Speeding ticket - advice please

Chippy_Minton_2

Pew_Pew_Pew_Lasers! wrote: »

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.

How can you honestly say it's appropiate to exceed the speed limit?

SailorSam

pepipoo Roadside Radar - UK Motoring Law

Have a read of that, see is there any advice to help you.

jamespond_2

Pew_Pew_Pew_Lasers! wrote: »

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.

he broke the law, so should stop crying about it.

tomstickland

Chippy_Minton wrote: »

How can you honestly say it's appropiate to exceed the speed limit?

When exiting a 30 limit and a few metres from the limit sign and there's a clear road ahead.

Rolandtheroadie

DaveF327 wrote: »

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:
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!

85.
Traffic signs for indicating speed restrictions.
— (1) For the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road, it shall be the duty of the Secretary of State, /SIZE][/FONT][URL="http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=2223862#1356017"][SIZE=3][COLOR=#000000]F338[/COLOR][/SIZE][/URL][COLOR=#0000ff]in the case of a road for which he is the traffic authority, to[/COLOR][FONT=Times][SIZE=4 erect and maintain F339 . . . traffic signs in such positions as may be requisite for that purpose.

(2) [F340In the case of any other road, it is the duty of the local traffic authority—]
(a)
to erect and maintain F339 . . . traffic signs in such positions as may be requisite in order to give effect to general or other directions given by the Secretary of State for the purpose mentioned in subsection (1) above, and

(b)
to alter or remove traffic signs as may be requisite in order to give effect to such directions, either in consequence of the making of an order by the Secretary of State or otherwise.




All that would assume there wasnt a 30 sign when you entered the 30 zone by the looks of it (would a sign technically be needed as the street lights and no sign would indicate 30 anyway?)
What was the last speed sign you seen before you spotted the national speed limit sign?

Pew_Pew_Pew_Lasers!

Chippy_Minton wrote: »

How can you honestly say it's appropiate to exceed the speed limit?

Like I just did. Its easy.

Pew_Pew_Pew_Lasers!

jamespond wrote: »

he broke the law, so should stop crying about it.

You have no real idea what you're talking about.

goldspanners

jamespond wrote: »

he broke the law, so should stop crying about it.

did you just buy an M5 to keep within the speed limit?

jamespond_2

goldspanners wrote: »

did you just buy an M5 to keep within the speed limit?

yes i did. I take it to Silverstone on open track days to give its legs a proper stretch

jb66

goldspanners wrote: »

did you just buy an M5 to keep within the speed limit?

TOOL :rolleyes: