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my partner got a speeding ticket 39mph in 30 zone

Deals_2
Deals_2 Posts: 2,410 Forumite
(he thought it was still a 40 zone as they have changed it and a tree has overgrown over the sign on one side). anyway i cannot find his paper licence do i need to reorder one to send off to them or do they do this any other way...? thanks
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Comments

  • tricky. when you say paper licence, do you mean the old style pink sort (which you can't get anymore at all iirc) or the paper counterpart to the photocard licence?
  • plus i would find out how long ago they changed the limit, and take a photo of the obscured sign.. if the limit was changed very recently and the sign badly obscured, you may be able to get away with it... happened near here.. three people got let off cos the limit had been changed for a week, but the council hadn't changed all the signs...
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Deals wrote: »
    (he thought it was still a 40 zone as they have changed it and a tree has overgrown over the sign on one side). anyway i cannot find his paper licence do i need to reorder one to send off to them or do they do this any other way...? thanks
    Before handing over his cash and one quarter of his driving licence, it would be worth having a trawl through the forums on www.pepipoo.com, there have been a number of cases where illegal signage has resulted in cases being dismissed when challenged in Court.

    The local authority are responsible for maintaining traffic signs, which includes making sure they are not obscured by overhanging vegetation. If they failed to do so, they are breaking the law, and the police should not be prosecuting people in such circumstances.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • ceebeeby
    ceebeeby Posts: 4,357 Forumite
    Part of the Furniture
    You need the whole licence if it's a two part one.

    I think it's got something to do with how far apart the lamp-posts are????? If they're only 100m apart, then it's a 30 zone, and they don't need to display a sign?? I'm sure someone (police, speeder) will come along soon and give the technical phrase for this, and say if this is right or cobblers!
  • anewman
    anewman Posts: 9,200 Forumite
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    ceebeeby wrote: »
    I think it's got something to do with how far apart the lamp-posts are????? If they're only 100m apart, then it's a 30 zone, and they don't need to display a sign?? I'm sure someone (police, speeder) will come along soon and give the technical phrase for this, and say if this is right or cobblers!

    According to highway code
    Speed limits

    124

    You MUST NOT exceed the maximum speed limits for the road and for your vehicle (see the table above). The presence of street lights generally means that there is a 30 mph (48 km/h) speed limit unless otherwise specified.
  • molerat
    molerat Posts: 34,855 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ceebeeby wrote: »
    You need the whole licence if it's a two part one.

    I think it's got something to do with how far apart the lamp-posts are????? If they're only 100m apart, then it's a 30 zone, and they don't need to display a sign?? I'm sure someone (police, speeder) will come along soon and give the technical phrase for this, and say if this is right or cobblers!
    The small repeater signs do not need to be present but the entrance to the limit must still be signed. As anewman's quote above shows, the absence of repeater signs means it is generally a 30 zone.
  • FlameCloud
    FlameCloud Posts: 1,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Deals wrote: »
    (he thought it was still a 40 zone as they have changed it and a tree has overgrown over the sign on one side). anyway i cannot find his paper licence do i need to reorder one to send off to them or do they do this any other way...? thanks

    Surely if a tree has grown over the sign then it has to have been changed for quite a period of time?
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    FlameCloud wrote: »
    Surely if a tree has grown over the sign then it has to have been changed for quite a period of time?
    That makes no difference to the Council's legal duty to maintain the sign as per regulations. Also, drivers may well be from out of the area, which is why speed limits need to be clearly signposted.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Wig
    Wig Posts: 14,139 Forumite
    Photograph that tree today.

    You also need to look for the presence of streetlight/lamposts. If there are streetlights not more than 200yds apart then the obscured sign is irrelevant. The road is automatically a 30mph.

    If there are no streetlights or they are more than 200yds apart, then the obscured sign may well make the ticket unenforceable.

    IANAL
  • scbk
    scbk Posts: 1,216 Forumite
    1,000 Posts Combo Breaker
    OP hasn't said what country they're in, there's different laws regarding speed limits and signage in Scotland
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