Enforceable Limit?
Discussion
Curious about the legal status of a temporary speed limit near Leighton, and was looking for some "expert" opinion.
Situation: Bypass for Linslade/Stoke-Hammond is currently being built. On A4146 between the two towns, a temorary junction with traffic lights has been made (to allow construction traffic in and out). For a couple of hundred yards either side of this junction, there is a temporary speed limit of 30mph.
The temporary limit only has an entry sign (30 in red circle) and exit sign (NSL).
There are no street-lights in the section that is limited, which I thought was a requirement for a 30 limit where there are no repeaters.
So, is it a valid limit, and is it enforceable?
Sheepy
Situation: Bypass for Linslade/Stoke-Hammond is currently being built. On A4146 between the two towns, a temorary junction with traffic lights has been made (to allow construction traffic in and out). For a couple of hundred yards either side of this junction, there is a temporary speed limit of 30mph.
The temporary limit only has an entry sign (30 in red circle) and exit sign (NSL).
There are no street-lights in the section that is limited, which I thought was a requirement for a 30 limit where there are no repeaters.
So, is it a valid limit, and is it enforceable?
Sheepy
Sheepy said:
There are no street-lights in the section that is limited, which I thought was a requirement for a 30 limit where there are no repeaters.
It's the other way around - if there are streetlights you don't need signs. You need signs if there aren't streetlights.
Repeaters aren't required but there is 'guidance' as to there spacing IIRC.
They would need a Traffic Order to be enforceable and you should be able to find that on the web or in the local rag.
For roadworks a Temporary Order has to be applied for under Section 14(1) Road Traffic Regulation Act 1984 and if granted will outline what traffic regulation and speed limit applies. It will also contain a requirement regarding signing.
Under Section 85 same Act there is an obligation to sign a speed limit with signs as mentioned and directed in Traffic Signs and General Directions 1984.
Where a single carriageway in concerned then entry should be by a sign at either side of the road and likewise at the end with NSL sign or other. This may vary if junctions are involved within the limit, which does not seem to be the case in what mentioned.
The absence of proper signing gives rise to the fact that the limit is not signed in accordance with regulation and therefore legal argument that any limit under the Order unenforceable.
I would prompt the question - has an Order been made or is the Contractor chancing his arm and just putting up a couple of signs?
Local Authority should be contacted to ensure an Order has been made and if so that it needs to be signed correctly.
A road with street lighting less than 200 yards apart automatically is a "restricted road" and subject to a 30 mph speed restriction until such time as HA or LA make an Order destricting and placing another limit on it.
dvd
Under Section 85 same Act there is an obligation to sign a speed limit with signs as mentioned and directed in Traffic Signs and General Directions 1984.
Where a single carriageway in concerned then entry should be by a sign at either side of the road and likewise at the end with NSL sign or other. This may vary if junctions are involved within the limit, which does not seem to be the case in what mentioned.
The absence of proper signing gives rise to the fact that the limit is not signed in accordance with regulation and therefore legal argument that any limit under the Order unenforceable.
I would prompt the question - has an Order been made or is the Contractor chancing his arm and just putting up a couple of signs?
Local Authority should be contacted to ensure an Order has been made and if so that it needs to be signed correctly.
A road with street lighting less than 200 yards apart automatically is a "restricted road" and subject to a 30 mph speed restriction until such time as HA or LA make an Order destricting and placing another limit on it.
dvd
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