PUBLIC SERVICE ANNOUNCEMENT
Why are we writing an article about “when is a road a dual carriageway”?
Based on queries we receive, there seems to be a lot of confusion on what should be a simple subject. In particularly, we receive calls from HGV drivers who have received NIPs in relation to allegations of speeding.
The drivers in question are often querying whether the specified speed limit is correct. Almost all of them are aware that HGVs are subject to lower speed limits than other vehicles.
So, for example, on a stretch of single carriageway covered by the national speed limit (60mph), HGVs weighing more than 7.5 tonnes are limited to 40mph.
On dual carriageways covered by the national speed limit (70mph) such vehicles are limited to 50mph. The speed limits for HGVs in England are higher but we are dealing solely with Scotland here.
The confusion arises, typically, when the driver believes the road to be a dual carriageway. This is because it has more than one lane in the direction they are travelling. This is typically known as a “crawler” section, or more than one lane in both directions.
So – When IS a Road a Dual Carriageway?
For the avoidance of any doubt, a road is NOT a dual carriageway just because it has two lanes in one/both directions. Such a road may well be a single carriageway.
A dual carriageway is a road which has a central reservation to separate the carriageways. Or ,at least, some kind of physical barrier which separates the two sides of the road such as a central grass verge. If the road is a stretch of continuous tarmac from one side to the other, it is a single carriageway.
It is a driver’s duty to be aware of the applicable speed limit for any given road. It is not a defence to a speeding offence to think that the road in question has a higher speed limit than it actually has. With that said, it is for the prosecution to prove the applicable speed limit. Proving the speed limit can sometimes be harder than it sounds.
If you have been charged with speeding or received a Notice of Intended Prosecution, get in touch for some initial FREE advice.