Diversions and non-motorised traffic

[Solocle]

Evening SP&L, this is a legal question arising from my bike ride on Friday night / Saturday morning.

The route was London-Stonehenge, out to Basingstoke on the A30, then heading towards the A303.


Everything went smoothly as far as Basingstoke, but then this is where my question arises. Roadworks on the A30 heading towards Popham. I ended up off route, at a roundabout, and saw this:

Yep. A diversion onto the motorway! Pretty sure this isn't a motorway-motorway diversion, as there aren't other motorways nearby... instead it's almost certainly an all purpose diversion.

My question is, would it be legal to follow such a diversion? I've tried looking at the legislation, but it's legalese and I could make an argument either way. (N.b. I double backed to check, and was in fact able to continue along the A30, so this is a hypothetical).

In particular:

Motorway Traffic England And Wales Regulations 1982 said:

Use of motorway by excluded traffic

15.—(1) Excluded traffic is hereby authorised to use a motorway on the occasions or in the emergencies and to the extent specified in the following provisions of this paragraph, that is to say—

(a)traffic of Classes III or IV may use a motorway for the maintenance, repair, cleaning or clearance of any part of a motorway or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of a motorway;

(b)pedestrians may use a motorway—

(i)when it is necessary for them to do so as a result of an accident or emergency or of a vehicle being at rest on a motorway in any of the circumstances specified in paragraph (2) of Regulation 7, or

(ii)in any of the circumstances specified in sub-paragraphs (b), (d), (e) or (f) of paragraph (1) of Regulation 16.

(2) The Secretary of State may authorise the use of a motorway by any excluded traffic on occasion or in emergency or for the purpose of enabling such traffic to cross a motorway or to secure access to premises abutting on or adjacent to a motorway.

(3) Where by reason of any emergency the use of any road (not being a motorway) by any excluded traffic is rendered impossible or unsuitable the Chief Officer of Police of the police area in which a motorway or any part of a motorway is situated, or any officer of or above the rank of superintendent authorised in that behalf by that Chief Officer, may—

(a)authorise any excluded traffic to use that motorway or that part of a motorway as an alternative road for the period during which the use of the other road by such traffic continues to be impossible or unsuitable, and

(b)relax any prohibition or restriction imposed by these Regulations in so far as he considers it necessary to do so in connection with the use of that motorway or that part of a motorway by excluded traffic in pursuance of any such authorisation as aforesaid.

Exceptions and relaxations
16.—(1) Nothing in the foregoing provisions of these Regulations shall preclude any person from using a motorway otherwise than in accordance with the provisions in any of the following circumstances, that is to say—

(a)where he does so in accordance with any direction or permission given by a constable in uniform or with the indication given by a traffic sign;

(b)where, in accordance with any permission given by a constable, he does so for the purpose of investigating any accident which has occurred on or near a motorway;

(c)where it is necessary for him to do so to avoid or prevent an accident or to obtain or give help required as the result of an accident or emergency, and he does so in such manner as to cause as little danger or inconvenience as possible to other traffic on a motorway;
...

The section about indication by a traffic sign would seem pretty clear. However, the restriction on excluded traffic is itself elsewhere in legislation (RTRA 1984?). AIUI The section about use by excluded traffic says that such use has to be authorised by the Chief Constable.

[firemunki]

Regardless of legality I'd really not fancy riding on a motorway, no one will expect me there and people miss seeing cyclists even on roads where they're expected to be.

[randlemarcus]

I'm going to go with No, but it's an interesting question, and probably should be asked of your local police force. I suspect they weren't aware of a diversion from an A road onto the motorway, and would be horrified. You had enough of a clue to look it up (presumably because it's so odd sounding, it couldn't possibly be true), but I would guess there are people daft enough to just blindly follow.

[Flumpo]

firemunki said:

Regardless of legality I'd really not fancy riding on a motorway, no one will expect me there and people miss seeing cyclists even on roads where they're expected to be.

I think I would rather take my chances cycling down whatever road they had closed.

[Sebring440]

Solocle said:

Yep. A diversion onto the motorway! Pretty sure this isn't a motorway-motorway diversion, as there aren't other motorways nearby... instead it's almost certainly an all purpose diversion.

My question is, would it be legal to follow such a diversion?

Don't be so fking stupid.

[InitialDave]

Flumpo said:

firemunki said:

Regardless of legality I'd really not fancy riding on a motorway, no one will expect me there and people miss seeing cyclists even on roads where they're expected to be.

I think I would rather take my chances cycling down whatever road they had closed.

Yep, to my mind, this falls under "sufficiently stupid instructions should be ignored".

[AlexRS2782]

Sebring440 said:

Don't be so fking stupid.

Fairly sure OP has form for asking about similar.

Edit - yep, only a month ago - https://www.pistonheads.com/gassing/topic.asp?h=0&...

Or "Map Warrioring" as the OP calls it

[GranpaB]

AlexRS2782 said:

Sebring440 said:

Don't be so fking stupid.

Fairly sure OP has form for asking about similar.

Edit - yep, only a month ago - https://www.pistonheads.com/gassing/topic.asp?h=0&...

Or "Map Warrioring" as the OP calls it

That is funny. Haha!

[normalbloke]

Sebring440 said:

Solocle said:

Yep. A diversion onto the motorway! Pretty sure this isn't a motorway-motorway diversion, as there aren't other motorways nearby... instead it's almost certainly an all purpose diversion.

My question is, would it be legal to follow such a diversion?

Don't be so fking stupid.

I’ve always wondered about the mindset of people who choose to cycle on major dual carriageways such as the A34 and A303 for example.Now I know. While I appreciate it’s legal, you need to give your head a wobble.

[Tyre Smoke]

I have my own opinion on cyclists.

But what sort of idiot, with all the thousands of miles of roads in this country is bloody minded enough to ride a push bike on a major arterial route just for fun rather than necessity?

[anonymous-user]

Why ask? The cyclist will go where they want regardless of what’s legal.

[Riley Blue]

Tyre Smoke said:

I have my own opinion on cyclists.

But what sort of idiot, with all the thousands of miles of roads in this country is bloody minded enough to ride a push bike on a major arterial route just for fun rather than necessity?

Because 'map warrior'...

[Tyre Smoke]

Aka "Merchant Banker"

[TheDrownedApe]

Tyre Smoke said:

I have my own opinion on cyclists.

But what sort of idiot, with all the thousands of miles of roads in this country is bloody minded enough to ride a push bike on a major arterial route just for fun rather than necessity?

Yeah. Keen cyclist here (100 miles a week) and i avoid every A road where i can for my safety and the sanity of other road users.

[Solocle]

Flumpo said:

firemunki said:

Regardless of legality I'd really not fancy riding on a motorway, no one will expect me there and people miss seeing cyclists even on roads where they're expected to be.

I think I would rather take my chances cycling down whatever road they had closed.

Been there, done that, with the new A14. The A1307 local access road wasn't finished, but I led the group down it anyway. The A14, while at the time legal, would be hellish.

However, it is worth pointing out that the motorway looked like this, so probably wouldn't have been so terrible:

There are circumstances where closures are actually impassable, although I've yet to encounter one.

TheDrownedApe said:

Tyre Smoke said:

I have my own opinion on cyclists.

But what sort of idiot, with all the thousands of miles of roads in this country is bloody minded enough to ride a push bike on a major arterial route just for fun rather than necessity?

Yeah. Keen cyclist here (100 miles a week) and i avoid every A road where i can for my safety and the sanity of other road users.

The route was generally excellent. Avoiding major roads would have added a significant amount of distance, and would introduce hazards like blind bends and singletrack roads.

When they're quiet, like overnight, A roads feel pretty safe.

Edited by Solocle on Tuesday 10th August 07:57

[Riley Blue]

It's difficult to take you seriously when you state that cycling a motorway at night "probably wouldn't have been so terrible".

[Solocle]

Riley Blue said:

It's difficult to take you seriously when you state that cycling a motorway at night "probably wouldn't have been so terrible".

The M3 did have a hard shoulder there, and it was only about 1 mile to the Popham exit, which is still a spur motorway, but functionally what's the difference compared to the A303, except for the hard shoulder?

So no, it wouldn't have been great, but I don't think that it would have been terrible either.

[Riley Blue]

If you'd taken the road through Dummer (at the roundabout exit prior to where your third photo was taken) you could have rejoined the A30 at The Wheatsheaf from where it's 0.2 mile to the Stockbridge Road turn that leads to the A303 slip.

[48k]

Riley Blue said:

If you'd taken the road through Dummer (at the roundabout exit prior to where your third photo was taken) you could have rejoined the A30 at The Wheatsheaf from where it's 0.2 mile to the Stockbridge Road turn that leads to the A303 slip.

That would require some serious map-warrioring!

[anonymous-user]

TheDrownedApe said:

Tyre Smoke said:

I have my own opinion on cyclists.

But what sort of idiot, with all the thousands of miles of roads in this country is bloody minded enough to ride a push bike on a major arterial route just for fun rather than necessity?

Yeah. Keen cyclist here (100 miles a week) and i avoid every A road where i can for my safety and the sanity of other road users.

Well you’re in the minority. Most seem to delight in holding up traffic on busy A roads and then scream blue murder that car drivers are trying to kill them.
Round my way there are decent cycle paths, diversions for cyclist onto old parts of the road ( parallel free from traffic , good surface), and country lanes running virtually parallel to the busy narrow A road, but still you get loads of cyclist putting themselves at risk and holding the traffic up.