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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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My son was caught by a speed camera on the M62 just before

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My son was caught by a speed camera on the M62 just before it reaches Liverpool. He was doing 79mph but although it is a motorway the speed limit on that stretch is 50mph. He has received a summons to go to court. I was in the car with him at the time we had driven all the way from Bath passing numerous roadworks that had reduced speed limits of 50mph. We did not break any of these limits and I really can't recall seeing the signage saying that there was a 50mph limit on this final stretch of motorway. Is there anything we can do to try and mitigate the likely penalty. I understand this could be as harsh as 6 points, a fine and a possible ban.
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.
It is a defence to say that the signing was inadequate.
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.
You should be aware though that the test is fairly high. The case of Peake effectively says that the guidance only has to be sufficient to alert the reasonably observant motorist to the existence of the speed. It used to be thought that perfection was demanded and any lapse was sufficient to allow the speeding motorist to escape but the case of Peake has brought an end to that.
Can I clarify anything for you?
Jo
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