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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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I got caught speeding by a mobile camara but their was

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Hi I got caught speeding by a mobile camara but their was no warning signs before .
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you mean for the speed limit or the camera?
Customer: replied 2 years ago.

I was over the speed limit but their was no speed warning sign before the mobile camara

What was the speed limit and what speed were you doing please?
Customer: replied 2 years ago.

60mph I was doing 78mph

Customer: replied 2 years ago.
So no speed limit signs and no speed camera signs.
That is a problem I'm afraid.
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.
I imagine this is a single carriageway without street lights so the limit is automatically 60 mph without any need for warning signs.
However, even if this were a reduced section of a 70 mph zone therefore needing warning signs to comply with S85 and it did not have those signs, all that would mean is that national speed limits apply which would be 70 mph. Whichever way you look at this, you were still speeding.
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.
Can I clarify anything for you?
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