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Jo C.
Jo C., Barrister
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PLEASE CAN YOU TELL ME WHAT LAW COVERS THE RESPOSIBILITY OF

Customer Question

PLEASE CAN YOU TELL ME WHAT LAW COVERS THE RESPOSIBILITY OF LOCAL AUTHORTIES TO PROVIDE ADEQUETE ROAD SAFETY (SPEED LIMITS) SIGNS IN A 30MPH AREA?
THANKS
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.
S85 Road Traffic Act demands that they provide 'adequate guidance'.
However, they do not have to provide signs. If this is a 30 mph zone then they just have a duty to sign that by street lighting no less than 200 metres apart. This is a restricted road under the RTA and so signed by street lighting.
In the absence of street lighting though they need to provide signs.
Generally speaking 30 mph zones are signed by lighting.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70117
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

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.

Lord XXX

Expert:  Jo C. replied 2 years ago.
There is. I have covered it above. It is governed by street lighting and s85.
There is no need to erect signs if there is a pattern of street lighting.
Customer: replied 2 years ago.

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.

Lord XXXX

Expert:  Jo C. replied 2 years ago.
Thanks.
I see you have left a negative rating so I will opt out.
Customer: replied 2 years ago.

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?

LordXXX

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Thank you.

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.

Lord XXX

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  JGM replied 2 years ago.
Thank you for your question.
I have read your exchange with my barrister colleague and I have to say that she is entirely correct in her responses to you. It is, therefore, regrettable that you appear to have adopted a stance of criticising her where it is apparent that what you are actually seeking to do is critiicising the existing law. Experts on this site are experts in the law as it is, not as it should be or as some would like it to be.
Please note the following, and it may help you were you to read the Highway Code for corroboration. The Highway Code is available online or at all good newsagents. As my colleague told you, streetlights are an immediate marker as a 30mph area. I am concerned that you don't know this if you are a driver yourself.
What the law demands, therefore is that if a streetlit area is to have a higher speed limit than 40mph that has to be indicated as such. An area which has streetlights does NOT have to be specifically signposted as a 30mph area. Every competent driver knows that and your rudeness to my colleague is entirely unwarranted. So if a streetlit area is 40mph, 50mph etc it has to be signposted as such. If it is to be 30mph IT DOES NOT NEED SIGNS. That's why the police can book drivers in the manner that you have so eloquently described.
If you and others think that the road would be made safer by actually having 30mph signs, and that is understandable, what you have to do is lobby your local councillor or MP. It isn't the existing law that is wrong here!
Can I help you further with this or is my answer quite clear.
Customer: replied 2 years ago.

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.

Lord XXX

Expert:  JGM replied 2 years ago.
You have failed to understand any of this I'm afraid. I'm opting out.
Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

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.

LordXXX

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