COULD DRIVERS ESCAPE A FINE?
Quote:
Motorists caught by two Leicestershire speed cameras could be able to challenge their convictions because signs displaying the driving limit are not legal, it was claimed today.
The wrong type of warnings are placed ahead of two fixed speed cameras in the county, according to traffic expert Richard Bentley.
He says the round "bullseye" signs used by Leicestershire County Council to display the speed limit are unenforceable because they are the wrong shape.
Mr Bentley, a retired traffic policeman who is now on the UK Register of Expert Witnesses, says the round signs with yellow outer rims do not meet Government requirements and so invalidate the limit.
He said the signs needed a rectangular backing board in order for them to be legal and enforceable.
Mr Bentley noticed one of the signs while he was driving on the A6 Derby Road, near Kegworth, where it shows a 40mph limit.
A similar sign appears in London Road in the village with a 30mph limit. Both roads have speed cameras.
A spokesman for the Department of Transport said Mr Bentley's claims were correct.
"It seems the sign in Kegworth does not appear to meet the legal requirements therefore it is not a legal sign," he said.
"For it to be legal it would require a rectangular backing board.
"It is possible for motorists to challenge convictions but it would be down to the courts to make the final decision."
Mr Bentley said: "This is not a loophole or a technicality. It is simply that those signs are not legal and where a sign is not legal the speed limit cannot be enforced.
"The Government has requirements for signs to be uniform because if they did not, local authorities could put up whatever shape, size and colour of sign they like and that would be confusing for motorists."
Mr Bentley provided evidence in a case where penalty points were quashed and fines returned for people caught speeding in Wiltshire because of the signs.
Darren Broome, 39, of Chesterfield, plans to challenge his speed camera conviction which he picked up on London Road, in Kegworth, for travelling at 39mph in the 30mph zone.
He said: "I'm between jobs at the moment but I have worked as a driver in the past and these points could affect my chances of getting employment. I need to challenge this in the court."
County Hall, though, insists the round signs are legitimate and enforceable. A county council spokeswoman said: "We have no plans for general replacement of signs with a round yellow backing board since they (the existing ones) are legally enforceable and they inform drivers of the speed limit."
She declined to reveal how many people had been convicted by the Kegworth cameras and said this was because the Association of Chief Police Officers had decided the public interest of revealing such information was outweighed by the potential consequence to law enforcement.
The Leicester Mercury is putting in a Freedom of Information request to establish this information.
This one could get interesting.