Use of Motorway Hard Shoulder

[lyndon]

I suffer from angina, and the DVLA requires that if I have an attack while driving, I stop until the attack subsides. If I am on a motorway, would I legally be able to stop on the hard shoulder? Does that constitute an emergency?

[dmp]

I would suggest that any medical emergency that could cause an incident or accident would be considered an emergency, allowing you to use the hard shoulder till you've recovered enough to leave the motorway at the next exit or services.
Dave

[7db]

Worth bearing in mind that if you do have to stop in the hard shoulder then it's a very dangerous place to hang out. Anything you can do to shelter the car from wobbling articulated lorries is a good thing (although I appreciate that might not be front of mind during an angina attack!)

[JPJPJP]

Yes its an emergency worthy of using the hard shoulder in my book too. If you were able to get out of the car and onto the verge behind the armco, that would be a good thing too imo.

'I suffer from angina, and the DVLA requires that if I have an attack while driving, I stop until the attack subsides. ' I am moved to ask if the DVLA didn't require one to stop, what else might one do?? Carry on?

[lyndon]

Yes its an emergency worthy of using the hard shoulder in my book too. If you were able to get out of the car and onto the verge behind the armco, that would be a good thing too imo.

I am moved to ask if the DVLA didn't require one to stop, what else might one do?? Carry on?

Well, that could be an option, depending on the severity of an attack. If the attack is severe, then safety would be top priority, and to heck with the legality. I would stop whether it was legal or not. In the event of a mild attack, I would be balancing the danger of stopping with the risk of continuing, and being sure of the legal issues would then be a significant part of the decision making process.

[ROG]

This is the order for everything -
SAFE
LEGAL
CONVENIENT (as possible)

A court would have a hard time prosecuting anyone for doing something illegal if safety was a must at the time

[lyndon]

A court would have a hard time prosecuting anyone for doing something illegal if safety was a must at the time

I guess I'm hoping to gain some clarity as to what constitutes an emergency when it comes to stopping on the hard shoulder. Is it defined legally? Is it the case that something is an emergency simply if you have no safe alternative? I may have to weigh up whether I consider it safer to drive say 2 minutes to a service area, or pull over immediately. Since hard shoulders are not safe places it may not a straight forward decision. But if I know all the parameters, I can arrive at the best decision at any given time.

[Horse]

[quote="lyndon Since hard shoulders are not safe places it may not a straight forward decision. But if I know all the parameters, I can arrive at the best decision at any given time.[/quote]

To echo 7db's comment, spend as little time on the hard shoulder as necessary.

If you have to stop there, get as far to the left as you can, and get out of your vehicle and (yes, I appreciate this may be difficult mid-attack, but it's advice for anyone, really) onto the verge if there is one.

Incursions by vehicles are far too common; just this evening I was in Lane 1 about 100m behind an HGV, looked in my offside mirror before moving out, and when I looked ahead again I could see the side of the trailer as the driver swerved then straightened up, re-entering L1 from the h/s . . .

[martine]

It makes sense to move away from the hard shoulder but I sometimes think the danger is over-stated...according to the DfT 85 fatalities between 1997 - 2006 or 8 per year.
http://www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080402/text/80402w0034.htm

Compare with the estimated annual human fatalities from collision with deer in the UK: 12-36.
http://www.naturalengland.org.uk/Images/rtacosts_tcm6-4635.pdf

[michael769]

I guess I'm hoping to gain some clarity as to what constitutes an emergency when it comes to stopping on the hard shoulder. Is it defined legally?

I'd say it was any situation outwith the driver's control where it was impossible or unsafe for him to continue.

[michael769]

I guess I'm hoping to gain some clarity as to what constitutes an emergency when it comes to stopping on the hard shoulder. Is it defined legally?

I'd say it was any situation outwith the driver's control where it was impossible or unsafe for him to continue.

I thought it might be helpful to see what the law actually says. Unfortunately I cannot find the Motorways Traffic (England and Wales) Regulations online, but the Scottish version is available, and I suspect it is a safe assumption that the provisions for the use of the hard shoulder will be the same or similar south of the border (my bolds):

(2) Where it is necessary for a vehicle which is being driven on a carriageway to be stopped while it is on a motorway—

(a) by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or

(b) by reason of any accident, illness or other emergency; or

(c) to permit any person carried in or on the vehicle to recover or move any object which has fallen on a motorway; or

(d) to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph,

the vehicle shall, as soon and insofar as is reasonably practicable and safe, be driven or moved off the carriageway on to, and may stop and remain at rest on, any hard shoulder which is contiguous to that carriageway or in an emergency layby.

Full text

It seems that stopping due to illness is explicitly permitted.

[crr003]

I thought it might be helpful to see what the law actually says. Unfortunately I cannot find the Motorways Traffic (England and Wales) Regulations online, but the Scottish version is available, and I suspect it is a safe assumption that the provisions for the use of the hard shoulder will be the same or similar south of the border (my bolds):

(2) Where it is necessary for a vehicle which is being driven on a carriageway to be stopped while it is on a motorway—

(a) by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or

(b) by reason of any accident, illness or other emergency; or

(c) to permit any person carried in or on the vehicle to recover or move any object which has fallen on a motorway; or

(d) to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph,

the vehicle shall, as soon and insofar as is reasonably practicable and safe, be driven or moved off the carriageway on to, and may stop and remain at rest on, any hard shoulder which is contiguous to that carriageway or in an emergency layby.

Full text

It seems that stopping due to illness is explicitly permitted.

I've got a synopsis of Motorways and Traffic Regulations 1982 and it says the same.
Off topic, but I really like (c).
People talk about how dangerous the hard shoulder is, but (c) lets you stop and run around live lanes legally..

[Gareth]

Off topic, but I really like (c).
People talk about how dangerous the hard shoulder is, but (c) lets you stop and run around live lanes legally..

In my foolish youth I and a small group of others did this and got severely told off for our troubles

[michael769]

People talk about how dangerous the hard shoulder is, but (c) lets you stop and run around live lanes legally..

There are no laws against stupidity! Fortunately for most of us .

[lyndon]

I thought it might be helpful to see what the law actually says. Unfortunately I cannot find the Motorways Traffic (England and Wales) Regulations online, but the Scottish version is available, and I suspect it is a safe assumption that the provisions for the use of the hard shoulder will be the same or similar south of the border.

Very helpful, thanks Michael. I never thought to look at the Scottish Regulations when I failed to find those for England and Wales.

That gives me enough information to make a sensible decision, should the need arise.

Even if 'emergency' is not defined in law, I assumed that to the man on the Clapham omnibus, it is going to be a situation where I have no safe alternative but to stop. But what bothered me about that is that using that definition, a sudden awareness of extreme tiredness could be deemed an emergency, and clearly it's not seen that way. So I think you have cleared up the situation nicely.