30mph Limits Declared Illegal
Victory for the Association of British Drivers
In a landmark ruling at Redditch Magistrates Court on Tuesday, a driver was found not guilty of exceeding a 30mph speed limit because the speed limit did not legally exist.
Worcestershire County Council, the authority responsible for introducing the speed limit on the B4551 in Romsley, had used legislation intended for use only on roads with street lamps, but the road through Romsley has no lighting. The Association of British Drivers brought the test case after discovering that several councils had been misusing the legislation in this way.
In his ruling, the District Judge made it clear that Parliament had never intended the law to be interpreted in the way the county council had done. It is illegal to exceed 30mph on a 'restricted road', defined as a road with street lamps spaced not more than 200 yards apart. But the council had tried to make the B4551 a restricted road, despite the absence of street lamps, and the Judge ruled that this is not legally possible. There is an alternative legal process that the council could and should have used to set a 30mph speed limit.
The implications of this judgment are enormous. Many councils in recent years have reduced speed limits on rural roads from 40, 50 or even 60mph to 30mph, with no road safety justification. Where the roads have no street lighting and the councils have used the same procedure as Worcestershire, those 30mph limits are illegal and cannot be enforced.
The ABD's roads and traffic spokesman, Mark McArthur-Christie, said, "On many of the roads affected by this judgment, a 30mph speed limit is unreasonably low, so it is often ignored. This makes these roads prime locations for enforcement by safety camera partnerships, anxious to meet their targets for issuing speeding tickets. So there could be large numbers of drivers who have been unlawfully convicted of speeding in areas where councils have applied the law incorrectly. The police and councils should come clean, contact the drivers concerned and refund their fines and penalty points. They should not wait for drivers to contact them ."
ABD chairman, Brian Gregory, commented, "The ABD does not condone the inappropriate use of speed and did not bring this case to help drivers 'get away' with speeding. Drivers are supposed to obey the law, but so are the police and local authorities - it works both ways. Drivers should not have to suffer for the mistakes of local councils that have failed to apply the law correctly in setting speed limits ."
Link : www.abd.org.uk
trefor said:
I'm sure it will be easier to fix the legislation than all the road signs around the country ... unfortunately.
Very true, but if everyone acts quickly while the law still applies it could be a major thorn in the side of the thieving scamera ba***rds!!
Incidentally, I wonder how long it will take Big Brother to change the law to protect it's own ???
Bet new the legislation will give Schumaker a run for his money !!!
First, a restricted road is one which has streetlights on it: its restricted status confers an automatic speed limit of 30mph, with no requirement for repeater signs. Local authorities may use a specific procedure to lift this restricted status and apply a higher speed limit.
Second, they may also use another, specific procedure to re-apply the restricted status and with it the 30mph limit. This procedure is fast, simple and requires no consultation.
Third, for non-restricted roads, authorities may use a third, specific procedure to set a speed limit - for example 30mph - other than the 60mph NSL which otherwise applies by default. This procedure is slower, more cumbersome and requires consultation.
The problem is that local authorities have been using the second procedure to apply 30mph limits to roads that have never had restricted status, circumventing the requirement for consultation and resulting in limits of questionable legality.
Clear as day...
Peter Ward said:
There must be significant pressure on LAs to reduce speed limits if they're prepared to do it illegally. On roads without street lights there generally can't be many houses so it's not local residents pushing for it. Where else could the pressure be coming from? Scamera partnerships?
County Councils are Scamera partners themselves are they not, so maybe its 'good business' for them.
They bought masses of red road paint and have applied it as though Lawrence Llewellyn-Bowen has been on "Changing Roads"
The A38 from Worcester to Tewkesbury is a classic example of the stupidity of WCC: the speed limit changes umpteen times, often for no obvious reason, and down to 30mph in parts. When driving along this road, you can never remember the speed limit at the place where you are because it changes so much. Bloody ridiculous!
goodlife said:Well, the LA's deliberations should be a matter of public record. Ask them for a list of all speed limits they have imposed over the past 10 years, then ask to see the instruments that they used in each case. If you know a friendly journalist on the local rag, buy they a pint (or three) and get them to do the work for you
So how do you find out which method your LA used to restrict it's roads?
- StreakyIf the procedure hasn't been followed correctly, then you have 6 weeks, I think, from the date the Authority make the Order, to appeal to the courts to have the Order revoked. After that, I think you would be struggling to show that the Order was not competent...
If the street lights are less than 200m apart, then no order is needed, the speed limit is automatically 30 in most cases. Most built up areas have about 10 street lamps in that distance so usually it's not even close... If the street lights are more than 200 metres apart, a 30mh order is needed. No order means any speed limit is advisory only and not enforceable.
I think!
buckshee said:
As an aside here. I 've heard this as hearsay, but I understand that anywhere where there is a 30mph speed limit, the adjacent land is considered as "residential" under planning legislation and as such you might be able to benefit by obtaining planning permission for a new house in the garden, if there's sufficient room. If its true, then you might turn this to your own financial advantage.
never heard that one before...
I somehow cant see that happening, can you? 
www.tinyurl.com/hfva
The procedure for bring in an Order:
www.tinyurl.com/ovfe
DVD
On the appraoch to his road, on the main road through his estate, there were painted 20mph signs on the road. Nowhere could I spot any corresponding 20mph speed limit signs of the correct type alongside the road. This obviously stopped when you got to the "side" roads as they had the 20mph signs painted ont them on the exit.
So, a clear example of the council trying to fool people into believing a slower speed limit is in force.
Mind you if I thought in possible I would accuse them of being charitable in warning people that the damn speed humps they put in on that road will damage your car if you try it at more than 20mph. Then add the poor road surface.
In my area this is done, I've been told by someone fairly high up in a council department (assistant director, not highways tho') that they are often turned off to save the bills. Well to my mind if it is safe enough to turn them off, then it is safe enough to not warrent the limit.
This is not to mean I condone going at a speed not appropriate for the conditions, but if they use street lamps as a measure then you would think those would have to be active for the rule to be effective.
Just a thought.
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