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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice
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Can someone be fined for speeding at 30mph where only 20mph

Resolved Question:

can someone be fined for speeding at 30mph where only 20mph road painted roundels are present but without any initial 20mph terminal signage indicating you are entering a 20 mph area?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What do you mean by roundels?

Do you mean smaller signs?

Customer: replied 1 year ago.
20 with a circle around it , painted on the road surface
Expert:  Jo C. replied 1 year ago.

do they accept there are no signs on entry?

Customer: replied 1 year ago.
have been a bit preemptive asking this question but having traveled this section of the road often, I have never seen a standing metal sign indicating a 20mph speed limit
Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

It depends whether you are willing to risk costs.

You could argue this. The law is that 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.

However, 'adequate guidance' has been defined by the caselaw and it is not particularly defence friendly. If the painting on the ground was clear and unambiguous then you would be taking a risk by fighting this.

It is ultimately right to say though that only costs is being risked. If you are happy with that then you could fight this. The number of points you receive you would not increase as a result of a trial which was decided against you.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
thank you - that's very clear. Just one other thing - the nip handed to me by the pc's had my surname and middle name spelt incorrectly despite me spelling it out to them clearly - I only noticed this when i looked over the form on my return home - can I challenge them on that
Expert:  Jo C. replied 1 year ago.

Not really.

There is case law on what makes these things defective and it literally has to be such that you couldn't understand it was for you.

There is no real doubt that it was.

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