Appendix 33: Variable Speed Limits Consultation Report

HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY

APPENDIX 33: VARIABLE SPEED LIMITS CONSULTATION REPORT

5.2 CONSULTATION REPORT APPENDICES

MARCH 2015

HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY

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5.2 CONSULTATION REPORT APPENDICES

MARCH 2015

M4 J3 to J12 Smart Motorway M4 J3 to J12 Smart Motorways – All LaneConsultation Running Document

The Introduction of Variable Mandatory Speed Limits Consultation Document

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Summary of the Consultation

Topic of this The implementation of variable mandatory speed limits consultation: (VMSL) between junctions 3 to 12 of the M4 motorway.

Scope of this We are keen to have your comments on the implementation consultation: of variable mandatory speed limits for the M4 smart motorway scheme between junctions 3 and 12; specifically on how the proposal could affect your organisation or those you represent.

It is important to note that this is not consultation on the actual policy of using variable mandatory speed limits or all lane running. Use of these traffic management features is already settled Government policy. We are therefore seeking views on the proposal set out below.

Geographical The proposed smart motorway scheme will enable proactive scope: management of the M4 carriageway, including slip roads and motorway to motorway intersections between junctions 3 (the junction with the A312) and 12 (the junction with the A4) on this major section of motorway.

General Information

To: The consultation is aimed at any affected stakeholder groups or individuals.

Body/bodies responsible for The Highways Agency. the consultation:

Duration: The consultation will last for a period of 6 weeks commencing on 12 January 2015. The consultation will close on 22 February 2015. Please ensure responses arrive no later than that date.

Enquiries: Lynne Stinson Project Manager Highways Agency The Cube 199 Wharfside Street Birmingham B1 1RN

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[email protected]

How to Please send your consultation response using the respond: Consultation response form in Appendix A to:

Lynne Stinson Project Manager The Cube 199 Wharfside Street Birmingham B1 1RN

Or alternatively you can respond to the consultation by emailing:

[email protected]

When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation please make it clear who the organisation represents, and where applicable, how the views of members were gathered.

Additional The Highways Agency website will include a copy of this ways to consultation pack at the following website address: become involved: https://www.gov.uk/government/publications

After the All responses received within the consultation period will be consultation: considered and responded to as necessary. Following the end of the consultation period a summary report will be made available on the www.gov.uk website. The summary report will provide an analysis of responses received and the Highways Agency response.

Subject to the results of the consultation; we envisage that the smart motorways scheme will be operational by 2022.

Compliance This consultation complies with the Government’s with the Consultation Principles Government’s Consultation Principles:

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Background

Getting to The M4 J3 to J12 smart motorway scheme was included in the this stage: review of motorway links identified in the “Advanced Motorway Signalling and Traffic Management Feasibility Study” (2008) as a potential priority for smart motorways. The scheme, along with smart motorway improvements between Junctions 3 to 12 of the M4, was included in the programme of major strategic road schemes announced by the Roads Minister on 8th May 2012, to be considered for delivery after 2015.

This scheme continues the deployment of technology interventions onto the strategic road network to support an operational approach that maximises benefits and is part of an interconnecting network of capacity improvements to the M4 corridor.

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CONTENTS

Summary of the Consultation ...... i

CONTENTS ...... iv

Executive summary ...... 1

1. How are we conducting the consultation ...... 2

1.1 What is this consultation about? ...... 2 1.2 Why do we need the variable mandatory speed limits?...... 2 1.3 Comments on the introduction of variable mandatory speed limits ...... 2 1.4 Sending your consultation response...... 3 1.5 How we will act on your responses...... 3 1.6 Further information ...... 4 1.7 Government consultation principles...... 4

2. Legislative Changes ...... 6

2.1 Legislative changes for the implementation of variable mandatory speed limits ...... 6

3. General information on the M4 J3 to J12 smart motorway scheme...... 8

3.1 Proposed extent of the M4 J3-12 Scheme variable mandatory speed limits ...... 8 3.2 Key features ...... 8 3.3 Enforcement ...... 9

4. M4 J3 to J12 smart motorway scheme with variable mandatory speed limits ...... 10

4.1 Normal operation ...... 11 4.2 variable mandatory speed limits ...... 12 4.3 Incident management ...... 13

5. Appendices ...... 15

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APPENDICES

Appendix A – Consultation response Form

Appendix B – List of consultees

Appendix C – Q&A for M4 Junctions 3-12

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Executive summary This consultation provides an opportunity for interested parties to comment on the proposal to introduce variable mandatory speed limits for the M4 motorway J3 to J12 smart motorway scheme.

The M4 J3 to J12 smart motorway scheme variable mandatory speed limits will, if approved, be set in response to the prevailing traffic conditions and will be clearly displayed on advanced motorway indicator signs above each lane of the main carriageway, mounted on overhead gantries, on verge mounted variable message signs and on post mounted advanced motorway indicators (where provided). Once in force, the relevant Regulations will restrict driving at a speed exceeding that displayed on the signs. When no speed is displayed on the signs then the national speed limit will be in force.

We would welcome comments specifically on how the proposal could affect you, your organisation or those you represent.

Benefits of variable mandatory speed limits The Highways Agency is committed to building upon the success of the existing smart motorways schemes which have been implemented on a number of busy motorway sections across the country. It is expected that the smart motorways scheme will:

• Increase motorway capacity and reduce congestion;

• Smooth traffic flows;

• Provide more reliable journey times;

• Increase and improve the quality of information for the driver.

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1. HOW ARE WE CONDUCTING THE CONSULTATION

1.1 WHAT IS THIS CONSULTATION ABOUT?

We are consulting on the proposed implementation of variable mandatory speed limits within the M4 J3 to J12 smart motorway scheme.

1.2 WHY DO WE NEED THE VARIABLE MANDATORY SPEED LIMITS?

The M4 motorway is a strategic route for local, regional and international traffic and plays a major role as;

(i) a national artery providing a direct motorway route between London and the South/South West of England and South Wales; and

(ii) a major inter-urban regional route connecting major M4 corridor conurbations and providing access to important international gateways.

This section of the M4 carries in excess of 130,000 vehicles per day with a trend of higher than average accidents and casualties.

The M4 J3 to J12 smart motorway scheme is part of the Highways Agency’s programme to add capacity to the existing strategic road network in order to support economic growth and maintain mobility. It is expected that the smart motorways scheme will:

• Increase motorway capacity and reduce congestion;

• Smooth traffic flows;

• Provide more reliable journey times;

• Increase and improve the quality of information for the driver.

The use of variable mandatory speed limits is an essential to achieving the objectives above. Through the introduction of technology, we aim to make best use of the existing road space.

1.3 COMMENTS ON THE INTRODUCTION OF VARIABLE MANDATORY SPEED LIMITS

We would like to encourage any organisations, businesses or individuals affected by these proposals to make contact with us and communicate their views.

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If you are responding on behalf of an organisation, it would be helpful if you could note this in your reply. Please also indicate the nature of the organisation, how many individuals’ views are included in the response and ways in which these views were gathered.

A response form has been included in Appendix A and a list of the consultees is contained in Appendix B.

1.4 SENDING YOUR CONSULTATION RESPONSE

All responses should be sent in writing (email or by post) to the address below. Please let us have your comments by the 22 February 2015.

Lynne Stinson Project Manager Highways Agency The Cube 199 Wharfside Street Birmingham B1 1RN

Email: [email protected]

1.5 HOW WE WILL ACT ON YOUR RESPONSES

After the consultation period, we will publish a ‘Response to Consultation Report’, which will be published on the GOV.UK website.

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004).

If you would like the information that you provide to be treated as confidential, please be aware that under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals amongst other things, with obligations of confidence.

In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Highways Agency.

The Highways Agency will process your personal data in accordance with the DPA and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

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1.6 FURTHER INFORMATION

To receive further information on the M4 J3 to J12 smart motorway scheme you can contact the project team in writing at:

Lynne Stinson Project Manager Highways Agency The Cube 199 Wharfside Street Birmingham B1 1RN

[email protected]

Alternatively visit the Highways Agency website at:

http://www.highways.gov.uk/roads/road-projects/m4-junctions-3-12/

1.7 GOVERNMENT CONSULTATION PRINCIPLES

We are conducting this consultation in accordance with the Government’s Consultation Principles. The consultation criteria are listed below.

1) Subjects of Consultation – The objectives of any consultation should be clear and will depend to a great extent on the type of issue and the stage in the policy-making process – from gathering new ideas to testing options.

2) Timing of Consultation – Engagement should begin early in policy development when the policy is still under consideration and views can genuinely be taken into account.

3) Making information useful and accessible – Policy makers should think carefully about who needs to be consulted and ensure the consultation captures the full range of stakeholders affected. Information should be disseminated and presented in a way likely to be accessible and useful to the stakeholders with a substantial interest in the subject matter.

4) Transparency and Feedback – The objectives of the consultation process should be clear. To avoid creating unrealistic expectations, any aspects of the proposal that have clearly been finalised and will not be subject to change should be clearly stated.

5) Practical Considerations - Consultation exercises should not generally be launched during local or national election periods.

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If you have reason to believe this consultation document does not comply with these Consultation Principles, please write to our consultation co-ordinator at the address below, setting out the areas where you believe this Paper does not meet the criteria:

Ian Sweeting Highways Agency, The Cube, 199 Wharfside Street, Birmingham, B1 1RN Or alternatively [email protected]

Further information about the Consultation Principles can be located on the GOV.UK website:

https://www.gov.uk/government/publications/consultation-principles-guidance

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2. LEGISLATIVE CHANGES

2.1 LEGISLATIVE CHANGES FOR THE IMPLEMENTATION OF VARIABLE MANDATORY SPEED LIMITS

Subject to the outcome of the consultation, Regulations will need to be made under section 17(2) and (3) of the Road Traffic Regulation Act 1984 (‘the 1984 Act’) for the implementation of variable mandatory speed limits for the M4 J3 to J12 smart motorway scheme and to enable amendments to be made to the Motorways Traffic (England and Wales) Regulations 1982 (S.I. 1982/1163) (“the 1982 Regulations”) which govern the use of motorways. The proposed Regulations will restrict drivers from driving within the area of the smart motorways scheme at a speed exceeding that displayed on the speed limit signs, or the national speed limit where no other speed limit sign is displayed.

The relevant legislative power in the 1984 Act permits the making of Regulations that regulate the manner in which, and the conditions subject to which, motorways may be used by traffic authorised to use such motorways.

Within the M4 J3 to J12 smart motorway scheme it will be an offence to use the motorway in contravention of Regulations applying to the scheme made under section 17(2) of the 1984 Act.

Drivers of vehicles that pass a speed limit sign indicating that a speed limit other than the national speed limit applies, should obey that sign until the vehicle passes another sign indicating either that a new speed limit or the national speed limit applies.

Where a speed limit changes less than ten seconds before a vehicle passes the sign, the Regulations allow a driver to proceed at a speed up to the maximum applicable before the change, and to continue to do so until the driver leaves the specified road, the national speed limit applies or until the next speed limit sign. The intention behind this ’ten second’ rule is to protect the driver from being prosecuted if, on the approach to a speed limit sign; it changes to a lower speed. For example should a driver approach a speed limit sign and it changes from 60 mph to 50 mph and he/she is within ten seconds of passing that sign then the driver can legally continue beyond that sign at 60 mph until a subsequent speed limit applies or until he/she leaves the specified road. If there was no ten second rule, the issue of safety arises, as the driver would be required to brake sharply in order to comply with the new lower speed limit.

Subject to the outcome of the consultation, the proposed Regulations when made will apply in relation to the M4 between junctions 3 and 12 and to the on- slip and off-slip roads between junctions 3 and 12. The roads governed by the Regulations will be set out in the Regulations.

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The proposed draft Regulations will not apply nationally – they will apply only to those parts of the motorway as specified in the Regulations (namely, the area between and including Junctions 3 to 12 of the M4 motorway). As drafted, these Regulations would put in place the legislative framework required to operate the M4 J3 to J12 smart motorway scheme.

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3. GENERAL INFORMATION ON THE M4 J3 TO J12 SMART MOTORWAY SCHEME

3.1 PROPOSED EXTENT OF THE M4 J3-12 SCHEME VARIABLE MANDATORY SPEED LIMITS

A map showing the M4 J3 to J12 smart motorway scheme is shown in Figure 3A, including the proposed coverage of the scheme. The precise configuration of the extent of the roads that are included within the scheme may be subject to variation. The M4 J3 to J12 smart motorway scheme will include the motorway and slip roads between junctions 3 and 12 of the M4.

Figure 3A: M4 J3 to J12 smart motorway scheme variable mandatory speed limits Map

3.2 KEY FEATURES

Evaluation of the existing smart motorways schemes demonstrated that smart motorways are able to deliver clear benefits by providing:

• Improved journey time reliability through reduced congestion;

• A scheme at lower cost and with less environmental impact than conventional widening programmes.

The design features of the M4 J3 to J12 smart motorway scheme include:

• Variable mandatory speed limits with an associated enforcement/compliance system;

• Driver information, including lane availability, generally provided at intervals not exceeding 1500 m. Information will be provided through a mixture of signs and signals capable of displaying appropriate combinations of: mandatory speed limits; lane closure wicket signs; red X’s; pictograms; and text legends (see figures 4A to 4G below);

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• A queue protection system and congestion management system;

• Comprehensive low light pan-tilt-zoom (PTZ) CCTV coverage;

• Refuge areas generally provided at maximum intervals of 2500 m. A refuge area is defined as a place (or facility) where drivers can stop in an emergency and may include a motorway service area, a hard shoulder on an exit slip/link road or a bespoke facility, such as an emergency refuge area (ERA).

• Emergency roadside telephones (ERT) provided in all dedicated emergency refuge areas. Existing emergency roadside telephones elsewhere will be removed, apart from those within a junction where the existing hard shoulder is retained.

3.3 ENFORCEMENT

Obtaining an acceptable level of compliance with the variable mandatory speed limits (displayed on overhead gantries, verge mounted variable message signs and on post mounted advanced motorway indicators (where provided)) is key to the successful and safe operation of the M4 J3 to J12 smart motorway scheme. No new offences or sanctions will be introduced as a result of the proposed changes to legislation.

Enforcement of variable mandatory speed limits is planned to be carried out using a combination of gantry-mounted and verge mounted speed enforcement equipment, and traditional enforcement by the Police.

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4. M4 J3 TO J12 SMART MOTORWAY SCHEME WITH VARIABLE MANDATORY SPEED LIMITS

To signify that the speed limit is mandatory and enforceable, the speed shown will have a red circle around it, as is the case with all other mandatory speed limit signs. The operational regimes to be implemented within the M4 J3 to J12 smart motorway scheme are:

• Normal operation (no advanced motorway indicators or variable message signs on) ;

• Variable mandatory speed limits ; and

• Incident Management

An overview of these operational regimes is provided in Sections 4.1, 4.2 and 4.3.

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4.1 NORMAL OPERATION

During normal motorway operation the advanced motorway indicators (AMI) and variable message signs (VMS) will remain blank in respect of speed limits and the motorway will operate as shown in Figures 4A and 4B below. When there are no speed limits being displayed the national speed limit will apply.

AMI

Figure 4A: Illustrative M4 J3 to J12 smart motorway scheme section operating in normal motorway conditions with blank AMI and blank gantry mounted VMS

VMS

Figure 4B: Illustrative M4 J3 to J12 smart motorway scheme section operating in normal motorway conditions with a blank cantilever mounted VMS

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4.2 VARIABLE MANDATORY SPEED LIMITS

When variable mandatory speed limits are operational, clear instructions will be given to drivers via speed limit signs. These will be displayed on post mounted advanced motorway indicator signals (where provided), via speed limit signs displayed on the advanced motorway indicator signals above the main carriageway and on the verge mounted variable message signs. This is illustrated in Figure 4C and 4D below. The speed limit displayed will take account of prevailing traffic conditions and will be automatically calculated from sensors buried in the road surface or alternatively set by the regional control centre. The variable message signs located on gantries or on the verge will provide further information for drivers.

Figure 4C: Illustrative M4 J3 to J12 smart motorway scheme section operating with variable mandatory speed limits

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Figure 4D: Illustrative M4 J3 to J12 smart motorway scheme section operating with variable mandatory speed limits and information for road users.

4.3 INCIDENT MANAGEMENT

During incident management the advanced motorway indicators and variable message signs can be set to protect the scene of an incident and assist the access of emergency services and other core responders.

On the advanced motorway indicators, speed limits and lane availability will be indicated through the use of variable mandatory speed limits and lane divert arrow signals (with flashing amber lanterns) and Red ‘X’ signals (with flashing red lanterns) as shown in Figure 4E below.

Figure 4E: Red X (STOP) aspect with flashing red lanterns and a lane divert signal shown on an AMI over any lane

Appropriate supporting information will be displayed on the variable message signs to further encourage compliant driver behaviour. Modifications to the signal control software will enable a single variable message sign to display

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three simultaneous elements: in addition to the speed restriction, (as enabled through the Regulations), and supporting text legend, the sign will also be able to display either a warning pictogram (typically a ‘red triangle’) or lane closure ‘wicket’ aspect, as indicated in the examples below.

Figure 4F: VMS displaying queue caution information with a reduced mandatory speed limit

Figure 4G: VMS warning of a closed lane ahead due to an accident

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5. APPENDICES

APPENDIX A – CONSULTATION RESPONSE FORM

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CONSULTATION RESPONSE FORM M4 J3 to J12 smart motorway scheme

Please complete this pro-forma and send to the address below

Lynne Stinson Highways Agency The Cube 199 Wharfside Street Birmingham B1 1RN

Or alternatively you can respond to the consultation by email:

[email protected]

PART 1 - Information about you

Completion of this section is optional but helps with our analysis of results. A note at the end of this form explains that we may be obliged to release this information if asked to do so.

Name

Address

Postcode

Company Name or Organisation (if applicable)

Please tick one box from the list below that best describes you/ your company or organisation.

Small to Medium Enterprise (up to 50 employees) Large Company Representative Organisation Trade Union Interest Group Local Government

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Central Government Police Member of the public Other (please describe): If you are responding on behalf of an organisation or interest group, how many members do you have and how did you obtain the views of your members:

If you would like your response or personal details to be treated confidentially please explain why:

PART 2 - Your comments

1. Do you consider that the proposal to introduce Yes No the smart motorway scheme on the M4 between junctions 3 and 12 will lead to an improvement in travelling conditions on this section of motorway?

Please add any comments:

2. Are there any aspects of the proposal to Yes No introduce the smart motorway scheme on the M4 between junctions 3 and 12 which give you concerns?

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If yes, please give your comments:

3. Are there any additional comments you would Yes No like to make about the proposal to introduce the smart motorway scheme on the M4 between Junctions 3 and 12?

If yes, please give your comments:

Note on disclosure of information

If you want any information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Highways Agency.

The Highways Agency will process your personal data in accordance with the DPA and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

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APPENDIX B – LIST OF CONSULTEES

Government Bodies President DE&S Secretariat ADEPT Ministry of Defence County Hall Maple 0a, #2043 Glenfield MOD Abbey Wood, Leicester Bristol. LE3 8ST BS34 8JH Chief Executive Chief Executive Driving Standards Agency Local Government Association Axis Building, Local Government House 112 Upper Parliament Street Smith Square Nottingham London NG1 6LP SW1P 3HZ Chairman The Crown Estate 6 Bell’s Brae Edinburgh EH4 3BJ Core Responders / Legal Chairman (Traffic Committee) The Association of Ambulance Chief ACPO Executives 7th Floor 32 Southwark Bridge Road 25 Victoria St London SE1 9EU London SW1H 0EX Chief Constable Central Council of Magistrates Courts British Transport Police Committee Force HQ 185 Marylebone Road, 25 Camden Road London London NW1 5QB NW1 9LN The President Executive Director Chief Fire Officers Association Magistrates’ Association 9-11 Pebble Close Fitzroy Square Amington London Tamworth W1P 6DD Staffordshire B77 4RD Chief Constable Chief Executive Ministry of Defence Police DVSA 5th Floor, Zone A Berkeley House Main Building Croydon Street Whitehall Bristol London BS5 0DA SW1A 2HB

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The President Chief Executive Police Superintendents Association of South Central Ambulance Services England and Wales (Buckinghamshire, Berkshire, 67a Reading Road Hampshire) Pangbourne Wexham Ambulance Station Berkshire Gate 4 Wexham Park Lane RG8 7JD Slough Berkshire SL3 6LT The Chairman Chief Fire Officer Police Federation Royal Berkshire Fire & Rescue Service Federation House 103 Dee Road Highbury Drive Tilehurst Leatherhead Reading Surrey Berkshire KT22 7UY RG30 4FS Regimental Secretary Chief Fire Officer RHQ RMP Buckinghamshire Fire & Rescue Service Defence Police College Policing and Brigade HQ, Guarding Stocklake, Postal Point 38 Aylesbury, Southwick Park Bucks, Fareham HP20 1BD Hants PO17 6EJ Chief Constable Chief Constable Thames Valley Police Metropolitan Police Service Amersham Police Station, New Scotland Yard King George V Rd, Broadway Amersham, London Buckinghamshire, SW1H 0BG HP6 5A

Environmental Organisations Chief Executive Chief Executive Campaign to Protect Rural England Natural England 5-11 Lavington Street Electra Way London Crewe Business Park SE1 0NZ Crewe Cheshire CW1 6CT

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Chief Executive Chief Executive English Heritage Environmental Agency 1 Waterhouse Square South East Regional Office, 138-142 Holborn Kings Meadow House, London Kings Meadow Road, EC1N 2ST Reading RG1 8DQ The Chair Chief Executive Friends of the Earth British Geological Survey Society 26-3 Underwood Street Kingsley Dunham Centre, London Nicker Hill, N1 7JQ Keyworth, Nottingham NG12 5GG Chief Executive Chief Executive London Wildlife Trusts Berkshire, Buckinghamshire and London Wildlife Trust, Oxfordshire Wildlife Trust Skyline House, Berkshire Office, 200 Union Street, Hasker House, London Woolley Firs, SE1 0LX Cherry Garden Lane, Maidenhead, Berks SL6 3LJ Chief Executive Chief Executive Royal Society for the Protection of Birds Canal & River Trust (RSPB) Head Office Potton Road, First Floor North, Sandy, Station House Bedfordshire 500 Elder Gate SG19 2DL Milton Keynes MK9 1BB Chief Executive Thames Valley Environmental Records Centre C/o Council Offices, Market Street, Newbury, Berks RG14 5LD

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Road User / Safety Organisations The Chairman The Chairman AIRSO Alliance of British Drivers 68 The Boulevard P O Box 248 Worthing MANCHESTER BN13 1LA M41 4BW The Chairman The Chairman Parliamentary Advisory Council for Transport British Motorcycle Federation Safety (PACTS) 3 Oswin Road Clutha House, Brailsford Industrial Estate 10 Storey’s Gate, Braunstone London Leicester SW1P 3AY LE3 1HR Chief Executive Chief Executive BRAKE Campaign for Better Transport PO Box 548 16 Waterside Huddersfield 44-48 Wharf Road HD1 2XZ London N1 7UX The Chair Chief Executive Disabled Persons Transport Advisory Disabled Motoring UK Committee National Headquarters 2/17 Great Minster House Ashwellthorpe 33 Horseferry Road Norwich London NR16 1EX SW1P 4DR Chief Executive Chief Executive Health and Safety Executive Freight Transport Association Rose Court, Hermes House 2 Southwark Bridge St John's Road London Tunbridge Wells SE1 9HS Kent TN4 9UZ The Chairman The Chairman Institute of Road Safety Officers Institute of Advanced Motorists IRSO Head Office IAM House 12 Haddon Close 510 Chiswick High Road Wellingborough London Northamptonshire W4 5RG NN8 5ZB The Chair The Chairman Motorcycle Industry Trainers Association Motorcycle Action Group 1 Rye Hill Office Park Central Office Birmingham Road P.O. Box 750 Allesley Warwick Coventry CV34 9FU CV5 9AB

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Chief Executive The Chairman National Express Group PLC PACTS National Express House Office F18 Mill Lane The Media Centre Digbeth 7 Northumberland Street Birmingham Huddersfield B5 6DD HD1 1RL The Chairman The Chief Executive RAC Foundation Road Haulage Association 89-91 Pall Mall Roadway House, London Bretton Way, SW1Y 5HS Bretton, Peterborough PE3 8DD The Chairman The British School of Motoring Royal Society for the Protection of Accidents Fanum House RoSPA House Basing View 3 Calthorpe Road Basingstoke Edgbaston Hampshire Birmingham RG21 4EA B15 1RP Vehicle Recovery Operators Chief Executive Managing Director Association of Vehicle Recovery Operators Britannia Rescue AVRO House Freepost RSJA-XLCX-BLCE 1 Bath Street Folly Hall Mills Rugby St Thomas Road CV21 3JF Huddersfield HD1 3LT Network Operations Manger Chief Executive Green Flag Institute of Vehicle Recovery Operators Green Flag House Top Floor Cote Lane Bignell House Pudsey Horton Road Leeds West Drayton LS3 5GF Middlesex UB7 8EJ Operations Director The Director Mondial Assistance National Tyre Distributors Association Mondial House 8 Temple Square 102 George Street Aylesbury Croydon Buckinghamshire Surrey HP20 2QH CR9 1AJ

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Operations Manager The President RAC Motoring Services Road Rescue Recovery Association RAC House Hubberts Bridge Rd Brockhurst Crescent Kirton Holme Walsall Boston WS5 4QZ Lincolnshire PE20 1TW Road Operations Director The Automobile Association Ltd Fanum House Basing view Basingstoke Hampshire RG21 4EA Business Organisations The Chairman Chief Executive Association of British Insurers Thames Valley Chamber of Commerce 51 Gresham Street Group London 150 Edinburgh Avenue EC2V 7HQ Slough SL1 4SS Chief Executive The Chairman British Insurance Brokers’ Association Association of British Certification Bodies 8th Floor Sandover Centre, John Stow House 129A Whitehorse Hill, 18 Bevis Marks Chislehurst, London Kent EC3A 7JB BR7 6DQ The President Chief Executive Institution of Civil Engineers The Chartered Institution of Highways One Great George Street and Transportation Westminster 119 Britannia Walk London London SW1P 3AA N1 7JE Executive Director Chief Executive CECA (Southern) Ltd Intelligent Transport Systems UK (ITS) 2nd Floor, East Wing Suite 312, Metro House Tower bridge Business Centre, Northgate 46-48 East Smithfield, Chichester London West Sussex E1W 1AW PO19 1BE

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Chief Executive Chief Executive The Chartered Institute of Logistics and Oil and Pipelines Agency Transport York House Earlstrees Court London Earlstrees Road WC2B 6UJ Corby, Northants NN17 4AX Chief Executive Chief Executive Motor Insurers' Bureau London Chamber of Commerce & Linford Wood House, Industry 6-12 Capital Drive, Linford Wood, 33 Queen Street Milton Keynes London MK14 6XT EC4R 1AP Regional / Local Government Bodies Body Address Bracknell Forest Council (Berkshire) Easthampstead House, Town Square, Bracknell, Berkshire RG12 1AQ Buckinghamshire County Council Walton Street, Aylesbury, Buckinghamshire HP20 1UA Reading Borough Council (Berkshire) Civic Centre, Reading, RG1 7AE West Berkshire Borough Council (Berkshire) Council Offices, Market Street, Newbury, RG14 5LD Windsor & Maidenhead Borough Council Town Hall, St Ives Rd, Maidenhead, SL6 (Berkshire) 1RF Wokingham Borough Council (Berkshire) Civic Offices, Shute End, Wokingham, RG40 1BN Hillingdon London Borough High Street, Uxbridge, Middlesex UB8 1UW Hounslow London Borough Civic Centre, Lampton Road, Hounslow, TW3 4DN Slough Borough Council (Berkshire) Landmark Place, High Street, Slough, SL1 1JL South Buckinghamshire District Council Capswood, Oxford Road, Denham, UB9 4LH Transport for London TfL Customer Services, 4th Floor, 14 Pier Walk, London SE10 0ES ? Parish Councils Body Address Arborfield and Newland CP Parish Office, Arborfield Village Hall, Eversley Rd, Arborfield Cross, Reading, Berkshire RG2 9PQ Binfield CP Benetfeld Road, Binfield, Berkshire RG42 4EW Bray CP Clerk to the Parish Council 52 Altwood Road, Maidenhead SL6 4PZ Burghfield CP P.O Box 7381, Reading RG1 9XP

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Burnham CP Burnham Parish Council, Burnham Park, Windsor Lane, Burnham, Bucks, SL1 7HR Colnbrook with Poyle CP Clerk to the Parish Council 1 Allen Way, Datchet, Slough, SL3 9HR Cox Green CP Council Office, Cox Green Centre, Highfield Lane, Cox Green, Maidenhead, SL6 3AX Datchet CP 1 Allen Way, Datchet, Slough, Berkshire, SL3 9HR Dorney CP 20 Benchmanor Crescent, Chalfont St Peter, Bucks, SL9 9HL Earley CP Council Offices, Radstock House, Radstock Lane, Earley, Berkshire RG6 5UL Eton CP Council Offices, 102 High Street, Eton SL4 6AJ Holybrook CP The Beansheaf Community Centre, Charrington Road, Calcot, Reading, Berkshire, RG31 7AW Horton CP Cambia, Stanwell Road, Horton. SL3 9PA Iver CP 63 Chequers Orchard, Iver, SL0 9NJ Shinfield CP Shinfield Parish Hall, School Green, Shinfield, READING RG2 9EH Shottesbrooke CP Clerk to the Parish Council 2 Orchard Cottages, Bottle Lane, Littlewick Green, Berks SL6 3SB St Nicholas Hurst CP 9 Primrose Lane, Winnersh, Wokingham, RG41 5UR Sulham CP Clerk to the Parish Council 57 Westwood Road, Newbury, Berkshire, RG14 7TJ Taplow CP The Village Centre, High St, Taplow, Maidenhead, SL6 0EX Theale CP The Pavilion, Parish Office, Englefield Road, Theale RG7 5AS Tilehurst CP Parish Office, Highview, Calcot, Reading, RG31 4XD Waltham St Lawrence CP Clerk to the Parish Council 3 Paradise Cottages, The Street, Waltham St Lawrence, Berks RG10 0JL White Waltham CP Clerk to the Parish Council Woodlands Park Village Centre, Manifold Way, White Waltham, Maidenhead SL6 3GW

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Winnersh CP Winnersh Community Centre, New Road, Wokingham, Berkshire, RG41 5DU Wokingham Town Council Town Hall, Market Place, Wokingham, RG40 1AS

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APPENDIX C – Q&A FOR M4 JUNCTIONS 3 to 12

Q. What is happening?

A. The M4 motorway is a strategic route for local, regional and international traffic forming part of the Trans European Road Network and plays a major role as:

• A direct motorway route between England and South Wales;

• A major route connecting major conurbations between London, the Thames Valley, Bristol, Newport, Cardiff and Swansea.

The M4 between Junctions 3 to 12 is part of the primary strategic link for the M4 corridor of Reading, Theale, Wokingham, Bracknell, Slough and Windsor, as well as Heathrow International Airport and currently the link carries traffic in excess of the original design levels, resulting in congestion and delays to drivers and is a major transport issue. The section for which variable mandatory speed limits are being consulted on is 20.1 miles long and runs between junction 3 (A312 north and south circular) and junction 12 (A4 Reading west and Theale).

The M4 between Junctions 3 and 12 is congested during the weekday morning and evening peak hours and also at other times when traffic flows are heavy. The average two-way daily traffic flow on the scheme section exceeds 130,000 vehicles, which is higher than the Congestion Reference Flow (CRF) of around 90,000 vehicles per day. The CRF represents the daily flow level at which a road is likely to be congested during weekday peak hours.

The scheme section has a higher personal injury accident rate than the national average for motorways (England Motorway Data 2010), including a lower ‘killed’ but slightly higher ‘seriously injured’ rate, leading to a marginally higher (KSI) accident rate. It also has a higher ‘slight accident’ rate and therefore a higher ‘total casualty’ rate.

Q. Why is the Highways Agency consulting?

A. This consultation will provide an opportunity for interested parties and individuals to comment on the implementation of variable mandatory speed limits within a smart motorway scheme on this section of the M4.

Q. Who can respond to this?

A. This consultation is available for anyone to respond to, including organisations that would be affected by the implementation of variable mandatory speed limits. The consultation is aimed at any affected stakeholder groups.

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Q. Is the introduction of variable mandatory speed limits likely to be effective?

The introduction of variable mandatory speed limits on sections of the M6 and M42 around Birmingham have shown a reduction in congestion and collisions and improved traffic flows resulting in more reliable journey times. Evidence also supports the safe operation of the hard shoulder as a traffic lane. A three-year safety report into the M42 smart motorway scheme showed that traffic collisions have reduced.

Experience from these schemes suggests that there is scope to further reduce both the capital and operating costs, whilst continuing to meet congestion reduction objectives and without compromising overall safety for road users and those who work on the road.

Q. Why have a variable speed limit? Why not have a fixed speed limit?

A. By varying the mandatory speed limit the Highways Agency can manage the flow of traffic more effectively. The speed limits displayed on the motorway will take account of prevailing traffic conditions with the aim of ensuring the smooth flow of traffic. Variable speed limits are a key feature of smart motorways - which is about modernising the operation of our motorways and finding the best solution for different parts of the network.

Q. How does it work?

A. The variable mandatory speed limits and messages shown on the variable message signs are automatically displayed in response to the level of congestion or traffic queues. Sensors in the road surface detect the speed, volume and flow of traffic which then calculate the optimum speed to keep traffic moving, reducing the level of ‘stop- start’ traffic which leads to congestion. Drivers see the current speed limit displayed on electronic signals on the overhead gantries and variable message signs located in the verge. The speed limits can also be set by control room operators if required.

Q. When are the variable speed limits likely to become mandatory?

A. The approach to how the improved sections will be available to the public is yet to be decided. However we are hoping to have the variable mandatory speed limits fully operational in 2022.

Q. So what is the point of the consultation?

A. The Highways Agency is committed to effective consultation and complies with the Government’s Consultation Principles. Effective consultation with affected stakeholders brings to light valuable information which we are able to use to design effective solutions and mitigate any concerns.

Following the consultation period, responses will be issued where appropriate and a summary report compiled which will provide an analysis of the responses and provide justification for the selected option.

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Enforcement Q&A Q: Are variable mandatory speed limits linked to speed enforcement cameras?

A: Yes, and as the variable mandatory speed limits change, the speed enforcement cameras will be automatically adjusted to suit the currently signalled limits.

Q: How are you going to enforce the speed limits?

A: The speed limits are enforced by the Police.

There are cameras on the gantries and variable message signs for use in enforcement. As per the Highway Code, any sign in a red circle is mandatory so the speed limits are legally enforceable.

Q: How will the speed limits be enforced during normal motorway conditions?

A: Enforcement is a matter for the police, who will continue to enforce the national speed limits, as on all roads including motorways.

Q: What happens if I travel past a signal/speed limit when it changes?

A: When the cameras are in operation there is a built in time delay from the switching of the signal/speed limit to when the cameras will actually enforce – once mandatory. When there is a change in the speed limit displayed on the speed limit sign and if the vehicle had passed that sign ten seconds earlier, then the speed limit applicable to the driver of the vehicle will be the speed limit displayed on that sign prior to it changing.

M4 J3 to J12 Smart Motorway

Responses to Consultation

The Introduction of Variable Mandatory Speed Limits

March 2015

M4 J3 to J12 smart motorway Responses to Consultation Introduction of Variable Mandatory Speed Limits

CONTENTS

1. EXECUTIVE SUMMARY 3

1.1 PURPOSE 3 1.2 SMART MOTORWAY OBJECTIVES 3 1.3 CONSULTATION PROCESS 3 1.4 RECOMMENDATION 4

2. INTRODUCTION 5

2.1 PURPOSE OF THIS DOCUMENT 5 2.2 SCHEME BACKGROUND 5 2.3 GOVERNMENT’S CODE OF PRACTICE ON CONSULTATION 7

3. SUMMARY OF RESPONSES

3.1 ANALYSIS OF RESPONSES 8 3.2 SUPPORT FOR THE INTRODUCTION OF VARIABLE MANDATORY SPEED LIMITS 9 3.3 CONCERNS ABOUT THE INTRODUCTION OF VARIABLE MANDATORY SPEED LIMITS 9 3.4 OTHER COMMENTS OFFERED BY RESPONDENTS 13

4. SUMMARY AND RECOMMENDATIONS 15

4.1 SUMMARY 15 4.2 RECOMMENDATIONS 15

ANNEX A LIST OF STATUTORY CONSULTEES 17

FIGURES

FIGURE 1: M4 JUNCTIONS 3 TO 12 SMART MOTORWAY SCHEME VARIABLE MANDATORY SPEED LIMITS MAP 5

FIGURE 2: BREAKDOWN OF RESPONDENTS. 8

FIGURE 3: BREAKDOWN OF RESPONSES TO THE QUESTION OF WHETHER THEY BELIEVED THE SCHEME WOULD BRING AN IMPROVEMENT. 8

FIGURE 4: BREAKDOWN OF AREAS OF CONCERN. 9

M4 J3 to J12 smart motorway Responses to Consultation Introduction of Variable Mandatory Speed Limits

1. Executive summary

1.1 Purpose

1.1.1 This document details the Highways Agency’s response to comments raised during the consultation period on the proposal to introduce variable mandatory speed limits for the M4 junctions 3 to12 smart motorway scheme.

1.1.2 The consultation period began on 12 January 2015 and closed on 22 February 2015.

1.1.3 This provided an opportunity for interested parties and members of the public to comment on the proposal.

1.1.4 It should be noted that there was a separate consultation undertaken for the M4 junctions 3 to 12 smart motorway scheme, held between 10 November 2014 and 21 December 2014. That specific consultation is a statutory process as set out in the Planning Act 2008 and required as part of the Highways Agency application to the Planning Inspectorate for a Development Consent Order. A separate report has been prepared following that consultation.

1.2 Smart Motorway Objectives

1.2.1 The proposed M4 junctions 3 to 12 smart motorway scheme is designed to meet the following objective:

• To reduce congestion and to develop solutions that provide additional capacity, increase journey time reliability and ensure the safe and economic operation of the motorway.

1.3 Consultation Process

1.3.1 Access to the consultation document “M4 J3 to J12 Smart Motorway Consultation Document - The Introduction of Variable Mandatory Speed Limits” was via the Highways Agency and GOV.UK consultations websites.

1.3.2 109 statutory consultees were advised of the consultation by e-mail or by post. Other interested parties were also able to access the consultation documents on the website. Subscribers to the websites received notification of commencement of the consultation. 1.3.3 The consultation on the Highways Agency web site encouraged representative organisations, businesses and interested parties to make contact with the Highways Agency and communicate their views.

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1.3.4 The results of this process can be summarised as follows:

• A total of 33 responses were received within the consultation period;

• 17 responses considered that the scheme will bring improvements and 12 responses did not believe that it would improve the situation. 4 were a nil return with no comments;

• 20 responses were from members of public,

• 3 responses from representative organisations,

• 4 from business

• 4 from Local Authorities,

• 1 from a central government department,

• 1 undisclosed, and

• 94% expressed concerns about the proposals

1.4 Recommendation

1.4.1 All concerns raised have been reviewed and where appropriate responded to or mitigated within the design of the scheme. The M4 junctions 3 to 12 smart motorway scheme is considered to be a Nationally Significant Infrastructure Project (NSIP). Many of these concerns are environmental, such as noise and air quality, and have been covered in greater detail through the public consultation into the wider aspects of the scheme ahead of the proposed application to the Planning Inspectorate for a Development Consent Order. 1.4.2 The majority of responses consider that the introduction of Variable Mandatory Speed Limits would bring improvements to this busy section of the M4 motorway. 1.4.3 This report recommends that variable mandatory speed limits be implemented on the M4 junctions 3 to 12 as part of the smart motorway scheme.

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2. INTRODUCTION

2.1 Purpose of this document

2.1.1 The purpose of this document is to provide a summary of the responses received during the M4 junctions 3 to 12 smart motorway – the introduction of variable mandatory speed limits consultation and to address all the issues raised. The six week consultation took place between 12 January 2015 and 22 February 2015, providing an opportunity for stakeholders, such as road user groups, local government organisations and other interested parties to comment on the proposed draft regulations to allow the implementation of variable mandatory speed limits on the M4 between junctions 3 and 12.

2.2 Scheme background

2.2.1 The M4 motorway (M4) is the main strategic route between London, the West of England and Wales, connecting directly to the M25 and Heathrow Airport. The M4 carries over 130,000 vehicles per day and currently suffers from heavy congestion making journey times unreliable. Traffic flows on the M4 are forecast to increase to an average of 160,000 vehicles per day over the next 20 years, which will result in even more congestion if nothing is done. 2.2.2 The Highways Agency is proposing to improve a 32 mile length of the M4 motorway between junction 3 (Hayes) and junction 12 (Theale) by making it a smart motorway. The smart motorway proposal on the M4 will use the latest technology to improve journeys by monitoring traffic flow and setting speed limits accordingly to keep traffic moving smoothly, instead of continually stopping and starting. The proposal also involves converting the hard shoulder permanently to a traffic lane to create much needed extra capacity necessary to support economic growth. Information about road conditions and speed limits will be displayed to drivers on electronic road signs.

2.2.3 A map showing the extent of the proposed M4 junctions 3 to 12 smart motorway scheme is shown in Figure 1. The precise configuration of the extent of the roads that are included within the scheme may be subject to variation. The M4 junctions 3 to 12 smart motorway scheme will include the motorway and slip roads between junctions 3 and 12 of the M4.

Figure 1: M4 junctions 3 to 12 smart motorway scheme variable mandatory speed limits map

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2.2.4 Evaluation of the existing smart motorways schemes demonstrated that smart motorways are able to deliver clear benefits by providing:

• Improved journey time reliability through reduced congestion; and

• A scheme at lower cost and with less environmental impact than conventional widening programmes.

2.2.5 The design features of the M4 junctions 3 to 12 smart motorway scheme include:

• Variable mandatory speed limits with an associated enforcement/compliance system;

• A queue protection system and congestion management system;

• Comprehensive low light pan-tilt-zoom (PTZ) CCTV coverage;

2.2.6 Obtaining an acceptable level of compliance with the variable mandatory speed limits (displayed on overhead gantries, verge mounted variable message signs and on post mounted advanced motorway indicators (where provided)) is key to the successful and safe operation of the M4 junctions 3 to 12 smart motorway scheme. No new offences or sanctions would be introduced as a result of the proposed changes to legislation.

2.2.7 Enforcement of variable mandatory speed limits is planned to be carried out using a combination of gantry-mounted and verge mounted speed enforcement equipment, and traditional enforcement by the Police.

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2.3 Government’s Code of Practice on Consultation

2.3.1 The Civil Service Reform Plan commits the government to improving policy making and implementation with a greater focus on robust evidence, transparency and engaging with key groups earlier in the process. 2.3.2 As a result the government is improving the way it consults by adopting a more proportionate and targeted approach, so that the type and scale of engagement is proportional to the potential impacts of the proposal. The emphasis is on understanding the effects of a proposal and focusing on real engagement with key groups rather than following a set process.

2.3.3 The key Consultation Principles are:

• departments will follow a range of timescales rather than defaulting to a 12- week period, particularly where extensive engagement has occurred before; • departments will need to give more thought to how they engage with and consult with those who are affected; • consultation should be ‘digital by default’, but other forms should be used where these are needed to reach the groups affected by a policy; and • the principles of the Compact between government and the voluntary and community sector will continue to be respected.

2.3.4 Further information can be found on the Cabinet website at:

• www.gov.uk/government/publications/consultation-principles-guidance

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3. SUMMARY OF RESPONSES

3.1 Analysis of responses

3.1.1 Opinions were sought across a broad spectrum of stakeholders including Central and Local Government, environmental bodies, road users and motoring organisations, the emergency services, vehicle recovery operators, business organisations and members of the public.

3.1.2 A breakdown of respondents is shown below in figure 2.

Figure 2: Breakdown of respondents.

3.1.3 In total 33 responses were received, 17 responses believed that the scheme would bring improvements and 12 of responses did not believe that this would be the case. 4 responses gave no comment. This is illustrated in figure 3 below.

Figure 3: Breakdown of responses to the question of whether they believed the scheme would bring an improvement.

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3.2 Support for the introduction of variable mandatory speed limits

3.2.1 17 of responses considered that the scheme would improve the travelling conditions on the M4 between junctions 3 and 12. Those who responded in favour included Local Authorities, representative motoring organisations RAC and Disabled Motoring UK, representatives of large and small to medium sized businesses in the area as wells as members of the general public.

3.3 Concerns about the introduction of variable mandatory speed limits

3.3.1 We asked if any aspect of the introduction of smart motorways gave cause for concern.

3.3.2 94% of responses raised concerns regard the introduction of smart motorways. The table below in figure 4 shows the breakdown concerns raised.

Figure 4: Breakdown of areas of concern.

Concerns about safety

3.3.3 The largest area of concern relates to safety. These predominantly refer to the removal of the hard shoulder and its replacement with a running lane.

3.3.4 Disabled Motoring UK raised concerns that disabled drivers may have to open a door fully to exit a vehicle or be unable to exit a vehicle stranded in a live lane which increased the risk to them.

3.3.5 Our advice is unchanged from current practice that drivers should leave their vehicles where it is practical and safe to do so, but if this is not possible, drivers should remain in their vehicle with their hazard warning lights on.

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3.3.6 In the event of any vehicle coming to a stop in a live lane, our Regional Control Centre will protect the scene using signs and signals. Noting further comments about levels of compliance with these by other drivers; although on a smart motorway we do generally find higher levels of compliance, because the signs and signals are more closely spaced than on other motorways and the speed limits are mandatory. If a vehicle stops in a live lane the Regional Control Centre will despatch a vehicle to the scene as soon as they become aware of the stranded vehicle. Vehicles do stop in live lanes on both motorways and A roads every day and are dealt with safely; we would expect to respond in similar fashion on a smart motorway, and our advice to drivers (both able bodied and disabled) is unchanged.

3.3.7 Motoring Organisation the RAC commented that it continues to have concerns about the “all lanes running” configuration, which is most notably used on the M25. The RAC favours a configuration where the hard shoulder can be opened up during congested periods, the so-called ‘Dynamic hard shoulder’. It had conducts a survey that suggests that 82% (of its respondents) said they would feel ‘very concerned’ if they broke down in lane one – formerly the hard shoulder – of a four-lane/all-lane running section of motorway.

3.3.8 Evidence from the M42 Managed Motorway and previous sections of Managed Motorway which use the hard shoulder as a running lane have actually shown a reduction in incidents and an improvement in safety. The recently published three-year safety report on the M42 Managed motorway pilot scheme, shows that accidents more than halved since hard shoulder running was introduced on 10.5 miles of M42 (J3a to J7), to the east of Birmingham. There was also an overall reduction in the severity of accidents with zero fatalities and fewer seriously injured. The safety case for All Lane Running has been developed from this and demands that the scheme shows a level of safety risk that is no worse than the current position.

3.3.9 Vehicles regularly and safely enter and exit Emergency Refuge Areas (ERA) on existing smart motorway schemes and the operation on a smart motorways – all lane running scheme is not expected to be any different. The dimensions of the ERAs are the same as for lay-bys on A-roads (however with the entry and exit taper dimensions reversed to give a longer length for exiting), which gives drivers more room to accelerate before entering the mainline. Additional signing in the ERA encourages drivers to contact the Regional Control Centre before leaving and the Regional Control Centre will offer safety advice and ask if the driver requires assistance. By increasing the spacing of ERAs we expect to eliminate as far as possible discretionary stops and therefore the risks (eg being hit by another vehicle being stopped on the hard shoulder and rejoining the mainline) associated with them. Evidence supports the view that many road users will still be able to make it to a refuge area in an emergency, even when the distance is increased.

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Concerns about noise

3.3.10 The next largest area for concern was increased noise.

Highways Agency Response

3.3.11 Extensive noise modelling has been conducted to support the scheme in its application to the Planning Inspectorate for a Development Consent Order. We have consulted widely and continue to work closely with Local Authorities and communities to address areas of increased noise. As a result the scheme is a proposing that the surfacing of all lanes over the whole length of the scheme is “low noise surfacing” and where appropriate additional noise barriers would be provided. More information regarding noise is available in the scheme Environmental Statement.

Concerns about the operation of the smart motorway

3.3.12 6 responses note concerns about the variable message signage showing reduced speed limits when no incident was apparent and over onerous application of enforcement of speed limits.

3.3.13 Slough Borough Council raised a concern regarding the interaction of the variable mandatory speed limits on the M4 with those on the M25 and M3. They also requested information on the interaction of the electronic signage through Slough

3.3.14 Slough Borough Council raised concerns regarding the operation of ramp metering at junction 5, junction 6 and junction 7.

Highways Agency Response

3.3.15 We seek to provide information on incidents further along the network, on the basis this may enable drivers to choose an alternative route if they are made aware of circumstances sufficiently in advance. The equipment installed as part of each smart motorway scheme provides a highly controlled environment which allows better detection and management of incidents. During busy periods, radar devices or detection loops below the road surface are used to identify breakdowns in traffic flow and automatically set lower speed limits on the approach to an incident. The overhead electronic signals can also be used to display warning messages to approaching drivers and close lanes to protect vehicles. Signs display messages as part of a strategy to help promote various initiatives; however, these would always be overridden by other messages.

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3.3.16 The speed limits on the M4 junctions 3 to12 smart motorway scheme will be automatically set in response to the road conditions. Should congestion begin to build then the signalling system will react accordingly and automatically set reduced speed limits to manage the flow of traffic. Should there be an incident that occurs on the M4 junctions 3 to12 smart motorway scheme then the Operator at the Regional Control Centre (RCC) may be required to set appropriate signs and signals. Depending on the location (i.e. should the incident occur near the M25 merge or diverge) then it may be necessary for appropriate signs and signals to be set on the M25. The signalling rules will automatically set signals upstream (whether that be on the M4 or M25) once the Operator has set a signal at a specific location to protect the scene at an incident.

3.3.17 The speed limits on the M4 junctions 3 to12 smart motorway scheme will be automatically set in response to the road conditions. Depending on the level of congestion automatically displayed speed limits will vary at either 40mph, 50mph, 60mph or national speed limit. The design of the system is not to vary the speed unnecessarily – the system will smooth traffic speeds in order to improve and smooth the flow of traffic through the section.

3.3.18 Ramp Metering is proposed to be retained at junction 5 and junction 6 Westbound and junction 6 and junction 7 Eastbound. As per the requirements of relevant standards (IAN 161/13 and IAN 103/08) these sites were assessed to determine if they will continue to provide benefit following implementation of the scheme. These sites were assessed as passing the operational criteria and with Through Junction Running being introduced at these junctions, the likelihood is high that it will continue to do so. The sites will be recalibrated so that they take any changes in operation between junction 6 and A355 into account.

3.3.19 Enforcement would be carried out by Thames Valley Police. When offences are detected, offending drivers are identified and appropriate action taken, using powers defined in the Road Traffic Offenders Act 1988.

Concerns about impacts during construction

3.3.20 4 responses raised concerns about the impacts during construction.

Highways Agency Response

3.3.21 It is anticipated that 3 lanes will be maintained throughout the works. It is anticipated that some traffic will use local roads during the construction period. There will be some clearance of vegetation where it is necessary to allow the works to be completed and some disruption to wildlife. Where necessary the appropriate licences would be sought to move protected species. Additional

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details regarding environmental impacts during the construction period are covered in detail in the Environmental Statement.

Lighting

3.3.22 4 responses raised concerns about lighting.

Highways Agency Response

3.3.23 The scheme intends to retain all lit sections and does not intend to light any additional sections as part of the scheme. However it is anticipated that the scheme will replace lamps with more energy efficient, LED units.

Concerns about air quality

3.3.24 3 responses raised concern about worsened air quality.

Highways Agency Response

3.3.25 Extensive air quality modelling has been conducted to support the scheme in its application to the Planning Inspectorate for a Development Consent Order. This suggests that there are no significant impacts on air quality as a result of the scheme. More information regarding air quality is available in the scheme Environmental Statement.

Concerns about visual intrusion

3.3.26 1 response has raised an issue regarding the visual intrusion of gantries and signage.

Highways Agency Response

3.3.27 The positioning of signage for the scheme is governed by Interim Advice Notice (IAN) 161/13 and the Design for Manual for Roads and Bridges (DMRB). However we will continue to work with local authorities to minimise the impact of visual intrusion on communities within the tolerances specified within the design guidelines.

Other concerns

3.3.28 6 responses had noted that they had concerns though not specified the areas of concerns.

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3.4 Other comments offered by respondents

3.4.1 A local resident of Maidenhead advised that improvements were required to junction 8/9.

3.4.2 The same resident also suggested that there may be an opportunity to combine cabling along the M4 to upgrade local telephone connections and electricity supplies for the community.

3.4.3 Responses suggested that widening would be a better proposal than the introduction of a smart motorways and Variable mandatory speed limits. It was suggested that this could be achieved by providing a narrowing central reserve.

3.4.4 The RAC noted that drivers need to be made more aware of when enforcement is in operation. They consider that inconsistent application of enforcement, such as when the national speed limit applies and no “red rings” are showing undermines confidence in smart motorways.

3.4.5 2 respondents felt that the scheme was a waste of tax payers money.

3.4.6 3 respondents suggested that enforcement would be better performed using average speed cameras.

Highways Agency Response

3.4.7 This is the junction of the A404(M) and the A308(M). While the scheme is not proposing improvements to the junction it is anticipated that on the approach to this junction, lane one will become dedicated to traffic exiting for the junction and lane 2 to 4 will continue through the junction. Traffic joining from this junction will use a slip road that becomes the new lane one that will then continue in either direction.

3.4.8 Unfortunately the ERT system is not connected to the public telephone network therefore it would be unable to benefit local communities in this manner.

3.4.9 At various points along the scheme we will need new connections into the existing power supply infrastructure. We are charged for the electricity that is used to power the technology it will use. Modern signage and lighting is energy efficient. As it stands at present this means that power supplies that run along the scheme would be unable to be used to provide power to communities.

3.4.10 Widening has been considered as an options to deliver improvements to this busy section of the motorway. This option would require the purchase of a considerable amount land along this 32 mile stretch if the M4. It would also take longer to build increasing the disruption to local communities and road users. This option does not provide the taxpayer with value for money.

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3.4.11 The scheme is proposing to replace the current central safety barrier with a concrete barrier. The space gained from the central reserve will be utilised to meet the minimum lane width requirements for the four lanes on the scheme.

3.4.12 As noted in para 3.3.19 enforcement of the speed limit would be carried out by Thames Valley Police.

3.4.13 The M4 carries over 130,000 vehicles per day and currently suffers from heavy congestion making journey times unreliable. This is particularly noticeable during the morning and evening peaks. Traffic flows on the M4 are forecast to increase to an average of 160,000 vehicles per day over the next 20 years, which will result in even more congestion if nothing is done.

3.4.14 At the present time, there is no average speed enforcement system approved to enforce variable mandatory speed limits.

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4. SUMMARY AND RECOMMENDATION

4.1 Summary

4.1.1 As the analysis of the responses shows that even though the consultation had relatively low number responses, those that did respond come from a representative cross section of the community.

4.1.2 50% of the responses received believe that the introduction of variable mandatory speed limits would improve the journey along this busy section of the M4. 38% of responses did not believe it would bring improvements.

4.1.3 94% of responses had concerns about the scheme. These were wide ranging in nature. It is considered that those raised that relate to the introduction of a variable mandatory speed limit have been adequately addresses.

4.1.4 The M4 junctions 3 to 12 smart motorway scheme has been classed as a nationally significant infrastructure project (NSIP) and as such is required to apply to the Planning Inspectorate for a development consent order (DCO). This process requires the scheme to undertake significant public consultation. This has included public information exhibitions in March 2014 and November/December 2014. The latter accompanied a separate public consultation exercise that ran from 10 November 2014 to 21 December 2014. Many of the concerns raised in this consultation echo opinions in the response to that consultation.

4.2 Recommendation

4.2.1 After taking into account the responses to this consultation. The majority of respondents support the implementation of variable mandatory speed limits on the M4 motorway, between junctions 3 and 12. This coupled with proven benefits from similar schemes It is recommended that there introduction onto this section be accepted.

16 M4 J3 to J12 smart motorway Responses to Consultation Introduction of Variable Mandatory Speed Limits

ANNEX A LIST OF STATUTORY CONSULTEES

Alliance of British Drivers Arborfield and Newland Parish Council Associate of Directors of Environment Planning and Transport Association of British Certification Bodies Association of British Insurers Association of Chief Police Officers Association of Industrial Road Safety Officers (AIRSO) Association of Vehicle Recovery Operators Berkshire, Buckinghamshire and Oxfordshire Wildlife Trust Binfield Parish Council Bracknell Forest Council BRAKE Bray Parish Council Britannia Rescue British Geological Survey Society British Insurance Brokers’ Association British Motorcycle Federation British Transport Police Buckinghamshire County Council Burghfield Parish Council Burnham Parish Council Campaign for Better Transport Campaign to Protect Rural England Canal & River Trust CECA (Southern) Ltd Central Council of Magistrates Courts Committee Chief Fire Officers Association Colnbrook with Poyle Parish Council Cox Green Parish Council Datchet Parish Council Defence Police College Policing and Guarding Buckinghamshire Fire & Rescue Service Dirver and Vehicle Standards Agency Disabled Motoring UK Disabled Persons Transport Advisory Committee Dorney Parish Council Driving Standards Agency Earley Parish Council English Heritage Environmental Agency Eton Parish Council Freight Transport Association Friends of the Earth

17 M4 J3 to J12 smart motorway Responses to Consultation Introduction of Variable Mandatory Speed Limits

Green Flag Health and Safety Executive Hillingdon London Borough Council Holybrook Parish Council Horton Parish Council Hounslow London Borough Council Institute of Advanced Motorists Institute of Road Safety Officers Institute of Vehicle Recovery Operators Institution of Civil Engineers Intelligent Transport Systems UK (ITS) Iver Parish Council Local Government Association London Chamber of Commerce & Industry London Wildlife Trusts Magistrates’ Association Metropolitan Police Service Ministry of Defence Ministry of Defence Police Mondial Assistance Motor Insurers' Bureau Motorcycle Action Group Motorcycle Industry Trainers Association National Express Group PLC National Tyre Distributors Association Natural England Oil and Pipelines Agency Parliamentary Advisory Council for Transport Safety Parliamentary Advisory Council for Transport Safety (Media Centre) Police Federation Police Superintendents Association of England and Wales RAC Foundation RAC Motoring Services Reading Borough Council Road Haulage Association Road Rescue Recovery Association Royal Berkshire Fire & Rescue Service Royal Society for the Protection of Accidents Royal Society for the Protection of Birds Shinfield Parish Council Shottesbrooke Parish Council Slough Borough Council South Buckinghamshire District Council South Central Ambulance Services St Nicholas Hurst Parish Council Sulham Parish Council Taplow Parish Council

18 M4 J3 to J12 smart motorway Responses to Consultation Introduction of Variable Mandatory Speed Limits

Thames Valley Chamber of Commerce Group Thames Valley Environmental Records Centre Thames Valley Police The Association of Ambulance Chief Executives The Automobile Association Ltd The British School of Motoring The Chartered Institute of Logistics and Transport The Chartered Institution of Highways and Transportation The Crown Estate Theale Parish Council Tilehurst Parish Council Transport for London Waltham St Lawrence Parish Council West Berkshire Borough Council White Waltham Parish Council Windsor & Maidenhead Borough Council Winnersh Parish Council Wokingham Borough Council Wokingham Town Council