Speeding motorist not guilty due to 30MPH sign not being pre

Druidor
Druidor Posts: 230
edited June 2014 in Road general
Just read this,

What a complete p take get off, so the basics of highway code of 30 in a built up area dont count if the signs not there (Common sense)

http://www.dailymail.co.uk/news/article ... -sign.html
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Comments

  • IanRCarter
    IanRCarter Posts: 217
    This is why I hate the UK justice system, anybody can get off on a technicality. It doesn't matter what speed he was doing, it was a pedestrian crossing, he should have been checking it on approach to ensure there was nobody crossing.
    'I did not notice the red sign. It was saying 30mph on the roundabout but on the way to the motorway I thought it was 50. I don’t think that sign was very visible.'

    To me, that sounds like the last speed limit sign he saw was 30mph. He 'thinks' it's 50, but why should he if he has no seen a 50 sign?

    I can't quite understand what has happened though. At various points in the article, it says she was cycling on the road in the same direction as the car, but she's also going across the crossing, and also under the bridge (the one in the picture nowhere near the road?).

    To be honest, it sounds like he wasn't paying attention to the road. He didn't even know he'd hit her. Regardless of the 'unofficial' speed limit sign, or even what the speed limit of the road is, a driver should be paying attention to the road ahead, be aware of there surroundings and be anticipating any potential hazards. Not doing so resulted in him hitting somebody, causing fatal injuries, which must surely be considered driving without due care and attention.
  • mfin
    mfin Posts: 6,729
    Druidor wrote:
    Just read this,

    What a complete p take get off, so the basics of highway code of 30 in a built up area dont count if the signs not there (Common sense)

    http://www.dailymail.co.uk/news/article ... -sign.html

    It is not a 'built up area' that defines an unmarked 30mph by the way. It is defined by a group of street lights, regular street lighting, I don't know the exact wording without looking. The 'built up area' thing was an old rule but because the definition was a bit too loose it was modernised, this was mainly to do with different people's thinking of what is 'built up', city people driving in rural areas might think some roads are 'hardly built up' compared to what they are used to and might not consider them built up, it would be too opinion based.

    On another note, 50mph limits always have 50 signs, and as like any other zone have 'gateway' signs on either side of the road followed by repeater signs until another set of gateway signs for a new limit.

    Highway Code and signage means that you should be able to be teleported into a car on any road anywhere in the UK and be able to work out what the speed limit is for the type of vehicle you are in. (there aren't enough photos to ascertain from the field of vision he would have had if this would have worked for sure though, I'm sure it's not idiot proof, and this bloke was definitely an idiot)
  • slowbike
    slowbike Posts: 8,498
    mfin wrote:
    Highway Code and signage means that you should be able to be teleported into a car on any road anywhere in the UK and be able to work out what the speed limit is for the type of vehicle you are in.
    Only after travelling a while ....

    One of my pet hates is whilst driving unfamiliar roads and coming across a speed camera with no indication as to what the speed limit is (bare in mind you can see them someway off) - ok, I've probably only recently passed a sign, but when you're on a longer journey and the speed limits change frequently - 40-50, back to 40 for a bit ... 50 for this part, delimit .... into a town = 30, out of the town - 40, 50, 40 etc etc .... then you cannot always recall exactly what the limit is and whilst you may be travelling safely, you're not always within the prescribed speed limit.
  • Anonymous
    Anonymous Posts: 79,667
    Seems like the law is there to trap/persecute you as a safe driver that goes over the speed limit, and then is your best friend when you kill someone :?

    Defence lawyers will be high fiving all the way to the Champagne bars though, so at least the barman there will be getting a big tip.
  • BrandonA
    BrandonA Posts: 553
    I drive down a particular 50mph road each morning to work. There are often policy in their van checking for speeders.

    Someone recently covered all the 50 repeater signs with white paint.

    I was thinking the other day that you could use this as an excuse if you got caught speeding.
  • thistle_
    thistle_ Posts: 7,218
    Sometimes judges make sensible decisions:
    http://www.bbc.co.uk/news/uk-wales-12301814