Purpose and Intended Effect
Background
The existing Traffic Signs Regulations and General Directions 2016 (TSRGD) establishes directions and regulations relating to traffic signs and road markings.
Powers over traffic signs were devolved to Scottish Ministers under the Scotland Act 2016. Prior to this the TSRGD was applied on a UK wide basis by the Department for Transport.
Following devolution of the TSRGD, “The Traffic Signs Amendment (Scotland) Regulations and General Directions 2018” was introduced as secondary legislation in Scotland. This 2018 instrument is currently the only amendment made to TSRGD since the devolution of traffic signing. It was limited in scope and did not significantly deviate from regulations across the UK.
Objective
A Scottish Statutory Instrument (SSI) is proposed to be introduced in 2022, to enable the TSRGD to be amended to meet the needs of the network in Scotland.
Proposed amendments to the TSRGD are to address the following issues:
- Prescribing signs for Low Emission Zones (LEZ)
- Prescribing signs and markings which have on occasion been authorised for use through the non-prescribed sign process, but are not currently prescribed within the regulations
- Scotland specific amendments to reflect unique requirements of the Scottish road network
- Updating symbols for bodies such as Forestry and Land Scotland and RSPB
- Supporting signing for modern infrastructure such as vehicle charging and motorhome service points
It is emphasised that the 2022 Regulations and General Directions will only be for the specific purpose of amending the directions and regulations relating to traffic signs. It will include prescribed signs for LEZs, supporting the introduction of LEZ schemes in Scotland, however LEZ schemes are established and regulated under separate secondary legislation, namely The Low Emission Zone (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021, and The Low Emission Zone (Scotland) Regulations 2021.
The potential impact of the 2022 Regulations and General Directions is therefore considered in this context, and this is discussed further within this BRIA.
Rationale for Government Intervention
Powers over traffic signs were devolved to Scottish Ministers under the Scotland Act 2016. Prior to this the TSRGD was applied on a UK wide basis by the Department for Transport.
Transport Scotland has recognised a need to amend TSRGD specifically to meet the evolving needs of the Scottish road network. In the period since devolution of TSRGD, a live list of potential amendments has been maintained.
Issues have been identified through various channels, including:
- Issues consistently being highlighted through the non-prescribed signs approval process, indicating situations where prescribing new signs may be appropriate
- Issues highlighted by Transport Scotland officers, noting situations arising where new prescribed signs would be beneficial
- Issues highlighted by Scottish local authorities, noting situations arising where new prescribed signs would be beneficial
- Issues consistently highlighted through enquiries from the public
- Issues raised at Transport Scotland’s Traffic Signs Working Group, a regular forum including traffic signs practitioners from Scottish and local government, road operators and industry bodies.
The scheduled introduction of Low Emission Zones in four of Scotland’s cities in 2022 (Aberdeen, Dundee, Edinburgh and Glasgow), and the requirement to have appropriate road signs within TSRGD to identify these zones, has driven the need to amend and update aspects of this legislation. It is noted that a Business and Regulatory Impact Assessment for the LEZ regulations has been prepared and is available online.
Relationship with other Related Guidance
The 2022 Regulations and General Directions will relate directly to the existing TSRGD, and will be presented as amendments to TSRGD 2016.
The Traffic Signs Manual offers advice on the use of traffic signs and road markings on the highway network, as referenced in TSRGD. The 2022 Regulations and General Directions provide for additional signs, and make minor amendments to the application of existing signs, but do not compromise or contradict the Traffic Signs Manual.
Where TSRGD makes reference to Primary Legislation, it will continue to do so. This is not affected by the 2022 Regulations and General Directions.
The signs developed for use in relation to LEZs under the 2022 Regulations and General Directions will support The Low Emission Zone (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021, and The Low Emission Zone (Scotland) Regulations 2021. These new LEZ signs and road markings included within the 2022 Regulations and General Directions will be used for information and advisory purposes; enforcement of an LEZ scheme is not dependent on the placement of signs or use of road markings.
What might prevent the desired outcomes being achieved?
Nothing has been identified to specifically prevent the desired outcomes being achieved.
It is important that roads authorities and operators, including local authorities, are aware of the changes and understand their meaning. These bodies have been consulted through the “invitation to comment”, and will be further advised on the new regulations coming into force.
Clarity of meaning of the new signs to road users is also essential. While the majority of amendments are minor, based on existing traffic signs and therefore considered unlikely to cause issues, it has been identified that the LEZ signing is more unique.
A public awareness raising campaign is to be undertaken specifically relating to Low Emission Zones, which will include information regarding road signs. This is to be addressed under LEZ policy, which is separate from the 2022 Regulations and General Directions. This may include television and radio broadcasts, information on local authority websites, direct information provided to Blue Badge holders (who are exempt from the LEZ restrictions). An information website is also provided by Transport Scotland, which will continue to be developed.