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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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Alleged offence of driving at 67 mph in 40 mph limit, this

Resolved Question:

Alleged offence of driving at 67 mph in 40 mph limit, this occurred at night on A915, single carriage way, in Leven, Fife going from 30 mph limit in built up area with street lights to 40 mph in country side with no street lights. The signs showing 40 mph were not illuminated on either side and they were within 50 metres of street light, should they have been illuminated ?
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.
Normally street light signs are illuminated by the headlamps of vehicles?
Customer: replied 2 years ago.

Does the 40 mph limit sign have to be positively lit either by internal or external means

Customer: replied 2 years ago.

Hi Jo, what information do you require /

Expert:  Jo C. replied 2 years ago.
No.
They just have to erect signs that are clear and prominent such as to amount to ‘adequate guidance’ under S85 Road Traffic Act.
They never had to illuminate them. Even under the old law where it was generally thought that they had to comply exactly with the requirements there was never a requirement to do any more than place upon them a surface that illuminates when struck by headlights.
The absence of street lighting would only be an issue if they were trying to argue that this was a 30 mph zone indicated by street lighting.
Sorry if that is bad news but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

What about Traffic Signs Regulations and General Directions 2002 schedule 17 Par. 2 which says that signs must be positively lit within 50 metres of street light ?

Expert:  Jo C. replied 2 years ago.
The case of Peake has considered that type of thing and effectively said that it matters not.
The law only requires adequate guidance.
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