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anton
Today is the start of a 30mph tempoary speed limit order on a 50mph rd. Not a single sign has emerged. Does the 50 limit still stand or is it un-enforcable?
Bluedart
QUOTE (anton @ Mon, 27 Apr 2009 - 14:36) *
Today is the start of a 30mph tempoary speed limit order on a 50mph rd. Not a single sign has emerged. Does the 50 limit still stand or is it un-enforcable?


Until they errect 30mph signs, 30 mph is unenforceable, therefore 50 MPH is still applicable - unless the previous order to invoke the 50 mph has expired and then the limit will be NSL for the road.
jobo
not sure that correct

they couldnt prosecute for exceeding the 50 as there is no RTO for it, therefore the signs are irreverent ?
The Rookie
Are you saying that a temporary order renders the previous order completely null and void, so anytime a temp order is raised the road is an NSL whenever the temporary limit isn't being 'used'?

I don't know the answer either way.

Simon
jobo
id say they cant have two RTOs simultaneously in effect, and the latter one must take precedence ?

the new on isnt enforceable with out adequate signage ( street light not with standing) and the old one has no legal status irrespective of what signs are in place
andy_foster
As always, the first question is whether or not there are streetlights.
Secondly, does the temporary order specify a fixed locus, or is it specified in relation to signs (as is often the case for rolling roadworks)?

If there is a compliant system of streetlighting, defective signage does not make the limit unenforceable. Recent case law confirms this. Special reasons and/or a spot of media attention could have an equivalent result though.

There is also case law that suggests that an offence of exceeding the permanent limit could be committed while a temporary limit is in place, but that is a far more complicated argument.

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