anton
Mon, 27 Apr 2009 - 13:36
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?
Bluedart
Mon, 27 Apr 2009 - 13:52
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
Mon, 27 Apr 2009 - 14:10
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
Mon, 27 Apr 2009 - 14:59
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
Mon, 27 Apr 2009 - 15:08
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
Mon, 27 Apr 2009 - 20:01
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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