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Jo C.
Jo C., Barrister
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I was caught doing 60 on the M25 by one of the new cameras

Resolved Question:

I was caught doing 60 on the M25 by one of the new cameras when the limit had been reduced on the matrix signs to 50. There are no indicators on this section of motorway to say that they are variable speed cameras. Do I have a case to appeal the fine and points.
Pete
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Were there signs to indicate it had been reduced to 50 ?
Customer: replied 1 year ago.
The matrix signs overhead said the speed limit had been reduced to 50, but there was no warning anywhere to say that the speed cameras were variable ones. If I had known they were variable I would have been more aware of the speed I was reducing to. I feel it is underhand of Essex Police not to make drivers aware that they are variable speed cameras. Other sections of the M25 do point out that they are variable, but there was nothing from where I joined the M25 from the M11 to where I was caught. Could this possibly be considered an unfair prosecution, or a loophole?
Expert:  Jo C. replied 1 year ago.
No.
It is neither. I am sorry.
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. There are street lights here and so the presumptions exist.
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.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
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