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Another speeding thread...

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Old Sep 23, 2009 | 05:26 AM
  #21  
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Originally Posted by GarethB,Sep 23 2009, 12:18 PM
The fact that the speed limit sign was obscured - especially as it's a 30 limit - could well be no defence at all.

They will point to things like the white lines in the middle of the road and the distance between the street lights. This, in particular, is an indicator of a 30 limit.
not sure about that Gareth

if the evidence of speeding comes from the camera

then surely the camera (siting/testing/marking etc) must be fully compliant with the legislation, regardless of road markings - which only confirm what the limit is?

I vaguely recall that the back of Gatsos must be painted yellow

well if that was obscured, it would seem to me that there might be a failure to comply

what do the lawyers have to say?

I have an opinion, but I don't think it's as good as a lawyer's...........


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Old Sep 23, 2009 | 05:38 AM
  #22  
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Originally Posted by gaddafi,Sep 23 2009, 01:26 PM
I vaguely recall that the back of Gatsos must be painted yellow
IIRC if the relevant County Council painted the back of the Gatso yellow, it enabled them to retain the fines levied; whereas, if they left it grey, all the fines had to be paid over to Central Government.
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Old Sep 23, 2009 | 05:45 AM
  #23  
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Couple of interesting links here which may be good news

http://www.dailymail.co.uk/news/article-42...ured-hedge.html

And an official dft document here see page 2 http://www.dft.gov.uk/adobepdf/16438...04/aidememoire

and from the ABD, it's clear enough you haev a good case http://www.abd.org.uk/speed_limit_signs.htm#legal
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Old Sep 23, 2009 | 05:50 AM
  #24  
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Originally Posted by gaddafi,Sep 23 2009, 05:26 AM
I have an opinion, but I don't think it's as good as a lawyer's...........
Use what talents you possess: the woods would be very silent if no birds sang there except those that sang best
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Old Sep 23, 2009 | 06:06 AM
  #25  
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Originally Posted by gaddafi,Sep 23 2009, 02:26 PM
not sure about that Gareth

if the evidence of speeding comes from the camera

then surely the camera (siting/testing/marking etc) must be fully compliant with the legislation, regardless of road markings - which only confirm what the limit is?

I vaguely recall that the back of Gatsos must be painted yellow

well if that was obscured, it would seem to me that there might be a failure to comply

what do the lawyers have to say?

I have an opinion, but I don't think it's as good as a lawyer's...........
I thought it was the sign saying there was a speed limit rather than the camera which was obscured.

My thinking being that the defence of not being aware of the speed limit may not be applicable just because the sign isn't visible.

If it was the camera that was hidden then that's a different story.
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Old Sep 23, 2009 | 08:25 AM
  #26  
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Originally Posted by lovegroova,Sep 23 2009, 05:45 AM
Couple of interesting links here which may be good news

http://www.dailymail.co.uk/news/article-42...ured-hedge.html

And an official dft document here see page 2 http://www.dft.gov.uk/adobepdf/16438...04/aidememoire

and from the ABD, it's clear enough you haev a good case http://www.abd.org.uk/speed_limit_signs.htm#legal
Thanks for the info, some interesting stuff especially the article reagrding the speed limit sign obscured by a hedge. This is particularly relevant as it was the sign at the start of the 30mph limit (coming from a 50mph limit) that was obscured by the branch. It isnt a road I use and the start of the 30mph has moved as well so it starts sooner than I would have expected.

I am prepared to challenge it but not to the point where legal costs will start rising. If the magistrate doesnt favour me then i'll pay up and take it no further but i genuinely believe that I have a case and since the council came back after my letter/pics and removed the offending branch, then I think that favours my claim all the more.

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