I cannot accept that under the Road Safety legislation there isn't some guidance about notification of the speed limit of 30mph.
Motorists will not understand that the distance between lamposts is the criteria to judge the legal speed limit.
In fact it doesn't make sense does it?
This case involves a change of the speed limit from 40mph to 30mph.
The stretch of the road is outside a Retirement Village recently built and houses 285 Apartments and over 300 geriatric residents.
Drivers are oblivious of the 30mph limit and are travelling at speeds up to 60mph.
We have had the police lay a speed trap last week.
In one hour they prosecuted 20 motorist and sent 7 off for speed awareness courses.
Adequete signage would have solved all this. But no signs are in place .
If someone is injured then I intend to make someone held to account.
Surely it cannot be a defence that the motorist should have measured the distance between lamposts and then reduced his speed.
SO what are the Health & Safety Laws about this matter.
Who is responsible for Road Safety and the enforcement of the law?
AS an experienced Lawyer you must be able to predict what the courts will make of all this.
What do you mean s85?
Please let me have the full details of the actual Law and paragraphs that you are relying on.
I cannot beleive that what you have concluded would stand up in court as a defence against a Local Authority who have a duty of care here.
This situation is a serious accident waiting to happen. Someone will be held to account.
Your advice I am afraid is not helpful.
Incidenty I looked this up as you did on the internet. This is why I paid for expert advice.
How very convenient.
Would you have just walked out of court in the event that the opposition had blown your case wide open?
Also that you got paid as a loser?
I find the situation remarkable.
I have spent most of my life involved in seeking legal advice.
All that seems to have happened is the expert who originally began to answer the question had little or no expertise in this area.
However I would have thought that a QC would understand how to find the appropriate expert or avenue of information to answer my question.
Your assistance here would be most helpful
I understand that a new set of rules in the current Road Traffic Acts comes into force very soon.
This is all about clarification on the subject of Road Safety.
I need to know what legislation exists, or will exist regarding the responsibilities for signage for speed limit restrictions upon the highways of the UK.
I am amazed that you consider you have the right to challenge me over this matter.
Your insolence that I should read the Highway Code is not appreciated.
The fact that the Police have caught no less than 25 Motorists in one hour on this particular section of road because they have been oblivious of the speed limit is proof enough that Road Safety is at risk.
No one stops his vehilcle to measure the distance between the lamposts and then drives accordingly do they?
The suggestion that if there are no 40 or 50 mph signs, then in a built up area the driver should not exceed 30mph regardless and that Signs are not necessary is utter nonsense.
I am not suprised that you include a disclaimer at the end of your message.
You seem to have ignored the "Duty of Care" implications here.
In the event of a serious accident happening to the 300 geriatric residents ( of which 100 are still driving)now living in the Retirement Village here.
I will see that those responsible for ignoring their responsibilities are brought to account.
This unfortunate exchange reminds me that in the Courts of Law in the UK at each issue brought before the Judge or Jury for 50% of the time the Legal profession is proved to be wrong.
But they still get paid.
I will not be responding again.
I have absolutely no confidence in the service that you have attempted to provide/
I opt out.
To add insult to injury you ask for a Bonus Payment for this service.
In my sixty years of involvement in business as the CEO of a public company I have never heard such poppycock and nonsense.