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Justice campaigner Robbie the Pict - last year voted the 4th most influential person in Scots law- has said that Scotland's motorways do not have the proper statutory authorisation, and accordingly do not legally exist as motorways.
He says that therefore even the 70mph speed limit cannot be enforced upon them.
Robbie says that the opening of the last section of the M6 Motorway from Carlisle to Guards Mill at the Scottish Border, which has been prepared correctly, exposes the error in roads legislation in Scotland. He says that under statutory requirements, a national road cannot become a Motorway unless it is the subject of a Special Road Scheme, the subordinate legislation which must be subject to the scrutiny of Parliament.
He says a Special Road Scheme regulates the type of traffic which can travel upon it and for how far this is allowed, at whatever speed is set, and only a Special Road Scheme can support speeds more than the national limit of 60mph and only then with the Secretary of State’s for Transport’s consent.
A statement from Robbie's offices, Skye Law said "once a road is the subject of a scheme permitted by Parliament it then complies with Motorway Traffic Regulations and permitted vehicles can travel at up to 70mph, but only after the road is announced as open as a ‘Special Road Scheme. The M6 extension recently complied with the law and was correctly declared open, by statutory notices, as of the 5th December. In Scotland, none of this has happened for any of Scotland's motorways."
“As things stand at present, you could test rocket cars between Glasgow and Gretna and not be breaking the law," Robbie said.
"Blue furniture beside four lanes doth not a speed limit make. Hopefully the refund of speeding fines since day one can help to buy back the Bank of Scotland."
The statement added that the M6 "provides a deadly comparator showing how it should have been done in law, and exposes Scotland as being, not only without a single legal motorway but, without any speed limits applicable to the tarmac in question."
