Speeding ticket - advice please

ben_and_elly

Hi. Does anyone know if there are any "laws" relating to speed prior to a National Speed Limit sign. Reason for asking as follows:-

Received speeding notice from mobile speed van. Doing 38mph in 30mph zone.

Just driven through village in Suffolk at 30mph speed limit (and yes I was(!) much to the annoyance of the driver behind me!

Drove out of village, straight road ahead, no houses, no street lighting and national speed limit sign approx 50m ahead. To avoid p***ing other driver off, I decided it was now safe to accelerate as straight road ahead. However, this is where I have been photographed and caught.

I do not dispute the speed I was doing. The photograph clearly shows that there is another car behind me. My question is "clear road ahead, speed limit increases - is there any leeway(spelling?) or laws that might get me off this ticket?"

I know it would be easier to collect the points, but it just seems a wee bit annnoying really.

Thanks in advance

Quentin

That defence won't wash. You need to be at the speed shown on the sign as you enter a limited stretch of road, and remain within it till you pass the sign ending the limit.

And the other defence (that you sped to avoid upsetting the following driver) is a non starter.

Why not try the Beckham defence (you were worried that the car behind you was actually the paps wanting to take pictures of you)?

leighclancy

did they not offer you a day at there lovely driver awareness course. save you getting the points?

Quentin

They might do (it doesn't look as though the form's been sent back yet - once they get the form the offer of the course is made).

38mph should be just within the limit for doing the course (10% + 6) if that area does them.

jamespond_2

"excuse me mi lord, but the road was clear so i decided to break the speed limit"

:rotfl:

Hintza

My son recently failed his test for doing this and in typical Kevin and Perry mode thinks the examiner was just being "Gay" and has it in for boys. Didn't help when I said i'd have failed him too.......I became "Gay" as well.....

jamespond_2

Hintza wrote: »

My son recently failed his test for doing this and in typical Kevin and Perry mode thinks the examiner was just being "Gay" and has it in for boys. Didn't help when I said i'd have failed him too.......I became "Gay" as well.....

:rotfl::rotfl:

Good2go_2

i know where your coming from, but bottom line , im afraid, is you were speeding !

DaveF327

ben_and_elly wrote: »

Hi. Does anyone know if there are any "laws" relating to speed prior to a National Speed Limit sign.

Yes. The Road Traffic Regulation Act 1984 defines speed limits in England and Wales and enacts the following:

Section 81 states that "It shall not be lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding 30 miles per hour."

Section 82 defines what roads are "restricted roads" are. A restricted road in England is one where "there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart". A council may make an order (a traffic regulation order) that a road previously a restricted road shall no longer be one (and vice versa).

Section 85 proves quite interesting. It lays down a solid defence in law, as well as soundly removing a defence attempted by many careless drivers. It says:
"(4) Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road, but a limit of speed is to be observed on the road, a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit unless the limit is indicated by means of such traffic signs as are mentioned in subsection (1) or subsection (2) above.
(5) In any proceedings for a contravention of section 81 of this Act, where the proceedings relate to driving on a road provided with such a system of street or carriageway lighting, evidence of the absence of traffic signs displayed in pursuance of this section to indicate that the road is not a restricted road for the purposes of that section shall be evidence that the road is a restricted road for those purposes."

So in other words, if the road has lighting but intended to be 40, 50 or national speed limit, but the signs are missing, then you must stick to 30 and no excuses will be accepted. However, this works both ways and if the road is meant to be a 30, but has no lighting (then this is the only occasion you would normally see 30 repeater signs) and the signs are missing, then you can safely assume national speed limit and you have a cast iron defence for exceeding 30 in this case.

Now let's look again at your statement:

Drove out of village, straight road ahead, no houses, no street lighting and national speed limit sign approx 50m ahead. To avoid p***ing other driver off, I decided it was now safe to accelerate as straight road ahead. However, this is where I have been photographed and caught.

You have to go out and do some measuring here. How far apart are any street lights in that area? Exactly where do the street lights end? If they have ended significantly more than 200 yards (185 metres) before the national speed limit sign, then you have your defence under section 85(4) but you be absolutely sure about this before proceeding. Get a solicitor and ask him to help you measure out the road in question and gather evidence.

Good luck!

staffie1

ben_and_elly wrote: »

The photograph clearly shows that there is another car behind me.

Did they send you the photograph with the notice?

Pew_Pew_Pew_Lasers!

jamespond wrote: »

"excuse me mi lord, but the road was clear so i decided to break the speed limit"

:rotfl:

Its all very well laughing but I'm betting that the OP was driving safely and appropriately for the conditions, and is now looking at 3 points and a fine for doing nothing other than exceed an arbitrary limit for a few seconds.

Its pathetic.