Road works or not?

[victormeldrew]

Over the last week or so I have noticed that a lot of motorway roadworks have had the cones pushed back onto the hard shoulder, e.g the M1 around Leicester Forest. All three lanes of the motorway are open, and the hard shoulder as well. The 40mph roundels remain, as do the speed camera signs. Judging by the fact that if you actually abide by the 40mph signs everyone goes past, including lorries after the mandatory intimidating tailgate and main beam routine, it would seem that the consensus is that the roadworks are "finished" and the 40mph limit doesn't apply.

I think a lot of folk will be getting un unwanted Christmas surprise in the mail.

Is this yet another sly dodge to trick people into speeding fines?

[TonyRec]

I dont agree with the fact that the cones are left out at the side of the road when overnight works are present. I can see why they do it especially if there are lots of cones involved.

What normally happens is that the speed limit is raised to say 50mph when the cones are at the side of the road but sometimes the 40 limit is still in place.

Because as you quite rightly point out, when the cones are pushed to the side of the road, its a natural assumption that the works are finished and the speed limit is back to normal.

However, this is not the case unless the speed limit signs are removed .

[TonyRec]

Forgot to add...common sense must prevail here and i for one wouldnt stop anyone in this situation.

Cameras would though!

[puggit]

Standard holiday practice by the Highways agency to suspend roadworks during the holiday periods.

However, for the Scamerati scum - Christmas will truly be joyful

[Cooperman]

Wasn't there a case a while back where the cones were removed from the carriageway thus opening up all the lanes, the road works were, technically, completed, but the cameras stayed as did the signs. I believe a court ruled that the limit could only apply during the carrying out of the work for which the restriction was specifically applied. Thus completion meant that the limit was no longer valid, signs or no signs.
Unfortunately I can't remember the details.

[Hanse Cronje]

the ones by junc 16 m6 they put signs telling you that the cameras had been suspended when cones were still present

[Dwight VanDriver]

Cooperman said:

Wasn't there a case a while back where the cones were removed from the carriageway thus opening up all the lanes, the road works were, technically, completed, but the cameras stayed as did the signs. I believe a court ruled that the limit could only apply during the carrying out of the work for which the restriction was specifically applied. Thus completion meant that the limit was no longer valid, signs or no signs. Unfortunately I can't remember the details.

IIRC correctly was a case of speeding after roadworks completed but signs not taken down near Luton Airport.

Defence used Direction 36 Traffic Signs and General Directions 2002:

Restrictions on the placing of temporary signs
36. The signs shown in Schedule 12, other than in diagrams 7014, 7019, 7020, 7032 and 7103, may be placed only in connection with the execution of works on or near a road or a temporary obstruction thereon, and any such sign so placed and any other sign shown in a diagram in Schedules 1 to 11(THIS INCLUDES THE SPEED LIMIT SIGNS)placed shall not be retained on or near the road after the completion of the works or the removal of the obstruction, as the case may be, unless -



(a) it is a sign of the type shown in diagram 7009,(stone chipps on road) in which case that sign may be retained on or near a road after the completion of the works for so long as the traffic authority for the road thinks fit; or

(b) it is a sign of the type shown in diagram 7012 bearing the words "NO GIVE WAY MARKINGS" or "NO STOP MARKINGS", in which case that sign shall be removed as soon as the road markings have been replaced and in any event not later than 28 days after the completion of the works.

He walked.

dvd