The M9/A9 Trunk Road (Thurso and Scrabster) (Temporary 20mph, 30mph and 40mph Speed Restrictions) Order 2024

The Scottish Ministers give notice that they have made the above Order under sections 2(1), 4(1) and 14(1)(b) and (4) of the Road Traffic Regulation Act 1984, which will have the effect of imposing a temporary 20mph, 30mph and 40mph speed restrictions on the following lengths of road;

20mph

  1. That length of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road at Thurso from a point 10 metres or thereby south east of the centre line of its junction with the C1081 Janet Street to a point 85 metres or thereby north west of the centre line of its junction with the C1077 Durness Street, a distance of 716 metres or thereby.
  2. That length of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road at Scrabster from a point 142 metres or thereby south west of the centre line of its junction with the access to the oil terminal to a point 276 metres or thereby north east of the centre line of its junction to the access to the oil terminal, a distance of 418 metres or thereby.

30mph

That length of the M9/A9 Edinburgh - Stirling - Thurso Trunk Road at Thurso from a point 85 metres or thereby north west of the centreline of its junction with the C1077 Durness Street to a point 203 metres or thereby west of the extended centreline of Castlegreen Road, a distance of 596 metres or thereby.

40mph

That length of the A9 Edinburgh - Thurso Trunk Road at Thurso from a point 53 metres or thereby, south west of the extended centreline of Millbank Road in a southerly direction to a point 127 metres or thereby south of the extended centreline of Mount Vernon Cemetery access road, a distance of 509 metres or thereby.

The Order, which is required for the interest of road safety, to implement the National Strategy for 20mph and to coordinate with local authority 20mph plans on non-trunk roads, will be in operation from 25 November 2024 until 25 March 2025, and will only have effect in relation to such part or parts of the length of road as is indicated by the appropriate traffic signs.

The Order does not apply to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those Regulations; or vehicles being used in an emergency for coastguard purposes.

The M9/A9 Trunk Roads (Brora, Scrabster and Thurso) (Temporary 20mph Speed Restriction) Order 2023 is revoked.

Alternative routes

An alternative route is not required.

For information about roadworks on motorways and trunk roads visit Traffic Scotland

M Polland
A member of the staff of the Scottish Ministers
Transport Scotland
George House
36 North Hanover Street
Glasgow G1 2AD

UN Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 Compatibility Consideration and Narration of Statement of Compatibility

The Scottish Ministers have made the following statement regarding children’s rights.

“In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, the M9/A9 Trunk Road (Thurso and Scrabster) (Temporary 20mph, 30mph and 40mph Speed Restrictions) Order 2024 is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”

Child Rights and Wellbeing Impact Assessment

Introduction

  1. Brief Summary

 Scottish Statutory Instrument (SSI)

The M9/A9 Trunk Road (Thurso and Scrabster) (Temporary 20mph, 30mph, 40mph Speed Restriction) Order 2024 starts on 25 November 2024. This SSI applies a temporary maximum speed limit of 20mph, 30mph and 40mph to specified stretches of road within the Thurso and Scrabster areas. until 25 March 2025. exact extents to which this SSI applies road description is given in the order.

The intended purpose of this order is to continue to reduce temporary speed limits on trunk roads from 30 to 20mph where appropriate. In addition reducing the speed limit from 40mph to 30mph for a short section in the north of Thurso and reducing the speed limit from the National speed limit to 40 mph in the south of Thurso. These sections of trunk road where the 30mph limit is being reduced to 20mph are assessed as being appropriate as there are a number of houses and facilities, including in:

  • Thurso; there are two Churches; Tennis Courts, a Football Pitch and Play Park; a Health Care Centre and a Bowling Club.
  • Scrabster; there are a number of houses fronting the road leading to the ferry port at Scrabster.

The overall aim of this order is to reduce speeds on the section of the trunk road in Thurso and Scrabster in the interests of road safety and to implement the National Strategy on 20mph limits. There has been an existing temporary road traffic order in place since 2023.

Following a review of traffic speeds, the existing temporary 20mph limit section in Thurso is now being extended to include access to a playpark at the northern extent of the section.

As well as continuing to apply a temporary 20mph speed limit, the existing 30mph speed limit in Thurso is being extended, on a temporary basis, due to the installation of a controlled crossing at the Northern end of Thurso. The new 40mph speed limit on approach to Thurso is to encourage drivers to slow down as they enter Thurso and further support the 20mph speed limit.

The aims of the National Strategy are to expand 20mph speed limits across Scotland and will ensure all appropriate roads in built-up areas have a safer speed limit of 20mph by 2025. The strategy seeks to introduce a consistency for 20mph speed limits across the country, simplifying speed limits for drivers. It seeks to reduce perceptions of road danger, encourage people to walk, wheel and cycle, and create more pleasant streets and neighbourhoods by providing a more equitable balance between different road users and will contribute to the implementation of the safe system.

The high level strategy is being implemented through a number of SSIs, the specific impacts of which will be assessed though the individual CRWIAs.

Start date of proposal’s development: 01 May 2024

Start date of CRWIA process: 01 October 2024

  1. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

The speed limit put in place by this order has the potential to have an impact with regards to the following Articles from the UNCRC Act.

  • Article 6 Life, survival and development,
  • Article 23 Children with a disability
  • Article 24 Health and health services
  • Article 28 Right to education
  • Article 31 Leisure, play and culture.

Article 6 – due to improved road safety

Articles 23, 24, 28, 31 – Improved safety to access facilities used by children and young people.

See Question 8- Please note Question 8 also includes Article 2 following further assessment from the evidence.

  1. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal. 

From:

  • existing research/reports/policy expertise
  • consultation/feedback from stakeholders
  • consultation/feedback directly from children and young people

Evidence from the following reports has been used in making the decision to reduce the speed limit to 20 mph

Qualitative data from Scottish Borders Council trial

Scottish Borders Council (SBC) conducted public attitudinal surveys across the Local Authority Area about the 20mph speed limit trial. While not part of the wider national strategy this was the first area to apply these 20mph speed limit on a temporary basis, monitor and then bring them into force permanently. While specific areas will also gather evidence both for the temporary and potentially permanent future speed limit changes the experience in the Borders provides useful insights and learnings in the planning and development of future orders. The SBC public attitudinal surveys were conducted as an online consultation on a self-selecting basis. It should be noted that there were strong feelings about the introduction of 20mph limits in the Borders. Feedback from their consultation can be found here and specific settlements can be selected including those settlements which are on the trunk road. There was a mixture of positive and negative responses, however those negative responses did not focus on children’s rights impacts and were more surrounding concerns that drivers were not adhering to the slower speed, that it was causing frustration with some drivers tailgating or overtaking at dangerous points. Some respondents felt it was causing congestion and argued that that it made it less safe for children due to the behaviour of drivers as a result of being asked to drive more slowly. Below are some positive responses regarding children.

“I welcome 20mph speed limit and gives me slightly more peace of mind when my children are walking but do feel it needs reinforced.”

“I think the roads are safer for children and elderly when they are walking. I am in favour of keeping these restrictions”.

“It feels safer for me and my children. We can cross the road to the school bus each morning without the same worry and fear caused by speeding vehicles. The noise pollution is also less with slower moving vehicles”.

“As a parent of two primary school aged children I found the speed of most drivers through our village terrifying and I still do not feel comfortable letting my young children cross our road as it is too busy. However, I feel that the reduced speed limit has helped reduce the speed of most drivers, if not to 20 then at least to 30 or below. This has made a significant difference to how I feel while walking with my children in the village and we are definitely walking more frequently and feel safer doing so”.

Speed Survey Data

Baseline speeds were gathered for Scrabster. Speed surveys have been conducted in Thurso and Scabster since the introduction of the 20mph speed limits and the results support the continuation and increase of the 20mph limit. Surveys were also conducted on the sections to be changed to 40mph and 30mph and the results supported these speed reductions. The results of these along with feedback from stakeholders will be used to help inform any future potential changes needed. to be made to the SSI over the period that it is in place.

Discussion with Local Authority and Police Scotland

Informal consultation with the local authority and Police Scotland has been carried out to help inform changes to the speed limits in Thurso taking into account local knowledge of the area concerned. Police Scotland and the Local Authorities will also be consulted as part of the statutory consultation should the temporary order be promoted as a permanent order.

  1. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

This section of road in Thurso and Scrabster was chosen for a reduction in speed to 20mph from 30mph as it contains many houses with their front door opening out onto the main road along with other community facilities including two Churches; Tennis Courts, a Football Pitch and Play Park; a Health Care Centre and a Bowling Club. Therefore, it was more likely for there to be a danger to children in moving around the local area. A reduction in speed here is likely to make it safer, easier and more pleasant for children to move around the area, which has informed the decision, based on the evidence listed at (3) above, to apply a temporary speed limit to this stretch of road. No negative impacts were highlighted in reviewing the evidence.

Longer term changes in driver behaviour and safety in this community due to the 20mph limit will not be fully realised until after the implementation of this temporary order and trends begin to emerge. This will inform the decision as to whether to make the order permanent, which is out with the scope of this CRWIA. Further evidence gathering such as speed surveys will take place throughout the duration of this order. This evidence will be used to inform the decision as to whether to make this order permanent and will be included in the CRWIA for any subsequent permanent order.

  1. Analysis of Evidence

The TRL report (Cookson et al) showed that someone hit at 30mph is seven times more likely to die than if hit at 20 mph. This shows that a lower speed limit would help protect children reducing the risk of death or serious injury should they be struck by a moving vehicle, contributing to Article 6.

Transport Scotland’s Key reported road casualties from 2023 reported that 28% of all pedestrian casualties of all ages were children (263 out of 939) demonstrating how children are disproportionately affected as pedestrian casualties on Scotland’s Roads. Lowering speed limits should encourage lower speed and help to reduce the number of pedestrian casualties that are children, contributing to Article 6.

The study carried out by Edinburgh Napier University analysed the changes in speeds across the Scottish Borders. 20 mph limits were introduced across the Borders as part of Spaces for People during the Covid 19 pandemic. The study showed that mean speeds across the Borders were reduced by about 3 mph with greater reductions observed on roads that had higher speed patterns before the limit was introduced. This shows that the introduction of the lower speed limit should reduce the speeds by 3 mph or more. The trunk road reductions from their speed surveys are noted in the table below. It is anticipated that similar reductions will be seen elsewhere on the Trunk Road Network.

Location Average 7 day 24 hour Before (Sept/Oct 2020) After (Jun/Aug 2021) Difference Percentage change
Carlops mean 26.4 23.0 -3.4 -13%
Hawick mean 26.9 23.6 -3.3 -12%
Jedburgh mean 30.8 25.7 -5.1 -17%
Lauder mean 30.1 25.2 -4.9 -16%
Selkirk 1 mean 28.3 23.3 -5.0 -18%
Selkirk 2 mean 27.1 24.1 -3.0 -11%
West Linton mean 30.3 25.3 -5.0 -17%

Similar speed reductions have been seen from speed surveys conducted in Scrabster with the mean speeds reducing by 1.2mph. In Thurso no baseline surveys were undertaken but surveys conducted after the introduction of the speed limit show a good level of compliance with the 20mph restriction. This demonstrates that lowering the speed limit on the trunk road through Scrabster and Thurso has the potential to help protect children as they are vulnerable as pedestrians contributing positively to Article 6 of the UNCRC Act.

Surveys conducted on the sections proposed to reduce to 30mph and 40mph also showed good levels of compliance. The increase in length of the 30mph limit beyond the pedestrian crossing should make it safer to cross the road and the 40mph limit to the south should support compliance with the 20 mph limit through Thurso further contributing positively to Article 6 of the UNCRC Act and the aims of the National Strategy for 20mph limits in Scotland.

The paper from the Glasgow Centre for Population Health Scotland showed that child pedestrians from more deprived areas in Scotland are three times more likely to be injured on the roads than those from less deprived areas. While this isn’t area-specific i.e. we believe this is an important aspect to consider as varying levels of deprivation can be present in any local authorities. Therefore, it is possible to apply findings to other areas and consider as part of the overall analysis of evidence.

The UNICEF (2022) report pointed to longer term impacts that this SSI along with others introduced as part of the wider strategy could have on children, while this is more globally focussed, it can help us to understand road safety with a specific focus on children and we believe it provides useful insight and findings alongside our other evidence.

“As well as the benefits of Road safety solutions with cross-cutting benefits for people, the planet and profits exist. Transforming environments to enable children’s safe mobility promotes their physical activity, active travel, independence, wellbeing and development. Wider social, economic and environmental benefits of these transformations include reduced health system costs from fewer road traffic injuries and disabilities, less traffic congestion, through lower air and noise pollution with the use of new technologies, increased walking and bicycling to improve health and reduce non-communicable diseases and improved overall safer and child-friendly communities that contribute to economic growth.”

The surveys conducted by the SBC gave an indication of some of the positive impacts that may be felt by parents and the positive impact that they could have on children, contributing to Articles 23, 24, 28 and 31.

  1. What changes (if any) have been made to the proposal as a result of this assessment?

Having gone through this assessment and considering the rights of the child no changes have been made as they would not result in further progression of any of the positive impacts of the intervention. There could be small impact on children brought about by increased journey times through Thurso and Scrabster. 

Conclusion

  1. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Positive

  1. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.
  • Article 2 Non-discrimination
  • the place criteria from the National Strategy for implementing a 20mph is applied universally across Scotland irrespective of the socioeconomics of the locality. Glasgow Centre for Population Health report showed how children from deprived areas are disproportionately affected by pedestrian casualties. Therefore by implementing the restriction to appropriate roads as defined by the place criteria, this aims to reduce those disproportionately impacted as pedestrian casualties and in turn contributes to non-discrimination.
  • Article 6 Life, survival and development,
  • This SSI has the potential to make it safer for children crossing the road as shown by the TRL report and the Key Reported Road Casualties in Scotland listed in question 2 as this road is more likely to be used by pedestrians; the road having been considered appropriate due to the place criteria which considered factors such as proximity to schools, community facilities, the density of house frontages etc.
  • Article 23 Children with a disability, Article 24 Health and health services, Article 28 Right to education, Article 31 Leisure, play and culture.
  • because trunk roads have the potential to limit or reduce access to facilities due to safety concerns this SSI could potentially have an impact in increasing access to these facilities by making access safer for those travelling on foot or by bike and allow greater freedom due to improved road safety which we foresee to be a potential positive long term impact. This positive impact is highlighted in the 2022 Unicef report.
  1. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

It is not anticipated that this proposal will have a negative impact on children’s rights as the proposed change to the speed limit does not close any roads, limit or reduce access. While there may be a slightly increased journey time (approximately 27 seconds at Thurso when travelling the full 716m and 16 seconds at Scrabster when travelling the full 418m length of the 20mph restrictions, this is considered to be minimal and is intended to contribute to the safer travel to the destinations accessed by these roads.

Some evidence has suggested there was the potential for the 20mph speed limits to cause some drivers to drive more dangerously than if they were driving at a 30mph speed limit, however, this is not the result of the (temporary) traffic regulation order but of human behaviour instead. Scottish Government have campaigns in place to promote safe driving such as - Road Safety Scotland - Speeding Campaign - You only have to lose control once - 30sec (youtube.com).

We consider lower speed limits along with wider Scottish Government Road Safety Scotland campaigns will help to contribute to a safer environment for children.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

Please summarise mitigation actions taken below

Issue or risk Identified per Article/ Optional Protocol

Not applicable

Action Taken/ To Be Taken

Not applicable

Date action to be taken or was taken

Not applicable

  1. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Yes

If yes, please provide and explanation below:

By lowering the speed limit, this SSI is intended to contribute to the wellbeing of children. It will likely keep them SAFE and feel NURTURED by making things such as crossing the road and moving around Thurso and Scrabster less dangerous.

Longer term impacts of the lower speed limit on the wellbeing of children could be that if they and their caregivers feel safer it may encourage them to walk, wheel or cycle more, keeping them ACTIVE and HEALTHY. This may remove a barrier enabling them to get around more independently increasing their sense of freedom and ability to participate in activities helping them to ACHIEVE be INCLUDED and feel RESPECTED and RESPONSIBLE.

  1. How will you communicate to children and young people the impact that the proposal will have on their rights?

This CRWIA has been written in an accessible format for all children and young people to understand. It will be published on the legislation website under the name ‘Child Rights and Wellbeing Impact Assessment’ for children and young people to see the impacts that this proposal may have.

Post Assessment Review and sign-off

  1. Planning for the review of impact on children’s rights and wellbeing

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.

  • How will the impact of the proposal on children’s rights and wellbeing be monitored?
  • When will you review and update the CRWIA if required?

As detailed in Question 4 the impact of this SSI along with others as part of the National Strategy on 20mph limits will be monitored over a number of years through a wider study. In addition, the Road Safety Performance of the Trunk Road Network will be monitored.

  1. Sign off

Policy Lead Signature & Date of Sign Off:

Robert W Bain 11 November 2024

Deputy Director Signature & Date of Sign Off: Martin Polland 14 Nov 2024

Date CRWIA team first contacted: 20/06/24

Start date 22 Nov 2024 End date 25 Mar 2025 Status Region