Was I speeding??
Discussion
2 half yrs ago, was clocked by a unmarked Police car, got £60 fine, and 3 points (30) limit, they clocked me doing 44mph. Have now found out that the road, is infact a (40) unrestricted road, NO STREET LAMPS AT ALL, have been in touch with ABD, and they have confirmed this is a illegal (30) sign put up on show . So infact i was doing 44mph in a (40). how do I stand, was I still speeding, yes doing 44mph in a (40) but allowing for errors, with my speedo read out, how do you think I stand?? Any help many thanks.
Many thanks Godfrey H, The thought of going to court sucks, so will write to the police, ask them if they are aware that that road, is an illegal (30) see what they say. Not sure how to tackle this.New to this points on licence thing, been driving 23 yrs, had a clean licence, until now, so ta for any advice.
superstumps said:
2 half yrs ago, was clocked by a unmarked Police car, got £60 fine, and 3 points (30) limit, they clocked me doing 44mph. Have now found out that the road, is infact a (40) unrestricted road, NO STREET LAMPS AT ALL, have been in touch with ABD, and they have confirmed this is a illegal (30) sign put up on show . So infact i was doing 44mph in a (40). how do I stand, was I still speeding, yes doing 44mph in a (40) but allowing for errors, with my speedo read out, how do you think I stand?? Any help many thanks.
Right, in a nut shell - road with street lights less than 200 yrds apart is a restricted road - 30 mph - no signs required. No Order required.
30 mph restriction on a road without lamps requires an Order to make it legal and has to be signed as such. 30mph. Likewise a 40 restriction in a street with lamps with repeater signs. Again an Order with or without lamps to make it lawful.
What you want to find out from your Local Authority is whether an Order is in force for that bit of road making it a restricted road 30 or a 40 and note that the 30 if so Order should have been made under Section 84 Road Traffic Regulation Act 1984 and not under Section 82 (2) same Act. If the later applies then it is an unlawful restriction.
DVD
Many thanks dwight vandriver, according to the traf reg order it falls under a restricted road for purpose of sect 81 of the act,even tho no street lights on rd. Seems like a typical anomaly cropping up everywhere nowadays to catch motorists out.
Is there any way I could attach the document and show you it???Cheers
Is there any way I could attach the document and show you it???Cheers
SS
The Order should show under what authority the road is made into a 30 mph speed limit.
There has been a Mag Court decision (reported I think on this site but cannot find it)which threw out a 30 on a road without Street lights as illegal because the Order making it a 30 had not been made under Sect 84 but under 82(2)(b). Apparently a number of LA's in the past had been doing this and not apparently legal.
If the Order for the 30 has been made under 84 then it is legal - providing it is signed in accordance with the Order and Traffic Signs General Directions 2002.
DVD
The Order should show under what authority the road is made into a 30 mph speed limit.
There has been a Mag Court decision (reported I think on this site but cannot find it)which threw out a 30 on a road without Street lights as illegal because the Order making it a 30 had not been made under Sect 84 but under 82(2)(b). Apparently a number of LA's in the past had been doing this and not apparently legal.
If the Order for the 30 has been made under 84 then it is legal - providing it is signed in accordance with the Order and Traffic Signs General Directions 2002.
DVD
Cheers Dwight, the road i am talking about, has no street lights if you drive by at night it is pitch black, the document was made up, for 2 speed restrictions, a 50 Schedule (1) & the said 30 is schedule (2), it was a 40 before 1996, but was changed in 1996. Dorset county court in exercice of the powers under section 82(2) 83(2) and 84 (1)and (2) of the road traffic regulation act 1984 (hereinafter referred to as the 'the act of 1984')and of all other enabling powers and after consultation with the cheif officer of ploice in accordance with Paragraph 20 of scedule 9 to the act of 1984, hereby make the following order The document refers to the 30, as schedule 2 the words are as follows:- The length of road specified in schedule 2 to this order shall be a restricted road for the purpose of section 81 of the act.This order may be cited at the county of dorset (c21, Old sherborne road, charminster) (50 mph speed limit and restricted roads) order 1996 and shall come into operation on the twenty seventh of september 1996
executed as a deed and the common seal of the county council was affixed herto in the presence of
Signed
County Solicitor
Hope this makes sense, cheers for reading.
executed as a deed and the common seal of the county council was affixed herto in the presence of
Signed
County Solicitor
Hope this makes sense, cheers for reading.
C
I have sent you details of the Court Report which should explain more.
I note that it appears that you have seen the Order in question which is two fold. A downgrade to 30 and a 50 limit elsewhere.
The preamble explaining the power they have used does in fact mention Sect 84 (1) (2 - public consulation) in addition to Section 82 so it can therefore be argued they have lawfully complied with requirements. Had only 82 been mentioned then I would say you would have been in.
DVD
>> Edited by Dwight VanDriver on Monday 12th January 08:55
I have sent you details of the Court Report which should explain more.
I note that it appears that you have seen the Order in question which is two fold. A downgrade to 30 and a 50 limit elsewhere.
The preamble explaining the power they have used does in fact mention Sect 84 (1) (2 - public consulation) in addition to Section 82 so it can therefore be argued they have lawfully complied with requirements. Had only 82 been mentioned then I would say you would have been in.
DVD
>> Edited by Dwight VanDriver on Monday 12th January 08:55
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