Back to Redditch magistrates......
Back to Redditch magistrates......
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Flat in Fifth

Original Poster:

47,982 posts

274 months

Thursday 21st October 2004
quotequote all
The ruling subject of this Pistonheads news story has just been overturned by the High Court.

Basically they have decided that the speed limit in force through Romsley was put in place legally and have sent the case back to Redditch magistrates for reconsideration.

Before anyone starts the defendant was charged with 41 in a 30 outside school premises.

Can't find a link to any up to date news info yet.

Remember you heard it here first.....

FiF

roadsweeper

3,789 posts

297 months

Thursday 21st October 2004
quotequote all
Flat in Fifth said:
Before anyone starts the defendant was charged with 41 in a 30 outside school premises.

It sounds like the tool deserves punishment, but that isn't really the point. If the original ruling has been overturned because of its implications rather than it's legality (as may well be the case) then that is a blow to the rule of law, regardless of the particular law in question.

Dwight VanDriver

6,583 posts

267 months

Friday 22nd October 2004
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More confirmation to some of my notes Fif, thanks.

All to do with Section 82 RTRA 84 in the application of Order for restricted road, off to raise limit and new Order, or higher - limit off and new order to go back to restricted road.

Problem is how does Joe Public know if the LA have done it in accordance with the Law?. What I hear what you state was common practice in the late 8O's and that LA's are aware of the ruling.

That premier Country you admire has just initiated a complete survey on Speed limit Orders AND signing so that if you are caught travelling through then you can be satisfied it was bang to rights. Not that you,as an A.D.,would ever be caught with high needle?

DVD

paolow

3,261 posts

281 months

Friday 22nd October 2004
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what time of the day was he caught? and by what means?

Peter Ward

2,097 posts

279 months

Friday 22nd October 2004
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From the original description it seemed pretty clear -- the council had used the wrong law. Now the High Court says it's ok to use the wrong law. When do we get the HC's explanation of the judgement?

Flat in Fifth

Original Poster:

47,982 posts

274 months

Friday 22nd October 2004
quotequote all
This was one of the top items on the local news on Thursday. Got network out for more info. But at the moment I don't have any more info.

As far as I know about the case, the method of detection was the Speedmaster DS3 Autovision.

The site is here. No longer a mobile site as an electronic flashing sign is now in place, and far far more effective at slowing people down.

The map doesn't show it but the site is an absolute git to keep down to 30, when approached from the South. You approach through openish country, down a short and moderately steep incline, e.g. to give you some idea 2nd gear on my Mondeo almost holds the speed back to 30 but not quite.

Just as you enter the slight RH bend shown, before the first of the two junctions, there you are.. zapped. I've certainly been targeted here several times, but always always <30. If you are in say 3rd gear you definitely have to brake moderately to keep the speed down.

The school is just beyond the PH, no idea as to time, but everytime I've seen them operating there it has been around 08:10-08:30, though know they did operate at other times.

Will update as and when get more information.

However in my personal opinion I have no doubt that the incorrect legislation was used, and as for the procedural incompetence when they extended the original 30 a short way southwards from Romsley and northwards towards the County boundary, well words fail me. I wait to read the High Court judgement with extreme interest.

FiF

edited to say I don't know why that link keeps bringing up the map with the wrong scale, I'll try and fix it later, just click on the 3rd from left bar on the zoom scale. Sorry folks.

OK try [url]this link|www.multimap.com/map/browse.cgi?lat=52.409&lon=-2.0602&scale=25000&icon=x[/url] Look for PH on the B4551 just south of Romsley name. On the other side of road from the boozer, plus or minus a bit.

>> Edited by Flat in Fifth on Friday 22 October 19:18