Variable Speed Limit - 38mph in 20mph on the 70mph M1 Motorway

ezio1

Hi all,

I have had a clean license for 15+ years, I was recently driving a van on the M1 motorway and the variable speed limit went from 70 to 40, then 20 (within 2-3 miles). It was night time and the road was clear, 2 cars behind me also got flashed.. Having to reduce the speed from 70 to 20 on a clear motorway at night seems very unreasonable.

I was wondering if I have any grounds to appeal this? If not, what would the punishment be? points, if so, how much? or will i be offered a course since its my first offence?

Thank you all in advance.

TadleyBaggie

You can't appeal anything until after you have been convicted of an offence. That speed/limit is way too fast for course/fixed penalty, it will be going to court I suspect. A short ban is probably the most likely result at almost double the speed. The sentancing guidelines make it a Band B fine AND either a 7-28 day ban OR 4-6 points.

Just because you think the limit was "unreasonable" doesn't mean you can ignore it and would provide no defence.

neilmcl

I don't see you have any grounds to appeal, but in any case you'd have to take it to court to do so. I think you'd be unlucky if you don't receive an offer of a course else it would be 3 points and £100 fine.

As far as it being unreasonable, for all you know at that time of night they may have reduced the speed in preparation for a services team to go out and do some work.

Brie

Just because it was late at night and there were few cars about doesn't necessarily mean that the road was safe to drive on above 20 mph.  If you listen to the traffic news you will hear regular warnings about roads being closed due to animals on them.  Believe me you do not want to hit a horse or similar size animal at 70 mph or even 38 mph.  It's a good way to kill both you and the animal.  

TadleyBaggie

neilmcl said:

I don't see you have any grounds to appeal, but in any case you'd have to take it to court to do so. I think you'd be unlucky if you don't receive an offer of a course else it would be 3 points and £100 fine.

According to most sources, any speed over 35 in a 20 is going to court.

Grumpy_chap

The OP could ask on Pepipoo?

lemondrops69

I agree its a good chance of going to court. Definitely not a course or 3pts and £100, its a band B fine  probably disqualify 7 – 28 days OR  4 – 6 points and a big fine. As for first offence it doesnt come into it

21-30 fixed penalty 
31-40 Band B
41 plus Band A

38 is a long way off from a fixed penalty.

AdrianC

Not a hope of a course.
Probably about 3mph too high for a fixed penalty.

So... court.

"I didn't see a reason why" is not a defence. For all you know, there was debris being cleared from the carriageway ahead, and the reduced limit was to give workers an effective rolling roadblock. If the gantries say 20, you do 20... or you risk a photo.

Right now, you reply to that sharpish saying "Yup, it was me." then sit back and wait.

As and when it comes to court, your best hope for a minimal penalty is "I'm very, very, very sorry and promise not to do it again."

ezio1

Thank you for your input everyone, I genuinely appreciate it. It seems that there isnt a hard and fast rule to what I may be offered.. While I appreciate the term 'unreasonable' is surely a matter of opinion and doesn't really have a basis in a defence, it would be interesting to see if others have got stung in a similar fashion and what the outcome was.

Depending on the punishment - I am happy to build a defence and take it to court if needed (although would rather just take the repercussions and avoid this). I will look into the Pepipoo thing aswell.

Thank you all

lemondrops69

Not being sarcastic but what denfence do you really think you have? Late at night, empty road or first offence? Even all 3 wont make any difference. As above better to go to court and grovel to try and minimize the impact imo

TadleyBaggie

Taking it to court and pleading not guilty (and then losing) will add around £600 in costs to the final bill.