Test Case

[john75]

This is one for the Lawyers and those who like making Lawyers rich.

From the Eastern Daily Press today

Fakenham, Norfolk based Law Firm Malletts have brought a case to court stating that under Section 82 of the 1984 Road Traffic Act the Department of Transport does not have the right to issue Speeding tickets under this part of the Act when it should be under Section 84 instead.

www.edp24.co.uk

[streaky]

john75 said:

This is one for the Lawyers and those who like making Lawyers rich. From the Eastern Daily Press today Fakenham, Norfolk based Law Firm Malletts have brought a case to court stating that under Section 82 of the 1984 Road Traffic Act the Department of Transport does not have the right to issue Speeding tickets under this part of the Act when it should be under Section 84 instead. www.edp24.co.uk

Er, where?

[puggit]

They moved it - luckily I'd visited earlier

www.edp24.co.uk/content/News/story.asp?datetime=16+Dec+2003+06:40&tbrand=EDPOnline&tCategory=NEWS&category=News&brand=EDPOnline&itemid=NOED15+Dec+2003+16:40:24:523

[Dwight VanDriver]

Typical Press they cannot even get the legislation correct.

The crux is Section 81 Road Traffic Regulation Act 1984
creates the offence of exceeding 30 on a restricted road.

Section 82 defines restricted road if there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart.

So if street lighting present as above its 30 no argument unless there are de=restriction signs at intervals.

For a 30 to apply on roads without street lighing then Council have to make an Order under Section 84 Road Traffic Regulation Act, 1984.

It is plainly mentioned in the Act so how the mistake could be made defeats me.

DVD

[streaky]

Is this not the same as this?

[puggit]

streaky said:

Is this not the same as this?

Yes as far as the law goes I think - but a different case (Norwich/Worcester)

[nonegreen]

Do they have cars in Norfolk yet?