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Jo C.
Jo C., Barrister
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I just received an NIP, it mentions Section 2 (c) of thh 70MPH, 60MPH, 50MPH (Temporary Sp

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I just received an NIP, it mentions Section 2 (c) of thh 70MPH, 60MPH, 50MPH (Temporary Speed Limit) Order 1977, Section 89(1) of the Road Traffic Regulation Act 1984 and Schedule 2 to the Road Traffic Offenders act 1988. I was doing 79mph, and this is my first offence in 6 years driving.
Does this mean I was speeding in 50MPH stretch? I don't remember seeing any temporary signs, roadwordks, or notice of speed cameras?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No. It just means that there was a temporary variation and you were exceeding it. The legislation they have quoted is just the order that allows them to vary the limit.
However, even if national speed limits applied you were still speeding if you were doing 79mph I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I understand this, but from research I have done, I have seen that there is a 10% + 2 "law" that is often quoted, so prosecution is not often done unless you exceed that limit, under that limit and it is likely to be at least a conditional offer rather than a ban?
Expert:  Jo C. replied 1 year ago.
Don't take any notice of half the stuff online. There is a huge repository of nonsense.
They can prosecute you for being even 1 mph an hour over the limit. They don't do it to allow for inaccuracies with the camera. It is nothing to do with the complete myth of 10% and 2mph.
They would very definitely prosecute you for being 79 mph in a 70 mph zone.
Although since they are quoting that statutory instrument that would suggest there has been a variation of the national speed limit.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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