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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Traffic Signs (Amendment) (Wales) Regulations and General Directions 2023 No. 783 (W. 124) URL: http://www.bailii.org/wales/legis/num_reg/2023/wsi_2023783_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Welsh Statutory Instruments
Road Traffic, Wales
Made
7 July 2023
Laid before Senedd Cymru
11 July 2023
Coming into force
17 September 2023
The Welsh Ministers, being the relevant authority, make the Regulations in Part 1 of this Instrument in exercise of the powers conferred by section 64(1), (2) and (3) of the Road Traffic Regulation Act 1984( 1) (“ the 1984 Act”) as extended by section 26(3) of the Welsh Language Act 1993( 2).
The Welsh Ministers, being the relevant authority and the national authority, give the General Directions in Part 2 of this Instrument in exercise of the powers conferred by sections 65(1)( 3) and 85(2)( 4) of the 1984 Act.
The Welsh Ministers in respect of the Regulations in Part 1 have, in accordance with section 134(10) of the 1984 Act, consulted with such representative organisations as they thought fit and, in accordance with section 134(13) of the 1984 Act, have consulted with the Secretary of State.
The Welsh Ministers in respect of the General Directions in Part 2 have, in accordance with sections 65(3ZC) and 85(10) of the 1984 Act, consulted with the Secretary of State.
1.—(1) This Part of this Instrument may be cited—
(a) as the Traffic Signs (Amendment) (Wales) Regulations 2023, and
(b) together with Part 2, as the Traffic Signs (Amendment) (Wales) Regulations and General Directions 2023.
(2) These Regulations come into force on 17 September 2023.
2. The Traffic Signs Regulations 2016( 5) are amended in accordance with regulations 3 to 6.
3.—(1) In Schedule 2, in the table in Part 2 (Warning signs and associated plates)—
(a) in the row at item 25, in the second column (Description), at the beginning insert “In relation to England,”,
(b) after the row at item 25, insert—
(c) in the row at item 43, in the second column (Description), at the beginning insert “In relation to England,”, and
(d) after the row at item 43, insert—
(2) In Schedule 2, in the table in Part 3 (Supplementary associated plates for placing in combination with signs in Part 2), at the end, in a new row, insert—
4. In Schedule 10, in the table in Part 2 (Signs and road markings indicating speed limits)—
(a) in the row at item 5, in the second column (Description), at the beginning insert “In relation to England,”,
(b) in the row at item 6, in the second column (Description), at the beginning insert “In relation to England,”, and
(c) in the row at item 7, in the second column (Description), at the beginning insert “In relation to England,”.
5. In Schedule 11, in the table in Part 2 (Upright signs)—
(a) after the row at item 32, insert—
(b) in the row at item 64, in the second column (Description), at the beginning insert “In relation to England,”, and
(c) after the row at item 64, insert—
6. In Schedule 13, in the table in Part 6 (Additional Temporary Signs)—
(a) in the row at item 38, in the second column (Description), at the beginning insert “In relation to England,”, and
(b) after the row at item 38, insert—
7.—(1) This Part of this Instrument may be cited—
(a) as the Traffic Signs (Amendment) (Wales) General Directions 2023, and
(b) together with Part 1, as the Traffic Signs (Amendment) (Wales) Regulations and General Directions 2023.
(2) These General Directions come into force on 17 September 2023.
8. The Traffic Signs General Directions 2016( 6) are amended in accordance with directions 9 and 10.
9. In Schedule 10, in Part 4 (The Schedule 10 General Directions) for paragraph 2, substitute—
“2. This sign must not be placed as a repeater sign where—
(a) in relation to England, the road is subject to a maximum speed limit of 30 mph and has a system of carriageway lighting; or
(b) in relation to Wales, the road is subject to a maximum speed limit of 20 mph and has a system of carriageway lighting. ”
10. In Schedule 13, in Part 12 (The Schedule 13 General Directions) after paragraph 13, insert—
“13A. The sign may only be placed—-
(a) to indicate or give warning of the point at which a recently imposed speed limit of 20 mph begins on a road; and
(b) during the period of 12 months beginning with the day on which the 20 mph speed limit comes into force. ”
11.—(1) A traffic sign is to be treated as complying with the 2016 Instrument as amended by this Instrument where—
(a) the traffic sign was in place immediately before 17 September 2023,
(b) the traffic sign complies with the 2016 Instrument as in force immediately before 17 September 2023, and
(c) the traffic sign is not in compliance with the 2016 Instrument as amended by this Instrument.
(2) But paragraph (1)—
(a) ceases to apply to traffic signs prescribed by item 9 in the table at Part 2 of Schedule 10 to the 2016 Instrument at the end of the day on 16 September 2028;
(b) ceases to apply to any other traffic signs at the end of the day on 16 September 2024.
(3) Paragraph (1) does not apply to traffic signs prescribed by item 64 in the table in Part 2 of Schedule 11 to the 2016 Instrument.
(4) In this regulation—
(a) “ the 2016 Instrument” means the Traffic Signs Regulations and General Directions 2016;
(b) “ traffic sign” has the meaning given in section 64(1) of the Road Traffic Regulation Act 1984.
Lee Waters
Deputy Minister for Climate Change, under authority of the Minister for Climate Change, one of the Welsh Ministers
7 July 2023
(This note is not part of the Instrument)
This Instrument amends the Traffic Signs Regulations 2016 and the Traffic Signs General Directions 2016, together cited as the Traffic Signs Regulations and General Directions 2016 (“the 2016 Instrument”). These amendments are only relevant to Wales and are consequential on and supplementary to the Restricted Roads (20 mph Speed Limit) (Wales) Order 2022, which reduces the general speed limit for restricted roads from 30 mph to 20 mph in Wales from 17 September 2023. A reference in this note to a Schedule is to a Schedule to the 2016 Instrument.
Regulation 3 enables a new road safety plate to be used in addition to the signs which warn of children going to or from school or playground ahead, or of road humps. It also enables a sign for road humps to be accompanied by a plate warning of a traffic calmed area.
Regulation 4 amends the application of the signs used to notify of the entrance to and exit from a 20 mph zone so that they can no longer be used in Wales. As a consequence of the general speed limit for restricted roads being reduced from 30 mph to 20 mph in Wales, 20 mph zones will no longer be necessary and will therefore be abolished.
Regulation 5 enables two new signs to be used. One sign will be used to warn of the end of a traffic calmed area and the other to warn of a speed camera ahead and remind drivers of the 20 mph speed limit. The corresponding sign reminding drivers of the 30 mph speed limit will no longer apply to Wales to reflect the reduction in the general speed limit for restricted roads.
Regulation 6 enables a new sign to be used to warn of or indicate the commencement of a new 20 mph speed limit. The corresponding sign indicating the commencement point of a new 30 mph speed limit will no longer apply to Wales to reflect the reduction in the general speed limit for restricted roads.
Regulation 9 prohibits the use of repeater signs on roads subject to a maximum speed limit of 20 mph and which have a system of carriageway lighting.
Regulation 10 restricts the use of the new sign introduced in regulation 6 warning of or indicating the commencement of a new 20 mph speed limit. The sign can only be used on a road with a recently imposed speed limit of 20 mph during the period of 12 months beginning with the day on which the new 20 mph speed limit comes into force.
Regulation 11 is a transitional and savings provision which applies to the 2016 Instrument. Signs which were in place prior to the coming into force of this Instrument and which complied with the 2016 Instrument as in force before the amendments made by this Instrument are to be treated as continuing to comply with the 2016 Instrument. The transitional and savings provision will cease to have effect after 12 months, save for in relation to the road marking indicating the maximum speed limit which will cease to have effect after 5 years. The transitional and savings provision will not apply to the sign warning of a speed camera ahead on a lit road and reminding drivers of a 30 mph speed limit.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Instrument. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Instrument.
1984 c. 27; sections 64(1) and (2) were amended by the Wales Act 2017 (c. 4), Part 2, section 26(4)(a); there are other amending instruments but none are relevant to this Instrument. For the definition of “relevant authority” see section 64(6A) of the 1984 Act (that definition having been inserted by section 26(4)(b) of the Wales Act 2017 (c. 4)so that “ relevant authority” in relation to Wales, means the Welsh Ministers).
Section 65(1) was substituted by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, Part 2, paragraph 48(2); section 65(1) was amended by the Wales Act 2017 (c. 4), Schedule 6, Part 3, paragraph 37(2); there are other amending instruments, but none are relevant to this Instrument. For the definition of “relevant authority” see section 65(5) of the 1984 Act (that definition having been inserted by Schedule 6, Part 3, paragraph 37(6) of the Wales Act 2017 (c. 4)so that “ relevant authority” in relation to Wales, means the Welsh Ministers).
Section 85(2) was amended by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, Part 2, paragraph 62(3); the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 30; and the Infrastructure Act 2015 (c. 7), Schedule 7, paragraph 89(2). For the definition of “national authority” see section 142(1) of the 1984 Act (that definition having been inserted by section 41(18) of the Scotland Act 2016 (c. 11)and amended by the Wales Act 2017 (c. 4), Part 2, section 26(8) so that “ national authority” in relation to Wales, means the Welsh Ministers).
Part 1 of S.I. 2016/362.
Part 2 of S.I. 2016/362.