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Thread: Legal definition of motorway

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    Legal definition of motorway

    What is it?

    I can't find (after a relatively decent google) a legal definition for what makes a motorway a motorway.

    Closest thing I can find are words to this effect from wiki

    Limited access dual carriageway road not crossed on the same level by other traffic lanes, for the exclusive use of certain classes of motor vehicles.
    It is echoed by the local police site here (final lines of the image) http://www.lbsafetycameras.co.uk/ima...peed_table.jpg


    Now, the reason I'm asking is this: I can think of at least one road (and if you're local you know the one I mean) which fits this criteria, but isn't a "motorway". It can't be, because they let learners on, yet there are restrictions using on the road a-la a motorway and it meets both criteria above.


    So....what is the actual legal definition for a motorway?

    Edit: Source would be preferred!
    Last edited by roachcoach; 31-05-2011 at 12:41 PM.

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    Re: Legal definition of motorway

    Quote Originally Posted by roachcoach View Post
    Edit: Source would be preferred!
    Blue sign as opposed to green sign IMO
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    Re: Legal definition of motorway

    AFAIK roads have to be specifically classified as motorways by the relevant govt. transport authority. Roads don't become motorways just by meeting a specific set of criteria (though there may be some minimum criteria - these criteria might also be met by existing roads).

    Motorways are effectively normal roads with a more restrictive set of conditions placed on them to make high speed travel safer.

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    Re: Legal definition of motorway

    No clue, on further googling it seems there's another class of road: "Special". All motorways are "special", not all "special" are motorways.

    I imagine the one near me I'm thinking of is merely "special"

    /boggle.

    Was genuinely quite surprised I couldn't run down a definition for one though, considering dual carriageway is well documented.

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    Re: Legal definition of motorway

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    Re: Legal definition of motorway

    Quote Originally Posted by finlay666 View Post
    I don't see any definition there?

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    Re: Legal definition of motorway

    Yeah, I found that. Tells you what you can and cannot do, on a road type is does not define

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    Re: Legal definition of motorway

    Quote Originally Posted by roachcoach View Post
    Yeah, I found that. Tells you what you can and cannot do, on a road type is does not define
    Roads in the UK are classified into M (Motorway), A,[9] and B[9] roads. For internal purposes, Local Authorities may also use C,[10] D[citation needed] and U[10] (the latter standing for 'Unclassified'[specify])

    http://en.wikipedia.org/wiki/Roads_i...Classification

    It is just a road that starts with M really....
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    Re: Legal definition of motorway

    But then there's oddities like the "A74(M) motorway"



    It's a right pain in the arse!



    Edit: Some background as to what caused the question, note these are mainly bullet points of my thoughts at the time so no promises on it making sense.


    Read the police one above and noticed the somewhat "broad" definition of motorway.
    Thought about the bypass near me meeting all those criteria, wondered mostly simultaneously

    a) if it would be included in the proposed increased limit to 80?
    b) why, if its is a motorway by definition on the police site (albeit for speed limits) why learners can drive on it, but various other groups are banned?
    c) realised that the police site was for limits so likley their definition was in that context started looking for a firm definition...failed
    d) gave up, posted here.


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    Re: Legal definition of motorway

    Quote Originally Posted by roachcoach View Post
    But then there's oddities like the "A74(M) motorway"



    It's a right pain in the arse!
    Like I said, it's just a classification by the relevant authority. Once classified as a motorway, there are additional restrictions and it gains an M (and blue signage )

    Which to be honest, is far less of a pain in the arse than a situation where you had to try and work out crossings etc before deciding what set of rules you had to stick to

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    Re: Legal definition of motorway

    I'm inclined to agree, my main cause for pause was one of those regulations is very much speed limits and the police site itself gives a definition of motorway which is...shall we say open to interpretation or at least at odds with "common sense" and I can absolutely guarantee that every single "goods vehicle" is breaking the limit when flow allows .

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    Re: Legal definition of motorway

    Quote Originally Posted by roachcoach View Post
    No clue, on further googling it seems there's another class of road: "Special". All motorways are "special", not all "special" are motorways.

    I imagine the one near me I'm thinking of is merely "special"
    ....
    You have the root of it there .... all motorways are "special roads", not not all special roads are motorways.

    It dates back, as far as I can tell, to about 1949 with the Special Roads Act. That was amended, and then subsequently subsumed by the Highways Act 1980, and has probably been amended since.

    Essentially, all "general" roads have a public right of way. Special roads don't.

    Anyone can (with a licence, etc) drive on public roads, and pedestrians scan walk along their footpaths. Special roads are not a public right of way, and can be restricted to specified classes of driver (such as full licence holders), or specific classed of vehicle (no push bikes on motorways, or motorbikes under a certain power limit, IIRC, etc), or to other limitations, like paying a toll on a toll road. And toll roads are another example of "special roads, though there aren't all that many of them.

    So, what is a motorway? Basically, a special road, with restricted access, that has been designated as such by the Secretary of State for Transport (I think). And the usual method is via a Statutory Instrument, that being (as I understand it) a piece of legislation implemented by an authorised minister that does not go through the full legislative process of an "Act", and it is possible because another piece of legislation (like the Highways Act) authorises the relevant minister to enact certain things without the full legislative process .... or the full scrutiny of Parliament, the full committee process and the trips to and from the Lords for the readings. Do we want all that Parliamentary time taken up every time a new bit of road gets designated a motorway?

    But, interestingly, some quite important legislation is created via SI (Statutory Instrument), most notably for most of us, SI 2334/2000, more commonly known as the Consumer Protection (Distance Selling) Regulations 2000 ..... or the Distance Selling Regs.

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    Re: Legal definition of motorway

    Quote Originally Posted by roachcoach View Post
    But then there's oddities like the "A74(M) motorway"


    ....

    A road classified as a A-road, where a section of it has been upgraded to meet the standard requirements of a motorway and, as kalniel said, classified as a motorway, hence the brackets-M designation. In other words, motorway restrictions and laws apply.

    It is certainly usually the case, though I haven't checked out that specific one, that there will be an SI designating that bit of road as a special road. That is certainly the case with the Axx(M) roads near me. I even hunted down the SIs for a (very boring, and brief) read.

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    Re: Legal definition of motorway

    Quote Originally Posted by roachcoach View Post
    I'm inclined to agree, my main cause for pause was one of those regulations is very much speed limits and the police site itself gives a definition of motorway which is...shall we say open to interpretation or at least at odds with "common sense" and I can absolutely guarantee that every single "goods vehicle" is breaking the limit when flow allows .
    Well, I'd say that that "definition" given by that police site isn't really a definition but more of a description of common characteristics.

    Read, for instance, the Highways Act 1980 and it's definition of trunk roads, special roads, etc, and you'll see why such public info sites don't give the legal definitions, but merely a description that ought to mean everyone understands what they're talking about. If they tried to use legal definitions, the public would have dozed off or gone crazy re-reading the very precise legal terminology trying to work out what they heck they were trying to say.

    Really, all a driver needs to know is what he ought to know to get through a driving test (i.e. the relevant bits of the Highway Code) .... that the signage is blue, and the restrictions and stipulations that apply to his/her usage of motorways. Anything else is there if we care to go read it (I strongly suggest not bothering), and would merely confuse most people.

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    Re: Legal definition of motorway

    One day you guys will find something Saracen doesn't know about
    Quote Originally Posted by Saracen View Post
    And by trying to force me to like small pants, they've alienated me.

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    Re: Legal definition of motorway

    Quote Originally Posted by Saracen View Post
    Well, I'd say that that "definition" given by that police site isn't really a definition but more of a description of common characteristics.

    Read, for instance, the Highways Act 1980 and it's definition of trunk roads, special roads, etc, and you'll see why such public info sites don't give the legal definitions, but merely a description that ought to mean everyone understands what they're talking about. If they tried to use legal definitions, the public would have dozed off or gone crazy re-reading the very precise legal terminology trying to work out what they heck they were trying to say.

    Really, all a driver needs to know is what he ought to know to get through a driving test (i.e. the relevant bits of the Highway Code) .... that the signage is blue, and the restrictions and stipulations that apply to his/her usage of motorways. Anything else is there if we care to go read it (I strongly suggest not bothering), and would merely confuse most people.
    You're right, but (imo) if they are going to use road type as a factor to the speed people are allowed to drive*, it would be in everyone's interest to define them clearly.

    It shouldn't be that hard to say "anything with a blue sign = motorway; no blue sign != motorway" in legalese and stick it in the h'way code

    You'd be a bit narked if you ran across what is eminently an official site giving arguably duff info and were pinched for it. Probably never happen of course, but you never know.


    *Or just get rid of the difference between duals and motorways since in reality it makes no difference anyway.

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