
1 
These Regulations may be cited as the A823(M) Pitreavie Spur Trunk Road (Variable Speed Limits) Regulations 2012 and come into force on 1st September 2012.
2 
In these Regulations—
 “the 1995 Regulations” means the Motorways Traffic (Scotland) Regulations 1995;
 “hard shoulder” means a part of the road which is adjacent to and situated on the left hand side of the carriageway, when facing in the direction in which vehicles may be driven in accordance with regulation 5 of the 1995 Regulations, and which is designed to take the weight of a vehicle;
 “national speed limit” means any prohibition imposed on a road by regulation 3 of the Motorways Traffic (Speed Limit) Regulations 1974;
 “relevant speed limit sign” means a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations and General Directions 2002 which is—
(a) displayed on a variable message sign which is situated over, on or near any part of a specified length of road; and
(b) directed at traffic, on the specified length of road being driven in accordance with regulation 5 of the 1995 Regulations;
 “road” includes the adjacent hard shoulder;
 “specified lengths of road” means any of the lengths of the road known as A823(M) Pitreavie Spur Trunk Road specified in the Schedule to these Regulations.
3 

(1) A person must not drive a vehicle on a section of any of the specified lengths of road to which a variable speed limit applies at a speed exceeding the applicable variable speed limit.
(2) The section of the specified length of road to which a variable speed limit applies is the section of the road—
(a) beginning immediately after a relevant speed limit sign indicating a maximum speed limit other than the national speed limit; and
(b) ending immediately after—
(i) a relevant speed limit sign indicating that another maximum speed limit applies; or
(ii) traffic signs mounted on the same post bearing the words “Variable Speed Limit” and “Ends”.
(3) The applicable variable speed limit is the maximum speed limit indicated by the relevant speed limit sign referred to in paragraph (2)(a)—
(a) when the vehicle passed that sign; or
(b) if higher, the maximum speed limit indicated by that sign ten seconds before the vehicle passed it.
(4) For the purposes of this regulation the relevant speed limit sign is to be taken as not indicating any maximum speed limit if, ten seconds before the vehicle passed it, the sign had not indicated any maximum speed limit.
KEITH BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
16th May 2012
SCHEDULE
Regulation 2
1 
The eastbound carriageway from a point 950 metres or thereby east of its junction with Pitreavie Roundabout eastwards to the point where it merges with the northbound carriageway of the M9/A90/M90 at Junction 2 Masterton Interchange.
2 
The eastbound off-slip from the point where it diverges from the eastbound carriageway at Junction 2 Masterton Interchange to the point where it merges with the southbound carriageway of the M9/A90/M90.
3 
The westbound on-slip connecting the southbound carriageway of the M9/A90/M90 at Junction 2 Masterton Interchange with the westbound carriageway.
4 
The westbound on-slip connecting the northbound carriageway of the M9/A90/M90 at Junction 2 Masterton Interchange with the westbound carriageway.
5 
In this Schedule—
(a) a junction followed by a number is a reference to the junction of the M90 of that number;
(b) “the M90” means the motorway known by that name;
(c) “the M9/A90/M90” means the road known as the M9/A90/M90 Edinburgh to Fraserburgh Trunk Road;
(d) “motorway” has the same meaning as in the 1995 Regulations;
(e) “off-slip” means a slip road intended for the use of traffic exiting the road known as A823(M) Pitreavie Spur Trunk Road;
(f) “on-slip” means a slip road intended for the use of traffic entering the road known as A823(M) Pitreavie Spur Trunk Road.