14 points already, another N.I.P. received. Any suggestions?

14 points already, another N.I.P. received. Any suggestions?

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Discussion

streaky

19,311 posts

251 months

Wednesday 28th December 2005
quotequote all
Stubby Pete said:
[ ... ] I've got 14 points already, 3 SP30's (3,4&4) and another 3 for a MS90 (failing to provide details of the driver). The latter was received after the efficient H.R. department of my employers gave the Police the wrong address for the N.I.P. (company car).
If that's the whole story, you should have had a defence - Streaky

tim milne

345 posts

235 months

Wednesday 28th December 2005
quotequote all
This might be a complete red herring, but in your situation, probably worth investigating... I heard that temporary speed limits in road works aren't (always?) legally enforcable. So, if the limit was usually 70, then your 62 would be OK. You'd need a good lawyer and probably some time spent researching, but it might be worthwhile. I heard about this in connection with the M25 variable limits which needed an act of parliament to make them enforcable.

Of course, this would require you to go into court and plead Not Guilty, which in your situation might invite a Butch Cassidy and the Sundance Kid type ending should it not go in your favour. But you might think in terms of hanging, sheep and lambs...

maybe someone else can cast some legal light on this?

bob_defly

3,774 posts

233 months

Wednesday 28th December 2005
quotequote all
If you need your car for your livelihood, then I'd suggest slowing down a bit.

AndyAudi

3,079 posts

224 months

Wednesday 28th December 2005
quotequote all
tim milne said:
This might be a complete red herring, but in your situation, probably worth investigating... I heard that temporary speed limits in road works aren't (always?) legally enforcable. So, if the limit was usually 70, then your 62 would be OK. You'd need a good lawyer and probably some time spent researching, but it might be worthwhile. I heard about this in connection with the M25 variable limits which needed an act of parliament to make them enforcable.

Of course, this would require you to go into court and plead Not Guilty, which in your situation might invite a Butch Cassidy and the Sundance Kid type ending should it not go in your favour. But you might think in terms of hanging, sheep and lambs...

maybe someone else can cast some legal light on this?


My local rag (NE Scotland) had an article sometime ago about speeding convictions which were to be quashed, the contractor carrying out the roadworks hadn't applied to get the limit on that stretch of the road reduced for the time the work was being carried out.

Dwight VanDriver

6,583 posts

246 months

Wednesday 28th December 2005
quotequote all
Don't know about SKoland Andy, but presume same as Ingerland...

Nowt to do with the Contractor.

Temporary Road Works attract an Order by Local Authority if other than Trunk Road (TR Highways Agency) covering what they are going to do, length of works on road and what restrictions including speed limit. Timing left loose (e.g.period of two months) so that when they start and only when they put up the required signs then the speed limit is operative. Once work is complete there is an obligation to take down signs including the speed limit signs. If the signs are down and the Order is still in time then limnit cannot be enforced.

Local rag did you say????

dvd

AndyAudi

3,079 posts

224 months

Wednesday 28th December 2005
quotequote all
Dwight VanDriver said:


Nowt to do with the Contractor.

Temporary Road Works attract an Order by Local Authority if other than Trunk Road (TR Highways Agency) covering what they are going to do, length of works on road and what restrictions including speed limit. Timing left loose (e.g.period of two months) so that when they start and only when they put up the required signs then the speed limit is operative. Once work is complete there is an obligation to take down signs including the speed limit signs. If the signs are down and the Order is still in time then limnit cannot be enforced.

Local rag did you say????

dvd


I would assume the contractor applies to the local authority? The article said the strech of road the limit was applied for did not match the stretch of road being dug up !

It was in the Press & Journal but online archives only seem to go back 6 months.
www.crapservice.co.uk/forum/showthread.php?t=1225

edited to add link for similar tale,

>> Edited by AndyAudi on Wednesday 28th December 15:52