If the signage indicating a speed limit was defective, the fact that the Appellant knew that the speed limit was 50 mph is not relevant. However, the essential question was where the limit must be indicated. Elias LJ said: ‘The effect of sub-section (4) is that there can be no conviction unless there are signs complying with the directions indicating the speed limit. The question is: Where must the limit to be indicated? The Act is silent on this point. Plainly it cannot simply be at the place where the alleged speeding occurs, which I shall call the ‘point of enforcement’. If, for example, repeaters signs indicate a speed limit at the point of enforcement but there were no signs placed in positions indicating the speed limit leading up to that point, then there would be no signs requisite to the purpose of providing adequate guidance as to the speed limit. It follows that there must be compliant signs on the road or roads leading up to the point of enforcement. But how far back need they go? That is essentially the issue raised in this case.
Second, if the limit is not indicated by the appropriate signs complying with the relevant directions then there can be no conviction even though there are some signs in place and even if the court takes the view that these did give adequate guidance to the driver. It is for the Secretary of State to determine what signs should be imposed for the purpose of securing adequate guidance, and if those signs are not provided then it must be inferred that the guidance is inadequate. Sub-section (4) is not satisfied and the conviction cannot stand.’
Elias LJ
[2010] EWHC 286 (Admin)
Bailii
England and Wales
Cited by:
Cited – Jones v Director of Public Prosecutions Admn 27-Jan-2011
The driver appealed against his conviction for exceeding the relevant maximum speed on a Special Road, the A55 in North Wales. The speed limit signs were designed to be illuminated, but the lamps were not working. Instructions had been given not to . .
Cited – Jones v Director of Public Prosecutions Admn 27-Jan-2011
The driver appealed against his conviction for exceeding the relevant maximum speed on a Special Road, the A55 in North Wales. The speed limit signs were designed to be illuminated, but the lamps were not working. Instructions had been given not to . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.401865 br>