Olivia Mitchell (Dublin South, Fine Gael)
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Question 512: To ask the Minister for Transport what is meant by the term "obstruction" under Article 33 of Road Traffic (Traffic and Parking) Regulations 1997, which prohibits a heavy goods vehicle, a bus or coach that accommodates more than eight passengers and any vehicle that is towing a trailer and so on in the outside lane; and if he will make a statement on the matter. [10747/06]

Olivia Mitchell (Dublin South, Fine Gael)
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Question 516: To ask the Minister for Transport his views on whether it is entirely appropriate that the law should prohibit the use of an outer lane on the motorway for the purposes of passing out a slow moving vehicle by heavy goods vehicles and buses; and if he has responded to representations from the haulage industry in this regard. [10981/06]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 512 and 516 together.

With regard to motorways it is prohibited since 1997 under article 33 of the Road Traffic (Traffic and Parking) Regulations 1997 to drive large heavy goods vehicles, a single-deck bus or coach that accommodates more than eight passengers or any vehicle towing a trailer, etc., in the outside lane except where it is necessary to proceed in that lane due to an obstruction or because another lane or lanes is or are for the time being closed to traffic. The issue of speed differential between vehicles travelling on a motorway is a factor behind this policy in that these three categories of vehicles are subject to a maximum ordinary speed limit of 80 kph whereas the default maximum speed limit for other vehicles driving on motorways is 120 kph.

The term "obstruction" is not defined in article 33. Article 5 of the 1997 regulations, as substituted by Article 5 of the Road Traffic (Traffic and Parking) (Amendment) Regulations 1978, SI No. 274 of 197, provides that the regulations "shall apply save where compliance is not possible as a result of an obstruction to traffic or pedestrians or because of an emergency situation confronting a road user which could not reasonably have been expected or anticipated".