What are the legal implications?
What are the legal implications?
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Discussion

Martin4x4

Original Poster:

6,506 posts

163 months

Sunday 5th October 2014
quotequote all

Can a speeding tickets be enforced when signage is wrong?

" Drivers who were fooled into speeding after 40mph signs mysteriously appeared on a 30mph road have claimed they should not be fined for their mistakes."

http://www.telegraph.co.uk/news/uknews/road-and-ra...

aw51 121565

4,773 posts

264 months

Sunday 5th October 2014
quotequote all
I can't cite it, but on arrival at the site the speed enforcement people are supposed to make sure that all relevant signage is in place for the limit they are about to enforce...

From my reading of the link, they didn't do this?

Pablo68

910 posts

166 months

Sunday 5th October 2014
quotequote all
That's one of the consequences of teaching people to unthinkingly drive to a number on a lollipop stick and not consider the the actual conditions and form an opinion based on experience and intellect on what a genuinely safe speed for the circumstances is.

don'tbesilly

15,362 posts

194 months

Sunday 5th October 2014
quotequote all
Pablo68 said:
That's one of the consequences of teaching people to unthinkingly drive to a number on a lollipop stick and not consider the the actual conditions and form an opinion based on experience and intellect on what a genuinely safe speed for the circumstances is.
So if the speed limit is 30mph and I genuinely believe that driving at 40mph is safe, will you defend me in court when I get caught for speeding?


R0G

5,036 posts

186 months

Sunday 5th October 2014
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The top of greengate lane in birstall leics was a NSL with 30s each end but then the NSL and 30 signs were removed making it all a 30

It was a daft short NSL in the first place though

Speed limits can change at any time so its up to the driver to notice when they have

Why should a local who was used to one limit be treated any different to a visitor who takes the limit as it is?

TooMany2cvs

29,008 posts

157 months

Sunday 5th October 2014
quotequote all
don'tbesilly said:
Pablo68 said:
That's one of the consequences of teaching people to unthinkingly drive to a number on a lollipop stick and not consider the the actual conditions and form an opinion based on experience and intellect on what a genuinely safe speed for the circumstances is.
So if the speed limit is 30mph and I genuinely believe that driving at 40mph is safe, will you defend me in court when I get caught for speeding?
Depends if you've been charged with careless or dangerous driving, or "only" with exceeding the speed limit.

If the latter, then claiming your driving was safe is irrelevant, since nobody's said otherwise. They've merely said that one number is bigger than another number.

Pebbles167

4,599 posts

183 months

Sunday 5th October 2014
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If you are in a new area, you will obey the signs right? Sure, you'll make an educated guess but you will obey what you see.

If there is evidence that the signage in the street was tampered with the police should be making exceptions for these drivers caught. No I dont know how or what that entails but I'd be fking fuming if this was me being caught.

Its all very well arguing "it was obvious it was a 30! LOL" but the fact is that often the conditions of the road are fine for much higher speeds, and the sign was the only indication of the actual limit.

Martin4x4

Original Poster:

6,506 posts

163 months

Monday 6th October 2014
quotequote all

I don't buy the 'prankster' explanation. I think the most likely explaination is a cockup, with some contractor putting them in the wrong place; and an outside chance that somebody caught has tried it on.


IainT

10,040 posts

269 months

Monday 6th October 2014
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Ringway Road by Manchester airport currently has 40 signs on lamp posts and temporary (A-frame) 30 signs... traffic seems to be fairly random about which it obeys but I'd think the 30 unenforceable. Still didn't stop me doing 30 as I wasn't in a rush last time I was heading along there.

You'd think they'd cover up the 40 signs if not applicable...

DervHead

1,247 posts

157 months

Monday 6th October 2014
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I agree with the idea it's probably a contractor's mistake, and those 'caught' should be let off. Isn't the offence only complete by definition when one ignores the posted limit? If that posted limit was changed, by whatever means, surely there's no offence to answer?

There's a stretch similar to this near us. You turn off the arterial A road onto a 40 limit DC, which quickly terminates in a roundabout. Taking the forward exit it used to be a NSL (60) single carriageway all the way. After recent roadworks, the signage was changed to read 50, and a little further down the road drops to a 40. Then you turn left onto a little access road to arrive at the council recycling centre.

However (and this is the kicker), when you're driving back the other way the little access road junction (meeting the supposedly now 40mph stretch) still has the original NSL signs. As you turn right to go back home there are several repeaters varying between 40, 50 and NSL and finally you get back to the roundabout onto the 40mph DC and the arterial A road (which is properly signed).

Effectively on your way back you are entering a legally signed single carriageway NSL road (two large NSL signs, one each side of the carriageway as per TSRGD). The limit is therefore legally 60 but the repeaters vary until you get back onto the next road. In effect the signage has led to a road which is 40mph in one direction (with proper signage) but is NSL going the other way. The day they put a camera van on that stretch there's going to be some interesting discussions!

I thought I'd just happened to catch the contractors mid-changes the first time I went that way, but it's been like that for a few months now. Crazy.