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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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Speeding camera was on pavement in amongst trees across the

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Speeding camera was on pavement in amongst trees across the road was in the middle of a common one sign 300 yards down the road saying camera went past camera flashed but notice to say that going to prosecute as I was doing 44 and 30 MILE zone when I checked the road again the actual speed sign is on the opposite side of Road pavement about 20 foot away from camera position on the other side of the road I didn't realise the road was a*****being that it was in the middle of a common with the road running through it is this legal ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think it may not be?
Customer: replied 1 year ago.
Because it was in the middle of a common with no houses around its Usually 40 mph in a non-built-up area plus I have driven this road 1000 times not notice anything out of the ordinary but never expected to look for speeding signs on the opposite side of the road ?
Expert:  Jo C. replied 1 year ago.
I cannot really give you good news.
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.
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