40mph Advisory speed limit M27
40mph Advisory speed limit M27
Author
Discussion

BennyDunks

Original Poster:

68 posts

90 months

Wednesday 4th September 2019
quotequote all
After some advice of what to expect -

Last week I was driving back from work around midnight on the M27, There appeared to be roadworks on the hard shoulder and I noticed the gantry lights flashing and an advisory 40mph being shown (Like the image below) - just as i noticed this (Unsure if it was the first indication) I came off the cruise control to slow down but I also noticed what appeared to be a camera van on the hard shoulder. At a guess i'd say i went past some where in the region on 65mph which is clearly a Band A offence over 45% of the speed limit. So my question is are advisory speed limits enforceable (I thought not, but then why have a camera van) and does it matter that the 40mph limit was on a motorway or is it the same points / fine / ban as if it was a standard 40mph limit?



Thanks!

CycloneChilli

6 posts

90 months

Wednesday 4th September 2019
quotequote all
An advisory speed limit is exactly that, advisory, and you’re correct that they are not enforceable in their own right. It is not against the law to exceed the 40mph limit as long as, of course, you are still driving with due care and attention.

Assuming there were no other gantry or roadside speed limit signs with numbers in red rings, then the speed limit on that motorway was 70mph.

The camera van was probably there to catch people going over 70, as so many people do normally, advisory speed limit or not. As you were going at 65mph you have nothing to worry about.

agtlaw

7,403 posts

235 months

Wednesday 4th September 2019
quotequote all
In any event, 65/40 is not “clearly a Band A offence.” It’s a £100 fixed penalty with 3 points.

martinbiz

3,699 posts

174 months

Wednesday 4th September 2019
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Can’t say I have ever seen camera van enforcement on the hard shoulder of a motorway with or without roadworks, are you sure it wasn’t ANPR? Or maybe checking contractors speeds within the works, that does happen from time to time

normalbloke

8,875 posts

248 months

Wednesday 4th September 2019
quotequote all
Camera vans will not work from the hard shoulder.

BennyDunks

Original Poster:

68 posts

90 months

Wednesday 4th September 2019
quotequote all
CycloneChilli said:
An advisory speed limit is exactly that, advisory, and you’re correct that they are not enforceable in their own right. It is not against the law to exceed the 40mph limit as long as, of course, you are still driving with due care and attention.

Assuming there were no other gantry or roadside speed limit signs with numbers in red rings, then the speed limit on that motorway was 70mph.

The camera van was probably there to catch people going over 70, as so many people do normally, advisory speed limit or not. As you were going at 65mph you have nothing to worry about.
Hopefully you're right - Just found it very strange that there was a camera van right there in the roadworks at midnight - Thanks for the reply!

agtlaw said:
In any event, 65/40 is not “clearly a Band A offence.” It’s a £100 fixed penalty with 3 points.
Sorry my mistake - Online i was looking at the banding for offences here - https://www.moneyadviceservice.org.uk/blog/speedin... is this not correct?

martinbiz said:
Can’t say I have ever seen camera van enforcement on the hard shoulder of a motorway with or without roadworks, are you sure it wasn’t ANPR? Or maybe checking contractors speeds within the works, that does happen from time to time
Almost positive it was a camera van, seemed to be angled towards the road with lights on the rear - Don't think ANPR would be out a midnight!

normalbloke said:
Camera vans will not work from the hard shoulder.
How come?

agtlaw

7,403 posts

235 months

Wednesday 4th September 2019
quotequote all
It's incorrect. Extremely misleading article written by an idiot journalist who doesn't understand the process.

This is simply ludicrous.

"Then you’ll be sent a Fixed Penalty Notice (FPN).This is where you can plead guilty or not guilty. Pleading guilty means you’ll need to go to court."


Edited by agtlaw on Wednesday 4th September 10:10

SS2.

14,712 posts

267 months

Wednesday 4th September 2019
quotequote all
Whereabouts on the M27 ?

Jackk_18

37 posts

107 months

Wednesday 4th September 2019
quotequote all
As an employee of Highways, contractors do sometimes use vehicles at the side of the carriageway to enforce upon motorists driving through roadworks at excessive speeds so all depends if it was actually roadworks or not... these kind of vehicles are not present on every day conditions.

BennyDunks

Original Poster:

68 posts

90 months

Wednesday 4th September 2019
quotequote all
agtlaw said:
It's incorrect. Extremely misleading article written by an idiot journalist who doesn't understand the process.

This is simply ludicrous.

"Then you’ll be sent a Fixed Penalty Notice (FPN).This is where you can plead guilty or not guilty. Pleading guilty means you’ll need to go to court."


Edited by agtlaw on Wednesday 4th September 10:10
Well that's good to hear, thanks

BertBert

21,265 posts

240 months

Wednesday 4th September 2019
quotequote all
Jackk_18 said:
contractors do sometimes use vehicles at the side of the carriageway to enforce upon motorists driving through roadworks at excessive speeds
So how does that work then?

BennyDunks

Original Poster:

68 posts

90 months

Wednesday 4th September 2019
quotequote all
SS2. said:
Whereabouts on the M27 ?
Just after Rownhams services up to the Southampton Junction - Van was just before the turn off.

Jackk_18 said:
As an employee of Highways, contractors do sometimes use vehicles at the side of the carriageway to enforce upon motorists driving through roadworks at excessive speeds so all depends if it was actually roadworks or not... these kind of vehicles are not present on every day conditions.
Definitely roadworks - looked to be the same as the police camera vans though.

SS2.

14,712 posts

267 months

Wednesday 4th September 2019
quotequote all
BennyDunks said:
SS2. said:
Whereabouts on the M27 ?
Just after Rownhams services up to the Southampton Junction - Van was just before the turn off.
Towards the M271 (w) or towards Portsmouth (e) ?

If heading westbound, there's a [correctly signed] 50mph speed limit from just after the services down to the M271 junction - it's been there for months, even though there doesn't appear to be much going on.

If heading eastbound, the 50mph limit for the smart improvements doesn't start until after the M3 junction.

BennyDunks

Original Poster:

68 posts

90 months

Wednesday 4th September 2019
quotequote all
SS2. said:
Towards the M271 (w) or towards Portsmouth (e) ?

If heading westbound, there's a [correctly signed] 50mph speed limit from just after the services down to the M271 junction - it's been there for months, even though there doesn't appear to be much going on.

If heading eastbound, the 50mph limit for the smart improvements doesn't start until after the M3 junction.
Westbound - So maybe i'll be getting a NIP for exceeding 50mph then.

Pica-Pica

16,588 posts

113 months

Wednesday 4th September 2019
quotequote all
Advisory is advisory. But you may be done for inconsiderate/careless/dangerous driving, but not likely by a camera van.
This morning M62 had 50 advisories, then 40, road clear as far as the eye can see, but it alerted most, speed dropped to 20 above. Then move left in two outer lane gantries, then two outer lanes close with X. There were a few who did not get over until after the red X’s, we will never know what/if they got done with.
These signs were adequately in advance of lanes two and three having police, recovery and two smacked vehicles. One looking very nasty. It is possible, my speculation, that one rammed the other as the mandatory fixed-sign 50 was reached, despite 3 very visible countdown markers before.

SS2.

14,712 posts

267 months

Wednesday 4th September 2019
quotequote all
Pica-Pica said:
Advisory is advisory. But you may be done for inconsiderate/careless/dangerous driving, but not likely by a camera van.
The section of M27 the OP is referring to is currently subject to a temporary 50mph limit.

Kewy

1,464 posts

123 months

Wednesday 4th September 2019
quotequote all
M27 is a joke at the moment, as you say, 50mph average speed check, a mile gap at NSL then an non-camera'd stretch of 50mph again for no apparent reason.

I avoid heading west from Portsmouth as much as possible at the moment.

martinbiz

3,699 posts

174 months

Wednesday 4th September 2019
quotequote all
Jackk_18 said:
As an employee of Highways, contractors do sometimes use vehicles at the side of the carriageway to enforce upon motorists driving through roadworks at excessive speeds so all depends if it was actually roadworks or not... these kind of vehicles are not present on every day conditions.
Sorry matey but that is absolute tosh, since when did contractors or highways get given powers to enforce speed limits. As I said earlier they may sometimes check the speeds of their own vehicles within the site, but that is as far as it goes

CJ1

470 posts

107 months

Wednesday 4th September 2019
quotequote all
I had this exact situation in the exact same part of the M27 about a month ago in a courtesy car. I was going about 55ish but so was everyone else, Didn’t get a ticket. I’ve always thought unless the speed limit has a RED circle around the limit it’s not enforceable, just an advisory. The orange flashing isn’t enforceable.

martinbiz

3,699 posts

174 months

Wednesday 4th September 2019
quotequote all
BennyDunks said:
agtlaw said:
It's incorrect. Extremely misleading article written by an idiot journalist who doesn't understand the process.

This is simply ludicrous.

"Then you’ll be sent a Fixed Penalty Notice (FPN).This is where you can plead guilty or not guilty. Pleading guilty means you’ll need to go to court."


Edited by agtlaw on Wednesday 4th September 10:10
Well that's good to hear, thanks
The whole article is riddled with incorrect information

“One of the scenarios for being offered a speed awareness course is that’s its your first offence”

Hmmmm.....