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FightBack Forums > Queries > Speeding and other Criminal Offences

In Walkington the speed limit for the road through the village is 30 mph (B1230) and just outside the village at the crossroads going towards Beverley it changed to the NSL as posted by the correct signage then as you approached the area known as Beverley Westwood the speed limit changed to 40mph again correctly signed by a large 40mph sign.

recently the stretch of road that was NSL (that is the stretch between the crossroads and the westwood) has had 40mph roundels painted prominantly on the road and repeater signs erected, however the old large 40mph sign at the start of the Beverley Westwood has been removed and replaced with a repeater sign, and the NSL sign outside the village at the crossroads has also been removed with no replacement so we now have the odd situation of the following signs in the order you would see them as you drive along the B1230 towards Beverley

Enter Walkington from the West end you see large 30mph sign then leave village go over the crossroads and start to see 40mph signs posted on road with repeater signs all the way into the town where it becomes a 30mph again correctly signed.

Coming the other way out of Beverley you leave the 30mph area entering the Westwood area and there is a large 40mph sign and repeaters and roundels on the road all along the road till you approach the crossroads going into Walkington there is a large 30mph sign

There is NO large 40mph sign signifying the start of the new 40mph area as you go towards Beverely and especially NOT one where they have removed the old NSL sign, would this invalidate any speed tickets or not? As it would or could be argued that you have no idea which limit applied the 30 or the 40
street lights ?
in the village there a re street lights but in the old area of the NSL no street lights
I would say that you had a defence in one direction. Smith v Rankine; it's a Scottish case, but it's in line with Englsih cases on the matter, and indeed cited one with approval. No amount of correct repeater signs can compensate for (a) missing terminal signs(s). The roundels on the carriageway are irrelevent (Coombe v DPP (English case)).

QUOTE (oldstoat @ Mon, 13 Apr 2009 - 15:17) *
As it would or could be argued that you have no idea which limit applied the 30 or the 40

You misunderstand the law. No mens rea (intention) is required to commit a speeding offence. The offence is absolute. Where there are no street lights, however, statute also provides an absolute defence, i.e. that the signs must comply with the regulations, and in your example, they do not (in one direction).

Edit to add: I didn't notice your other question, because it was in the thread sub-title;
QUOTE (oldstoat @ Mon, 13 Apr 2009 - 15:17) *
which speed limit applies

The speed limit where the 40 MPH repeaters are is 40 MPH. They are not allowed to put 40 MPH signs up if the limit is 30 MPH (or there is no limit, although that doesn't stop some councils doing it). The original part of my post (i.e. above the edit), refers the speed limit of 40 MPH.
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