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Joined: Sep 25, 2007 Posts: 6 Location: Rainham East London
Posted: Thu Oct 04, 2007 10:52 am Post subject:
The deffinition of a "DUAL CARRIGEWAY" , A dual carriageway or divided highway is a road or highway in which the two directions of traffic are separated by a central barrier or strip of land, known as a central reservation or median and only then does the 50mph limit apply,(unless stated otherwise !) as far as I'm concerned. Theres many 3 laned roads i use at work, tidal flows and the like, but there not NSL !
this still catches some of our drivers out !
what do points make ?............. as a famous game show host once said.... _________________ I was in this restaurant and I asked for something herby. They gave me a Volkswagen with no driver.
Regarding that camera on A556, a friend of mine has received a NIP for "exceed 50mph (unmanned camera)"
"Your recorded speed was 46mph"
Now, the law quoted is "S84 RTRA 84 Sch 2 RTOA 88 & Local Order"
So, as I interpret it, the alleged law has not been broken, because the statutory 50mph speed limit on that road was not exceeded. They've even put that in black and white.
Having a look through the road traffic act, it seems that the section quoted should have been section 86.
How is it best to proceed with this? Is it simple, or will it require the sevices of a solicitor?
Success!
My mate sought the advice of a motoring solicitor, who wasn't interested and said that the error would not be fatal to the case.
I didn't agree, as the error was so specific in quoting the wrong section of the road traffic regulation act.
I drafted a letter for my mate to send back with the NIP, asking how the alleged offence could have been committed if his recorded speed was 46.
He filled in the back of the NIP to say he was the driver at the time. He wasn't disputing that part.
Consequently, the camera partnership replied that they would be taking no further action due to the incorrect information being entered on the NIP by the viewer - a "very rare occurrence" they say...
They did go on to explain that the speed limit was 40 for the goods vehicle on a single carriageway, please respect the speed limits, etc.
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