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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Hi, unfortunately I have been caught speeding. I was apparently

Customer Question

Hi, unfortunately I have been caught speeding. I was apparently doing 50 in a 30 zone but the road signs leading into the 30zone were badly maintained-one of them is partially covered in algae and both of them were surrounded by tree foliage. Where do I stand legally about how the speeding fine can still be endorsed even though the government recommend that the road signs must be maintained? Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Were there street lamps at a regular pattern?

Customer: replied 2 years ago.

I can't remember at this moment but it is a back road surrounded by trees and fields.

Customer: replied 2 years ago.

Hi. I've just google mapped it and it seems as though are some street lights on some parts of the road but not others

Expert:  Jo C. replied 2 years ago.
Thanks.

You need to check that. The only way to do it for certain is to revist the location. You also need to take photographs of the road signing covered by foliage before they cut it back.

There are only three automatic speed limits in the UK. The first is 30 mph in a restricted zone signed by street lights, the second is 60 mph in a single carriageway without street lights and the third is 70 mph on a motorway. If they want to vary those limits then they need authority from the Department of Transport and they need to erect signs that amount to ‘adequate guidance’ under S85 Road Traffic Act.

A restricted road is covered by this legislation

http://www.legislation.gov.uk/ukpga/1984/27/section/81

and the limit is 30 mph

A 30 mph zone is indicated by pattern of street lighting no less than 200 yards apart here

http://www.legislation.gov.uk/ukpga/1984/27/part/VI

There should be a sign upon entry under the TSRGD but that is only secondary legislation although a court probably would take notice of it.

If there are signs then they should be visible and over growing foliage would offend.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

I already have taken lots of photographs and the trees had been cut back approximately 10 days later.

Expert:  Jo C. replied 2 years ago.
That will be down to the local council rather than the police so its not as conspiratoral as it looks but its still important to gather the evidence so you can prove it in court.
Customer: replied 2 years ago.

I have taken lots of photographs before and after, do I need to send these with my plea before my court date?

Expert:  Jo C. replied 2 years ago.
No.

Just produce it in court if you are pleading not guilty on the basis of inadequate signing.

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