Hi - here's a question for legal types/officers of the law etc...

In my area there is a stretch of A road marked throughout with national speed limit signs, so 60mph. On one section prior to a nasty bend there is a "40" painted on the road. There are no roadside signs (i.e. red circles) to accompany this and there are no further road markings, i.e. to indicate where the limit ceases to apply.

Is this an advisory limit or a compulsory limit? If the latter, is it valid if no roadside signs etc? Also, how can you tell when the national speed limit kicks back in?

I'm asking this because I sadly had a bump a while back in the section of road a little bit further on (i.e. clear of the bad bend), and speed is proving to be a matter of debate for the insurers.

Thanks for any info/advice!

 

Similar question recently, John checked with a police officer who told him that markings painted on the road, that were not backed up by signs were for advice only. The one I asked about was for arrows at junctions, however I believe this would also apply to speed limits.
Hopefully Stuart will be able to confirm.

 

Hmmm, this is a tricky one.

I should have clarified a couple of things when I spoke to John (slightly pissed at the time etc). Certain road markings are covered by the RTA 1988 and the Highway Code. An example of such a marking would be a yellow box junction (which a great number of people seem unable to use correctly ) which comes under rule 150 of the HC. The lines down the centre of the carriageway also come under the Highway Code and therefore you can be prosecuted for breaking these laws (HC rules 106 - 110).

With regards to other road markings -

<I>Rule 113 HC states:
You should follow the signs and road markings and get into lane as directed. In congested road conditions do not change lanes unnecessarily.</I>

However this is only a <I>should</I> rather than a <I><B>MUST</I></B>.

As for Gareths question, I'll have a think about it when I've got 5 minutes and come back to you.

Cheers

S

PS - I am <B>NOT</B> qualified to give out legal advice, thats what solicitors are for.

PPS - Apologies if any of the spelling is dubious in this, I've just got up

[This message has been edited by Stuart H (edited 05 December 2000).]

 

And another one... I take it home made signs can be ignored? Pieces of round wood on a wooden post with "40" painted on them by hopelessly optimistic natives?

Seen near Windsor/Twyford yesterday...

 

Aw, shucks - does this mean that the previously pukka 30mph signs near my house that now say 80mph are not legal?

But seriously, as Stuart says - the markings on the road are (probably) advisory. A short section out of "Butterworths" says "If a speed limit order is made under s 84, the specified road must bear the prescribed restriction signs (inclusing repeater signs). If it does not, a person cannot be convicted of driving in excess of the specified limit."

FYI, s 84 relates to "restricted roads" which are 30mph zones due to streetlamps being less than 200 yards apart (although "an error of 12 yards between two lamps in a system of 24 does not prevent the road being restricted") - everywhere else is a GLF!

mb

p.s. And also as Stuart says, i am *NOT* qualified to give legal advise (who is?), so believe me at your own peril!

 

And another question....

what about those rectangular yellow signs that you often see at road works, that say "Max Speed 50" for example?

Often these are not backed-up with a 'proper' 50 sign, and there are no signs indicating where the restriction ends.

Are these advisory or legally-binding??