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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I passed my test in 1957 and had never got a speeding fine

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I passed my test in 1957 and had never got a speeding fine until last year when I got three in a two week period. This was by means of entrapment.I was driving from Woodford Green to Dalston E8 and passed an area where there were hedges on both sides of the road and a footpath and woodland behind the hedges and street lights. It was 2am and I was doing about 42 mph. There were no 30mph signs on this road and no road markings to state that this was a restricted area. I feel that I am a victim and have got 9 points on my licence by entraptment. I had a clean licence for 55 years and I had no reason to think this was a restricted area. Can I have these points removed from my licence? Wm A Smyth
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
We're there street lights on the road in question?
Customer: replied 2 years ago.

yes. TThere were street lights on this road. There are also lighting on motorways, towns,villages etc. but they do not hide the fact that there are speed limits in these cases. Why this sneaked underhand method off ripping off the motorist and in mycase a disabled pensioner? This nothing short of entrapment . WHY ARE THERE NO NORMAL SPEED LIMIT SIGNS?

Expert:  Jo C. replied 2 years ago.
Because this is a 30 mph zone. Therefore there is no need for signing other than street lighting. This is set down at S82[1][a] here
http://www.legislation.gov.uk/ukpga/1984/27/section/82
and repeated several times in the Highway Code.
All that is a complete myth I’m afraid.
There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.
The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.
What they cannot do in law is obscure the speed limit signs in any way. Then the motorist would have a challenge. 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.
Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.
Hope this helps.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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