CJB wrote:
Should we keep speed limits? Paul Smith thinks so, as a guide to drivers - this fits the "information" purpose above". The "safety" camera brigade also think so, but for very different reasons - "enforcement" alone seems to be their watchword.
For my part, I'd keep the lollipops, but abolish the offence of "speeding". All by itself it serves no useful purpose. Pull people over for lack of care and attention, reckless or dangerous driving to be sure, and use their speed as an aggravating factor - similarly, build it into the more serious charges where injury and/or death are involved. But "speeding" must go, and with it the battalion of Gatsos and the cavalry of Talivans. Am I on my own in this opinion?
I firmly believe that - in practice - speed limits should be enforced as though they were strongly advisory rather than mandatory. The traffic police should only prosecute drivers if, in their judgment, they are both exceeding the posted limit (a technical violation) and driving in a risky or dangerous manner (a safety violation).
However, this must depend on the judgment of the individual officer. If the principle was enshrined in law, then the result would be one of three outcomes:
(1) in effect, the courts would rubber-stamp the posted limits, so the situation would be little different from at present
(2) whether someone was convicted or not would largely depend on how much they could spend on a lawyer to make a case that their driving under those circumstances was not dangerous. It would be a lawyers' field day and end up as one law for the rich and another for the rest of us
(3) securing convictions would become so problematical that the police would effectively stop speed enforcement altogether, which would give a green light to a substantial minority of irresponsible drivers
I fully understand the theoretical appeal of the idea but do not feel it is workable in practice.
If we still had sensible, consistent speed limits and enforcement by live police officers exercising discretion, then of course this problem would not have arisen at all.