulations 2005 ( S.I. No. 11 of 2005 )) the following:

“(e) Paragraph (d) does not apply where -

(i) a special speed limit of not more than 80 kilometres per hour applies under a special speed limit bye-law, or

(ii) a speed limit of not more than 80 kilometres per hour applies under a road works speed limit order.”.

GIVEN under my Official Seal,

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15 December 2006.

Martin Cullen

___________________

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations (operative from 15 December 2006) provide for the application of regulatory provisions which include the regulation of traffic lane control in a road tunnel, the imposition of prohibitions and restrictions on the entry to a specified public road by certain non-passenger vehicles e.g. goods vehicles (by reference to total number of axles) with provision to provide for operative periods and exemptions through issue of a permit, the imposition of a prohibition on use by certain vehicles of traffic lane on the right hand side of a carriageway in a road tunnel, regulation for the operation of manual stop/go traffic controls at locations where roadworks are being carried out and an amendment to article 33 of S.I. No. 182 of 1997 & S.I. No. 11 of 2005 to provide that vehicles that are subject to an Ordinary Speed limit (i.e. large goods vehicles, passenger buses, vehicles towing a trailer, etc) are not prohibited from using the outside lane on a motorway at any location on a motorway where a special speed limit or a roadworks speed limit not exceeding 80km/h applies.