Ok guys this is a what if, but I know its relevant in a lot of places I could get done.....

TRSGD stipulates that certain signs have to be illuminated...I have heard of a number of succesful defences were the signs were not illuminated as they should be, but these have been at night..not from my interpretation of the law, even if its is daylight, and even if the sign has illumination but it doesn't work, then the local council have failed in their duty to 'erect and maintain' and thus the limit is not legally enforceable..but do you reckon the magistrates would agree, and if it went to appeal how far would you have to take it to get the right result?

Simon.

Most new externally illuminated signs have a miniature photocell, which turns the lighting off in the daytime.

Not sure if this really answers your question though............

Mudster, not really......

Anyone else..technically not enforceable, agree/disagree??

Simon

If the signs are designed to illuminate they must both be illuminated at night from dusk. If only one is illuminated then the sign fails the test of maintenance and would render the limit unenforceable, similar if they were both out.

This applies to signs at the start of the posted limit.

So if you got zapped in the day and and could prove the signs were faulty (not lighting up at night when they should have) technically the signs have not been maintained properly.

Thanks DW, that was my interpretation, although using it as a defence is another ball game!

Simon

I was going to run this as a defence in Scotland, as only one of the signs had a light above it. The other had obviously been replaced at one point, but a light had not been fitted on the top. This was on a NSL just leaving a village (trunk road) with street lighting within 50m.

Problem was - it was during the day - same as you.

I see it as failure to comply with the legislation, but my lawyer did not seem as convinced. As it turned out we had enough alternative defences that we never needed it!

Point being - I'm not sure if our legal friends are as confident as we are. There is a guy who helps with this technical stuff on the ABD website, it is possibly worth asking him for "professional" advice.

Good luck.

The General

Here is the requirements for Speed Limit Signs

and here is the Legislation