There have been some interesting stories in the press over the last few days about the likely impact of an error in the design of some variable speed limit signs.
The story was first reported by the BBC, which predicts that thousands of speeding convictions may be quashed as a result of the mistake.
Road Traffic Signs Not Conforming to the Law
The signs in question were displayed on two sections of the M42, to the west of Coventry. They were slightly taller and narrower than the requirements set out in the Traffic Signs Regulations and General Directions – the document that governs the use of variable speed limit signs.
Signs that do not conform to these requirements are only enforceable if they are approved separately by the Department of Transport – and no approval had been obtained. At least, according to the BBC, no approval had been obtained between 2006, when the signs were installed, and November 2012, when the Crown Prosecution Service raised the issue with Warwickshire Police.
This caused the police to stop using the signs as a means of enforcement and drop pending prosecutions relating to them. However, there is a question mark over the validity of the many thousands of speeding convictions that were imposed previously.
Speaking to the BBC, Warwickshire Police’s Gary Hollis said, "Motorists who have already had their cases dealt with by the courts, conditional offers of fixed penalty or speed awareness courses are advised to take independent advice regarding how this affects their individual cases."
The Department of Transport has now approved the use of the variable speed limit signs, and they have been subject to the usual enforcement action since 1 January 2013.
Contact our Motoring Defence Solicitors
Our motoring defence solicitors based in London are specialists in defending speeding charges and challenging speeding convictions and can help you. Please contact Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.
