NIP for not slowing at new variable limit, even when it's
NIP for not slowing at new variable limit, even when it's
Author
Discussion

Evoluzione

Original Poster:

10,345 posts

272 months

Thursday 5th November 2020
quotequote all
.....incorrectly applied.

As much cathartic and to warn anyone else on this one, but with a question at the end.

I was Northbound on the M1 South of Sheffield when the traffic slowed for an accident which had only just happened, there were NO warning signs on at this point.
Accelerating away from it the motorway was relatively clear as it often is after a hold up. Took it up to 70 and the warning signs came on advising (a little late) of an accident and to do 60, yet the motorway was perfectly clear, no brake lights ahead etc.
As I'd just past said accident I didn't slow, I got flashed and have just had the NIP for doing 70.
I know someone will say 'Well there could have been another accident', but there wasn't and no signs of one either.

I don't suppose it's worth contesting this is it? Seems a little unfair, but I guess rules is rules even when incorrectly applied.

Pica-Pica

16,571 posts

113 months

Thursday 5th November 2020
quotequote all
You could see the 60? A camera would most likely have been activated when that shows.
Were the warning signs ‘advising’ or ‘instructing’? I assume the 60:had a red circle around it, so that would not be ‘advising’.

Edited by Pica-Pica on Thursday 5th November 11:46

chopper602

2,333 posts

252 months

Thursday 5th November 2020
quotequote all
There is a delay built in, so that you won't get a ticket driving under a just changed sign.
Sounds like you were over this delay, but why ignore the speed limit, especially on a gantry with a big yellow camera?

anonymous-user

83 months

Thursday 5th November 2020
quotequote all
The NIP may have been accompanied by an FAQ. That FAQ may say that excuses such as "the road was clear" or "I did not see the sign" are not valid excuses. Speeding is a strict liability offence. Your intention, your perception, and your judgment as to what is or is not fair are of no relevance to the bust.

Evoluzione

Original Poster:

10,345 posts

272 months

Thursday 5th November 2020
quotequote all
Yep, common sense does not apply in the eyes of the law.
Thinking how many times i've seen 'Animals on the carriageway' 'Debris on road' and 'Road flooded' to find nothing of the sort.
To me these signs just say 'Be extra vigilant, be prepared to slow or stop if needed'.

anonymous-user

83 months

Thursday 5th November 2020
quotequote all
The law is for the most part heavily influenced by common sense. Traffic law is often utilitarian in design. It can't function on an atomised basis making special allowances for every individual.

Not seeing animals in the road does not mean that there were never any animals in the road.

These arguments are not attractive to the Republic of Me type, but the law has to take a wider view than such a type does.

RyanOPlasty

899 posts

237 months

Thursday 5th November 2020
quotequote all
Of course it is possible ( but not in your case ) that there is a second accident in front of you. For this reason, you shouldn't be assuming the road is clear and ignoring the signs.

768

20,678 posts

125 months

Thursday 5th November 2020
quotequote all
Annoying.

I slowed for an accident about a year ago in a variable limit, the left lane was closed where it happened. Passed the accident and the road cleared up as everyone moved left. Completely forgot about the variable limit and just booted it, realised within a few seconds that people weren't even nearly following and there were NSL signs ahead. Flash flash.

Felt very fortunate a couple of weeks later when an NIP didn't come through for some reason.

Justin Case

2,195 posts

163 months

Thursday 5th November 2020
quotequote all
I understand from someone I know who works for the Highways Agency that the digital signs are operated from control centres and rely on the information that they receive. As it isn't just from Police and HA officers on the spot but sometimes from MLMs on their phones it is probably wrong, but they have to act on it, hence the often misleading messages. On the other hand it it is quite often correct, so best to give them the benefit of the doubt.

EU_Foreigner

2,838 posts

255 months

Thursday 5th November 2020
quotequote all
I passed one of those as well, but after the accident the next 3 gantries were off (no repeat sign of 40) and everyone was slowly moving back to 70 as it was all very confusing. It was only on the 4th gantry that had the "end of restrictions" sign on it (which was miles away).

In law, the 40 would still have been valid for miles after the obstruction - but having the displays off is very odd to me.

culpz

4,964 posts

141 months

Thursday 5th November 2020
quotequote all
I now join a variable speed limit motorway on my new commute. A few days ago, there was warning that a slip road up ahead was queuing, so the next few gantries went from the NSL down to 60, 50, 40 respectively. I complied accordingly and eventually passed the queue but it seemed perfectly clear at that point and the next gantry after that was back to the NSL.

I get that it can be frustrating, as it can appear to be a fuss over nothing. However, at no point did i think, well i can't see what the issue is personally, and stick to doing the NSL with huge, illuminated signs with the new limit telling me otherwise and bright yellow cameras behind them ready to pounce. I'm not sure what you could even attempt to contest tbh.

Doing 70 in a 60 should give you the option to do the course anyway. Take it and treat it as a lesson learnt.

Pica-Pica

16,571 posts

113 months

Thursday 5th November 2020
quotequote all
EU_Foreigner said:
I passed one of those as well, but after the accident the next 3 gantries were off (no repeat sign of 40) and everyone was slowly moving back to 70 as it was all very confusing. It was only on the 4th gantry that had the "end of restrictions" sign on it (which was miles away).

In law, the 40 would still have been valid for miles after the obstruction - but having the displays off is very odd to me.
We have covered this numerous times. I wrote to Highways Agency who say, when a speed limit is not displayed due to error, the speed cameras only activate at the limit that is displayed (Therefore at NSL if no speed is displayed)

EU_Foreigner

2,838 posts

255 months

Thursday 5th November 2020
quotequote all
Thanks - that clarifies that then. Up till now, I have only felt comfortable moving back up once passing a slip road as at that point I know they can't tell where you came from at the next gantry.

BertBert

21,256 posts

240 months

Thursday 5th November 2020
quotequote all
EU_Foreigner said:
Thanks - that clarifies that then. Up till now, I have only felt comfortable moving back up once passing a slip road as at that point I know they can't tell where you came from at the next gantry.
Unless there are limit signs on the slip road. A3 to M25 Westbound for example. Risky.
Bert

Drumroll

4,517 posts

149 months

Thursday 5th November 2020
quotequote all
Evoluzione said:
.....incorrectly applied.

As much cathartic and to warn anyone else on this one, but with a question at the end.

I was Northbound on the M1 South of Sheffield when the traffic slowed for an accident which had only just happened, there were NO warning signs on at this point.
Accelerating away from it the motorway was relatively clear as it often is after a hold up. Took it up to 70 and the warning signs came on advising (a little late) of an accident and to do 60, yet the motorway was perfectly clear, no brake lights ahead etc.
As I'd just past said accident I didn't slow, I got flashed and have just had the NIP for doing 70.
I know someone will say 'Well there could have been another accident', but there wasn't and no signs of one either.

I don't suppose it's worth contesting this is it? Seems a little unfair, but I guess rules is rules even when incorrectly applied.
How have they been incorrectly applied?

Why was it unfair?

On what grounds do you feel speed limits (however silly) don't apply to you?


Centurion07

10,395 posts

276 months

Thursday 5th November 2020
quotequote all
Justin Case said:
I understand from someone I know who works for the Highways Agency that the digital signs are operated from control centres and rely on the information that they receive. As it isn't just from Police and HA officers on the spot but sometimes from MLMs on their phones it is probably wrong, but they have to act on it, hence the often misleading messages. On the other hand it it is quite often correct, so best to give them the benefit of the doubt.
Thus proving what I have said all along; they're not fit for purpose.

Putting up warnings for 5 miles before and after an incident because they're not entirely sure where it is and therefore carpet bomb the entire area does not equate to fit for purpose in my mind.

anonymous-user

83 months

Thursday 5th November 2020
quotequote all
Some person who might be a sensibly concerned motorist or might be some random MLM rings in and says that there is a hazard on the motorway "near XTown". That might be a false alarm. It might not be. What is there is indeed a hazard but the HA does nothing?

irocfan

48,995 posts

219 months

Thursday 5th November 2020
quotequote all
I must admit that some of these warnings are downright dangerous at times - had one on the M1 last year 22:00 and suddenly there's a sign advising 20mph oncoming traffic eek . There's me crawling along at the advertised limit (which feels weird anyway) and being overtaken by all and sundry - fecking terrifying! In the end I just tucked in behind an HGV @ mid-40's for the several miles the sign was on. No oncoming vehicles were seen. No NIP received, but I do wonder at the legal position there

Centurion07

10,395 posts

276 months

Thursday 5th November 2020
quotequote all
Alternatively they carpet bomb an area, cause congestion where there was none previously and as a Brucie Bonus get to nab people like OP for having the temerity to trust their own two eyes to spot a potential hazard.

Fact is, I see more misleading matrix messages than I do genuine ones, and once you've seen a few of those, you tend to become a bit blase about them.

Pica-Pica

16,571 posts

113 months

Thursday 5th November 2020
quotequote all
Centurion07 said:
Alternatively they carpet bomb an area, cause congestion where there was none previously and as a Brucie Bonus get to nab people like OP for having the temerity to trust their own two eyes to spot a potential hazard.

Fact is, I see more misleading matrix messages than I do genuine ones, and once you've seen a few of those, you tend to become a bit blase about them.
Really? Most matrix signs I see are genuine.