>>I cannot believe that the RAC/AA missed this as the legislation was being formed up.
I have no way of knowing for sure, but I bet they knew.
>>>Subsection (3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.
This one will apply to anyone working at the roadside including the AA/RAC. I recently had one complaint because of beacon use (hazardous location). The Police told me to switch them off because of a householder complaint!!