2LEGAL
PRESCRIBED MARKINGS AND ROAD STUD
2.1 All road markings placed on a highway or road to which the public have access must be either prescribed by Regulations or authorised by the Secretary of State for Transport (for installations in England) or the Department for Regional Development (Northern Ireland), the Scottish Executive or the Welsh Assembly Government as appropriate.
2.2 All road studs used on the public highway must satisfy the minimum performance classes specified in direction 57 or, if of a type not covered by the European Standard BS EN 1463 (see para6.6), e.g. light-emitting studs, be approved in writing by the Secretary of State or by the equivalent national authority (see para 1.2).
PLACING OF ROAD MARKINGS AND STUDS
2.3 Road markings and road studs may be placed on a highway only by or with the consent of the highway authority (section 132 of the Highways Act 1980). In Scotland, this will be the appropriate roads authority.
2.4 Certain road markings may be used only if supported by a traffic regulation order or other statutory provision (direction 7), whilst others, e.g. Give Way markings (diagram 1003), have legal implications in that not complying with them could constitute a traffic offence under Section 36 of the Road Traffic Act 1988 (regulation 10). Some road markings may be placed only in conjunction with certain other markings or with specified signs (direction 18).
2.5 Care should be taken to ensure that markings are used only in the manner prescribed in the Regulations, and that no non-prescribed marking is used unless it has been authorised in writing. Failure to do so may leave an authority open to litigation, or make a traffic regulation order unenforceable.
2.6 Regulation 31(3) requires the use of white road studs in conjunction with double white lines (diagrams 1013.1, 1013.3 and 1013.4). Guidance on the more general use of road studs is given in section 6.
2.7 Clarification of current policy on the use of edge of carriageway markings and associated road studs in Northern Ireland should be sought from the Department for Regional Development's Roads Service Headquarters.
ILLUMINATION, COLOURS AND DIMENSIONS
2.8 Most road markings that have a guidance function are required to be illuminated by retroreflecting material (regulation 31(1)). A full list appears in table 23-1.
2.9 Road markings are prescribed in the colours white and yellow. Further details can be found in paras 23.17 and 23.18.
2.10 The colours and location of stud reflectors with respect to the running lanes are prescribed in regulation 31(7) and detailed in paras 6.9 and 6.10.
2.11 In addition to indicating overall dimensions, the Regulations prescribe maximum heights for road markings and road studs (regulation 32).
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