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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69544
Experience:  Over 5 years in practice.
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Received a notice of intended prosecution,excess speed through roadworks on A38 (Dry Bridg

Resolved Question:

Received a notice of intended prosecution,excess speed through roadworks on A38 (Dry Bridge roadworks),40mph limit alleged to be travelling at 51mph,unmanned camera at 6.30pm all cones were removed to side of road and central reservation no work being carried out.Apparently alleged offence supported by photo evidence.
Thanks Peter
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Will I have to just accept the alleged offence and pay the fine and accept the points on my license

Expert:  Jo C. replied 2 years ago.
Were you speeding?
Customer: replied 2 years ago.

I expect so, although I didn't notice the 40mph order sign and there wasn't any lane narrowing or work being carried out and it was very dark

Expert:  Jo C. replied 2 years ago.
Thank you.
This really comes down to how much risk you want to take. It is a defence to say that their signs were inadequate. There are only three automatic speed limits in the UK. The first is 30 in a restricted zone signed by streetlights, the second is 60 in a single carriageway without streetlights and third is 70 upon a motorway or dual carriageway. 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 section 85 Road Traffic Act.
It is a defence to say that their signs were inadequate. There has been some very damaging case law on this point. It used to be thought that section 85 demanded total compliance and any imperfection allowed a speeding motorist to escape. Unfortunately the appeal of peak has reversed that. The law now is that as long as their signs are sufficient to alert the reasonably observant motorist to what he should or should not do then that is sufficient.
Sometimes signs are not adequate so it might be a gamble that pays off. Equally, sometimes they forget to summons. If that does happen then that is wonderful.
The risk you take though and you should be aware of is that they may summons and if you are convicted you will have to pay costs. For a contested trial costs would probably be between tests £200 and £400. That is in addition to the penalty.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69544
Experience: Over 5 years in practice.
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