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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 782
Experience:  I am a solicitor with particular expertise in road traffic law.
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What does Average Speed mean ? Is it the speed of ONE vehicle

Resolved Question:

What does Average Speed mean ?
Is it the speed of ONE vehicle through a measured distance?
Is it the average speed of the total traffic flow through a measured distance?
Are temporary average speed restrictions legal?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

If you are talking about average speed limits then we are talking about the average speed of one vehicle through a measured distance.

LondonlawyerJ :

Temporary average speed limits certainly can be legal. The are typically used at eg motorway roadworks.

Customer: How does one know what the measured distance is in roadworks on a motorway ? This happened on the M1 southbound in South Yorkshire where the speed is restricted to 50mph through roadworks. The notice of intended prosecution states My vehicle was detected doing 61mph M1 southbound jct 31 to Woodall services Rotherham. Supported by either photographic or video evidence.
Customer: As my speed was below the national speed limit, but according to the police over the temporary 50mph limit, where do I stand with respect to prosecution/penalties/fines etc? I have been driving for 40 years and never been caught by a speed camera before.
LondonlawyerJ :

So the NIP states you have been caught driving at 61 MPH in a temporary 50 limit. Is this your average or have you been cuught by a specific camera doing this specific speed. Do you have any point son your licence?

LondonlawyerJ :

As far as temporary speed limits are concerned an application must be made to the local authority who will grant approval for a specific time and place. There must also be adequate signage to notify of the change.

LondonlawyerJ :

In terms of sentence for doing 61 in a 50 mph zone you are looking at a small fine and 3 points.

Customer: replied 2 years ago.

Thank you for your secondaary replies which I found interesting.

I have no points on my licence and have never been found speeding before by any fixed or mobile speed cameras - been driving for 40+years.

I need to check on the average, or specific, question you raise as I am unsure.

Is this something that I should 'roll over' on, or would it be economical to contest..an winnable ?!

Expert:  LondonlawyerJ replied 2 years ago.
I can't really say if it is winnable or not. In order to see if it is winnable will take quite a lot of work looking for a technical defence (ie is the machine operated correctly. has it been maintained correctly, is it being lawfully used etc.) and to be honest technical defences like this very often fail. It would be expensive if you instructed lawyer to do it for you. 3 points will put up our insurance premium but you will not be banned unless you get another 9 points.
Customer: replied 2 years ago.
I've heard people being offered a speed awareness course instead of points. Is that a possibility here?
Expert:  LondonlawyerJ replied 2 years ago.
I am busy this morning but will answer later today.
Expert:  LondonlawyerJ replied 2 years ago.
Have you been offered the course?
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 782
Experience: I am a solicitor with particular expertise in road traffic law.
LondonlawyerJ and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Not yet - just received the notice to prosecute.

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