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Pistonheads, Friday 20th May 2005
Motoring Law Website Road Law (link below) is advising motorists to check their situation if they have apparently been caught speeding in a temporary speed limit in road works.
"There are specific legal requirements with regard to the signs that must be displayed advising motorists of the correct speed limit on any road, and this applies just as much to temporary speed limits where road works are being undertaken, as it does to any other stretch of road," said former solicitor and Webmaster Martin Davies. If the speed limit signs are insufficient or incorrectly placed then the police are not in a position to prosecute drivers for breaking the speed limit.
The situation has been highlighted by lengthy road works on the A303 in Wiltshire starting back in May 2003, which lead to several thousand motorists being caught for breaking the temporary speed limit. However one motorist was so incensed by the lack of signs that as soon as she received her NIP she returned to the road works and took photographs to prove that she could not have known of the change in the speed limit. Her case was dismissed and lead to the Wiltshire & Swindon Safety Camera Partnership issuing a statement (see below) in February 2005.
The statement has several repercussions:
• Any driver who has already been prosecuted for speeding on the A303 at Folly Bottom over the past 2 years can apply to have their conviction quashed, the points taken off their licence, their fine repaid and make a claim for compensation for any losses they have suffered as a result of the wrongful conviction (eg increased insurance premium). This is automatic for those already convicted of offences on the A303 at Folly Bottom between October 2003 and 13 January 2004.
• Other drivers who have been caught in the area and who cannot recall having seen clear speed restriction signs are now also having their cases reviewed. These matters have been adjourned until 30 June 2005, but the CPS are expected to make a decision and statement about these cases before this date.
Road Law is aware of a similar situation on the A63 at Welton in Yorkshire, which has lead to cases being discontinued.
The advice from Road Law for motorists who have been caught on these two specific roads (the A303 and the A63) is to contact Road Law for specific advice on their situation, and for any motorist who has been caught speeding in roadworks to check if there were actually speed limit signs on the stretch of road on which they were driving. The actual regulations are quite complex, but in general signs should appear at the beginning of the speed limit and then at regular intervals within the speed limit. If there is any doubt then they should take legal advice before accepting any charge.
Road Law has a panel of specialist motoring solicitors that advises on matters throughout England & Wales and operates a unique fixed fee telephone advice and legal representation system.
• www.road-law.co.uk
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