M40 Southbound - J14 Warwick South Junction
At around 8:15 Wednesday long queue of traffic waiting to exit, about 1/4 mile of queue on the hard shoulder.
Presume this is illegal but probably like that every morning.
It does help the flow on the M40 but what would happen if there was a breakdown in the queue!
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Sorry Ian I took so long....
What you describe is allowed under Reg 7 (4) Motorways Traffic (England and Wales) Regulations 1981 stopping whilst prevented from proceedings along the c/way by the presence of any other vehicle etc.
dvd
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Really? So if the motorway in front of you is blocked by queuing traffic you can use the hard shoulder to get to your exit?
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the above scenario is a regular occurence on my way to work as is the traffic car waiting at the bottom of the slip road booking all those drivers they've seen coming down the hard shoulder.
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Look forward to their encounter with DVD, then... :-)
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Why are they queuing on the hard shoulder, shouldn't they by queuing in the inside lane?
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In my younger days I was nicked for driving on the hard shoulder.
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I'm not sure Ian and DVD are talking about the same thing?
At the junction mentioned, the only thing preventing progress in lane 1 is the taffic queuing for the slip road. I presume in that case it would be considered sensible to keep the motorway clear by using the hard shoulder and then rejoining the slip road as soon as it separates from the motorway.
I'm doubtful that that's legal, strictly speaking, though?
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from the Fife police website:
A90 Road Works, delays possible
Wednesday 11th January, 2006
FIFE CONSTABULARY would like to inform drivers that rock excavation operations, connected with the construction of an additional lane on the A90 near to Ferrytoll, are to resume on Sunday 15 January 2006.
It is likely that long delays and tailbacks will occur on the M90 (southbound) from approximately 8.00am hours onwards. Diversions will be in place and drivers are asked to be patient and take the likely delays into account when planning their journeys.
Drivers are reminded that the hard shoulder of the motorway must only be used in a case of emergency. Any drivers misusing the hard shoulder will be liable to a Fixed Penalty of £60 and have their licence endorsed with 3 Penalty Points.
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So I am driving down the nearside lane of the Mway intending to take the next exit along with countless others. Becuase of the bottle neck at the exit due to traffic volume, traffic comes to a halt on the nearside lane of the main carriageway before the commencement of the deceleration lane for the exit. I don't stop on the carriageway of the Motorway but move over onto the hardshoulder and travel on that to the exit lane hardshoulder.
Gor blimey Gov at the top of the exit lane is Plod issuing FPN for driving on a hardshoulder.
I refuse the ticket and go for a Not Guilty plea at Court. I tell the Magistrates that I was not going to stop on the main carriageway of the Motorway because by doing so I most likely would be the cause of a multi pile up involving possible death and serious injury and moved onto the hardshoulder, like others, to allow the main carriageway to remain free flowing.
I would also quote Reg 16, in addition to 7, MW Regs which outlines exemptions from the Regs, one in particlular being
"where it is necessary for him to do so to avoid or PREVENT AN ACCIDENT......."
Verdict?
dvd
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Should have added - offence to stop on the main carriageway unless..
and that I didn't overtake others wishing to leave at the exit but merely used the hardshoulder along with the others in line wishing to leave.
dvd
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How can you prove you were going to prevent an accident?
Unless you have Ronnie O'Sullivan or Alex Fergusons lawyer you end up Guilty as charged DVD.
How for instance do you know that the cause of the hold up is not an accident on the slip road and you and other hard shoulder users will block emergency services?
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I believe that this is an "absolute offence" ie there are no excuses allowed and a penalty will follow if caught. If you contest it as above it then comes down to the court to decide whether or not your mitigating circumstances are valid. This is up there with the "rushing someone seriously hurt to casualty after having had four pints" - you'll still be done for drink driving but the sentence might but more lenient than if you'd just been driving home from the pub.
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DVD,
Two questions spring to mind....
1. If others are already queued in lane, how will your not being there prevent an accident? ( I could understand if you would be the first one to queue in lane one. FWIW the Traffic guys I spoke to in Avon & Somerset Traffic, had no issue when I mentioned I would Q on the shoulder when a queue exists in lane one, but not proceed further, other than to move with the queue(i.e. undertake others in lane one).
2. Why would/do the Traffic Police enforce what may be an unefforcable rule?
Thanks in anticipation,
Graham.
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...And a 3rd point I forgot :-)
"stopping whilst prevented from proceedings along the c/way by the presence of any other vehicle etc."
Surely "stopping" is the key word here? Not proceeding?
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grnicol
So I come along the nearside lane of the carriageway wanting to exit and note all the others wishing to do the same and extending the queue by using the hardshoulder. Wow, I obey, and sit on the carriageway itself, sometimes stationary, sometime creeping to await the arrival of the exit lane and a chance for someone to let me in. Behind are a stream of bludddy great artics bearing down on me at 60 plus. How do I prevent the inevitable accident? Getting onto the hardshoulder in the queue?
A Traffic plod of my era under such circumstances described would not issue tickets willy nilly but address the real problem and have the matter discussed with Traffic Management/HA to either extend the exit lane or have signing to use hardshoulder.
Unfortunately pressure now on Plod not to use common sense but get those fiqures up to prove value for money. There is no league table for common sense approaches.
dvd
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M40 Southbound - J14 Warwick South Junction At around 8:15 Wednesday long queue of traffic waiting to exit, about 1/4 mile of queue on the hard shoulder. Presume this is illegal but probably like that every morning. It does help the flow on the M40 but what would happen if there was a breakdown in the queue!
I think i know waht Ian is describing: rather than queue on the motorway, all of the traffic is queuing on the hard shoulder, rather than a couple of people nipping down the HS, which i think is what DVD is describing.
I have seen the same on the M5 southbound at the newish junction for Gloucester (J12?). IIRC, the police are actually directing people to queue on the hard shoulder to get them off the M5. The Highways Agency have admitted that the junction design doesn't cope with the traffic and they'll have to sort it out.
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Verdict? dvd
9 times out of 10 - Guilty - and a big fine from the Mags (who you've made late for their lunch) for trying to be clever.
I dare say you'd get off on appeal, but how many have to stomach (and deep enough pockets) for that?
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