A153 Anwick, Lincolnshire | Invalid 30 Speed Limit
Discussion
Hi All,
I haven't seen this posted, apologies if I've missed it.
If you know anyone who's been caught by the Truve£o at the above location, it appears that there is no limit (except NSL) on the road (and hasn't been since at least 1986).
The reason being that the purported carriageway lighting is, in fact, only footway lighting.
I haven't seen this posted, apologies if I've missed it.
If you know anyone who's been caught by the Truve£o at the above location, it appears that there is no limit (except NSL) on the road (and hasn't been since at least 1986).
The reason being that the purported carriageway lighting is, in fact, only footway lighting.
Direction 11 of the Traffic Signs and General Directions 2002 states that speed repeater signs shall be erected at regular intervals within the posted limit but not on a road on which there is provided a system of carriageway lighting furnished by lamps lit by electricity placed not more than 183 metres apart in England and Wales or not more than 185 metres apart in Scotland and which is subject to a speed limit of 30 mph.
A "Footway" is defined as meaning a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only. The "carriageway" is that part of a road over which there is a right of way for passage of vehicles. Together the carriageway and the footway form a highway.
I fear any argument as to whether the lighting is exclusively for the 'footway' rather than for the 'carriageway' could be moot. No doubt DVD or another will be along shortly to confirm or deny.
Streaky
A "Footway" is defined as meaning a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only. The "carriageway" is that part of a road over which there is a right of way for passage of vehicles. Together the carriageway and the footway form a highway.
I fear any argument as to whether the lighting is exclusively for the 'footway' rather than for the 'carriageway' could be moot. No doubt DVD or another will be along shortly to confirm or deny.
Streaky
Firstly nice to see Mr Archer back in the fold - was wondering J?
Streaky. I have heard this put forward before about footway lights v street lighting. Under "restricted road" this, as you know, has to have a system of CARRIAGEWAY LIGHTING.
In the case Roberts v Croxford [1969] Mags inspected a site and found that the street lighting was for lighting a promenade nearby and not for lighting the road and as a result was in contradiction of a certificate signed by an officer of the highway of the fact that lighting was provided before 1st July 1957 which,in those days, negated a restricted road just by street lights. This doesn't seen to have been brought forward in the Road Traffic Regulation Act 1984.
In todays climate of following the letter of the law then I suppose there is an argument which will depend on what is the definition/specification of carriageway lights against footpath lighting. If there is a difference in height, size etc then it will open up an argument.
Alas I cannot resolve as I do not have access now to the "Bibles" on Traffic Management held by Local Authorities where such definitions may be found.
DVD
>> Edited by Dwight VanDriver on Monday 23 May 08:14
Streaky. I have heard this put forward before about footway lights v street lighting. Under "restricted road" this, as you know, has to have a system of CARRIAGEWAY LIGHTING.
In the case Roberts v Croxford [1969] Mags inspected a site and found that the street lighting was for lighting a promenade nearby and not for lighting the road and as a result was in contradiction of a certificate signed by an officer of the highway of the fact that lighting was provided before 1st July 1957 which,in those days, negated a restricted road just by street lights. This doesn't seen to have been brought forward in the Road Traffic Regulation Act 1984.
In todays climate of following the letter of the law then I suppose there is an argument which will depend on what is the definition/specification of carriageway lights against footpath lighting. If there is a difference in height, size etc then it will open up an argument.
Alas I cannot resolve as I do not have access now to the "Bibles" on Traffic Management held by Local Authorities where such definitions may be found.
DVD
>> Edited by Dwight VanDriver on Monday 23 May 08:14
Dwight VanDriver said:
Firstly nice to see Mr Archer back in the fold - was wondering J?
Was wondering what? Where I'd been?
If so, I'm far busier at work than I used to be, unfortunately.
That, coupled with increased activity on nother forum, meant that something had to go.
In this case, the accused was keen that this get more publicity, as there must be thousands affected.
I see Ted's now picked up on the story.
AIUI, there was an order on the road (presumably because they are only footway lamps, although the CPS at one stage tried to get the accused to agree that there wasn't). However, because they were footway lamps, repeaters are required.
>> Edited by jeffreyarcher on Monday 23 May 12:05
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