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my partner got a speeding ticket 39mph in 30 zone
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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?0
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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...0
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(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
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.0 -
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!0 -
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 codeSpeed 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.0 -
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!0 -
(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?0 -
FlameCloud wrote: »Surely if a tree has grown over the sign then it has to have been changed for quite a period of time?
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.0 -
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.
IANAL0 -
OP hasn't said what country they're in, there's different laws regarding speed limits and signage in Scotland0
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