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7:00am Friday 12th October 2007
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MILLIONS of pounds of fines could have to be refunded after a landmark ruling found several speed limits on Hamp-shire's roads are not legally enforceable.
COULD YOU HAVE YOUR SPEEDING FINE OVERTURNED?
SEE TODAY'S DAILY ECHO
Experts say a judge's decision yesterday opens the door to thousands of motorists to claim their money back, but that could be just the tip of the iceberg.
District Judge Philip Gillibrand yesterday dismissed the last of 14 test cases against motorists allegedly caught speeding along the A27 in and around Fareham.
He ruled that simple errors in the way signs were positioned meant the speed limits essentially had no backing in law.
Legal experts who uncovered the failings say they have seen the same mistakes time and time again across the county, which they described as "a signing disaster zone".
Judge Gillibrand urgently called on the county council to put right the signs across Hampshire to avoid future cases being thrown out in the same way.
But last night the Hampshire's Safer Roads Partnership insisted that despite his ruling, it believes the signs are fine and refused to rule out continuing to issue penalties in the effected areas.
"The SRP is naturally disappointed with the decision of the court about a site where we believe the signing to be adequate," said a spokesman, adding the partnership is now waiting for details of the ruling before deciding on its next action.
The expert witness whose report uncovered the signage deficiencies blasted the statement as "amazing".
"How can they say that when the judge has made a ruling?" said Richard Bentley, a former policeman who campaigns for the correct enforcement of speed limits.
"All they are trying to do is damage limitation. They would have the public believe those limits will still attract a conviction when Judge Gillibrand has found himself bound by law to say the law prohibits anyone being convicted.
"They should just pay the money back to everyone they have fined illegally."
In making his judgement at Portsmouth Magistrates' Court, Judge Gillibrand revealed his frustration at the errors that led to the failure of the prosecutions.
"It is regrettable that this week has happened," he said.
"It has taken a great deal of court time, it has cost the taxpayers thousands of pounds in public funds, and for what I ask myself?
"From any common sense point of view any motorist that proceeds past the 40mph speed limit with a camera sign below in excess of that speed limit is a fool and asking for points to be placed on their licence.
"I am here to uphold the law and the laws are there to prevent chaos, but speed limits have to be certain and apply to all motorists.
"Ensuring there is an enforceable speed limit must be a priority.
"I know money is tight, but the issue is too important.
"If the law is going to be enforced it is up to Hampshire County Coun-cil to get the signs right, as a matter of urgency, or this court is going to be in the same situation again."
Judge Gillibrand also expressed horror that the problems had even been pointed out to the partnership by an experienced traffic police officer.
The court heard he was told not to worry and to carry on issuing penalties.
"PC Harrison warned of the difficulties in this case and his warnings were ignored, and ignored to the cost of the county," said the judge.
Mr Bentley said the problems have still not been rectified, despite his detailed report being served as part of the defence case more than a year ago.
"For the sake of a few thousand pounds it could now cost the county council millions of pounds to remedy and compensate," he said.
"It may be staffing, it may be financial constraints because they want to do something else with the money, but the state of signing in this county is appalling.
"You just have to look anywhere and you will find the law has not been followed.
"You have to ask why, because these are professional bodies who employ professional people and have free access to the greatest expertise in the country, but they still get it wrong.
"It is not rocket science, it is as simple as copying a picture from a book."
Tony, Hampshire says...
5:57pm Thu 11 Oct 07
speeed boy, says...
10:34pm Thu 11 Oct 07
Ken Wright, South East says...
7:24am Fri 12 Oct 07
Adrian Smith, says...
7:28am Fri 12 Oct 07
hmm, says...
8:36am Fri 12 Oct 07
Anth, mids says...
8:42am Fri 12 Oct 07
hmm, says...
8:47am Fri 12 Oct 07
Anth wrote:i manage it, its not hard just an excuse
spend all your time looking at the speedo because you are paranoid about getting a speeding fine
how is that safe?????
Adrian Smith, says...
9:08am Fri 12 Oct 07
Anth wrote:No, an experienced driver will know how his/her car behaves and will not need to keep looking at the speedometer all the time.
spend all your time looking at the speedo because you are paranoid about getting a speeding fine how is that safe?????
julian, hedge end says...
9:15am Fri 12 Oct 07
J, Soton says...
9:19am Fri 12 Oct 07
Adrian Smith, says...
9:25am Fri 12 Oct 07
julian wrote:No, if you actually knew me I would take it on the chin and pay the fine - if I had broken the law. Next inane comment please..
so if HMM can't see a road sign he assumes the speed is 30; does he ever get anywhere? of course the "safety cameras" are just a revenue earner, placed where the road appears to be safe and legal for travelling at 40 to catch out the poor sap who creeps up to 35; adrian smith will sound a whole lot less smug when he gets caught
Geoff, says...
9:26am Fri 12 Oct 07
hmm, says...
9:31am Fri 12 Oct 07
Tim, Totton says...
9:31am Fri 12 Oct 07
Fred, Bristol says...
9:47am Fri 12 Oct 07
hmm wrote:You don't even need signs to how fast a road should be. The lines on the road, the distance between lampposts, houses etc etc are all indicators of how fast you should be going.
faded signs what ever next, if you dont know the limit of the road you assume its 30 no excuses just technicalities
hmm, says...
9:50am Fri 12 Oct 07
Fred wrote:exactly, thats why using pathetic get out clause excuses are idiotic
hmm wrote:You don't even need signs to how fast a road should be. The lines on the road, the distance between lampposts, houses etc etc are all indicators of how fast you should be going.
faded signs what ever next, if you dont know the limit of the road you assume its 30 no excuses just technicalities
Geoff, says...
10:09am Fri 12 Oct 07
hmm wrote:Hmm, I suppose you would like to bring back the red flag, flogging and hanging. Many of the speed limits have been set artificially low for the conditions, well below what is sensible to any reasonable and perfectly safe driver.
dont see what the problem is, drive at or under the limit and you will be fine
Robert, Regent's Park, So'ton says...
10:26am Fri 12 Oct 07
Adrian Smith, says...
10:28am Fri 12 Oct 07
Geoff wrote:Geoff,
hmm wrote: dont see what the problem is, drive at or under the limit and you will be fineHmm, I suppose you would like to bring back the red flag, flogging and hanging. Many of the speed limits have been set artificially low for the conditions, well below what is sensible to any reasonable and perfectly safe driver. If you are going to argue the law is the law, well the law has just ruled that these speed limits were illegal and were not enforceable, so the drivers concerned were not breaking the law. So what have you got to complain about.
mangobean, Eastleigh says...
11:00am Fri 12 Oct 07
an over-low limit that could have been set by an apprentice on the Council
Captin road sign.. :), says...
11:01am Fri 12 Oct 07
Fred wrote:Actually Fred, not only were the signs in the wrong place, un lit where they should have been, but the white lines were painted for a 50-70 mph road on a 40 limit.
hmm wrote: faded signs what ever next, if you dont know the limit of the road you assume its 30 no excuses just technicalitiesYou don't even need signs to how fast a road should be. The lines on the road, the distance between lampposts, houses etc etc are all indicators of how fast you should be going.
James May for PM, By the river chillin in the sun says...
11:48am Fri 12 Oct 07
J, Soton says...
11:55am Fri 12 Oct 07
Fred wrote:Not true actually.
hmm wrote: faded signs what ever next, if you dont know the limit of the road you assume its 30 no excuses just technicalitiesYou don't even need signs to how fast a road should be. The lines on the road, the distance between lampposts, houses etc etc are all indicators of how fast you should be going.
Adrian Smith, says...
12:14pm Fri 12 Oct 07
James May for PM wrote:Isn't that the road fronted by houses on both sides and a narrow footpath.
Name me three places in SO14-SO16 where the limit is "artificially low". Lets start with Bitterne Road dual lane but a 30.
frank, says...
12:38pm Fri 12 Oct 07
Robert wrote:I your 'intuition' is the break the law then yes you'll get fined.
For 30 years I observed my own speed limits, based on my experience and commonsense. What irritates me nowadays is being forced to comply with an over-low limit that could have been set by an apprentice on the Council. I've never had a speeding fine but it's going to come one of these days if I go back to my own intuition.
Oz, Southampton says...
12:48pm Fri 12 Oct 07
mangobean wrote:The majority of speed limits are set by the council, but they will take advice from other relevant agencies (police, etc) where necessary.
an over-low limit that could have been set by an apprentice on the Council
I'm sure someone will correct me if I'm wrong but aren't the speed limits set by the Highways Agency and not the local council.
Either way I'm sure the setting of a speed limit would not be entrusted to an apprentice of any description.
Lewis Hamilton, Silverstone says...
1:15pm Fri 12 Oct 07
Adrian Smith wrote:Yes I am!! 30 there is ridiculous!!
James May for PM wrote: Name me three places in SO14-SO16 where the limit is "artificially low". Lets start with Bitterne Road dual lane but a 30.Isn't that the road fronted by houses on both sides and a narrow footpath. Dual it may be, but are you suggesting that like many dual-carriageways, it should allow for 50Mph+?
George, says...
1:21pm Fri 12 Oct 07
George, says...
1:28pm Fri 12 Oct 07
speeed boy wrote:'t ain't that simple at all. If that were so, why are there less fatal road accidents in, say, Germany, than here? German drivers literally fall about laughing when they hear about our speed limits, yet their accident rate and fatality rate is considerably lower than our own. The big problem in this country is, because we are told what to do at every turn, people have become unable to make judgements for themselves. Witness, for example, parts of the Netherlands, where there are no road signs and markings whatsoever. That, in theory, should result in chaos, but it doesn't: it simply puts the onus on the driver to be more sensible and think for him/her self. A fair amount of accidents in this country, for example, result from people seeing a green light and assuming that means it's safe to go, when in fact if they had to look for themselves, they'd see the goods vehicle that couldn't stop in time. Same goes for speeding. People do not think about what an appropriate speed is, they rely on speed limits to tell them
Speed = kill people. Simple as you cretins
AaronDear, Southampton says...
1:33pm Fri 12 Oct 07
George, says...
1:36pm Fri 12 Oct 07
Geoff wrote:Indeed. The national speed limit of 60/70 was introduced as a temporary measure in the 60s after some genius in an AC Cobra battered up the road at about 150mph. This was back in the days of drum brakes all round, cross-ply tyres and cars that were not designed to handle well at speed. They're well out-dated now, even your average basic Fiesta can cope with going much faster. The limit is a farce. For the record, though, I would like to see that limit increase, but limits in urban and built-up areas come down even further. Let people do 100mph on a deserted motorway, if they want, there's no harm in it. Slow 'em down where it matters, as well
hmm wrote:Hmm, I suppose you would like to bring back the red
dont see what the problem is, drive at or under the limit and you will
be fine
flag, flogging and hanging. Many of the speed limits have been set
artificially low for the conditions, well below what is sensible to any
reasonable and perfectly safe driver.
If you are going to argue the law is the law, well the law has just
ruled that these speed limits were illegal and were not enforceable, so
the drivers concerned were not breaking the law. So what have you got
to complain about.
George, says...
1:38pm Fri 12 Oct 07
James May for PM wrote:I disagree. That speed limit is in place more for the peace and quiet of residents than for safety, and rightly so
Name me three places in SO14-SO16 where the limit is "artificially low".
Lets start with Bitterne Road dual lane but a 30.
King Mush, Woolston says...
2:06pm Fri 12 Oct 07
keith, test valley home of the MIGHTY SANDRA GIDLEY says...
2:47pm Fri 12 Oct 07
Driver instructor, says...
3:00pm Fri 12 Oct 07
George wrote:While the technology has improved the average driver has got worse, older, younger and we have more overseas drivers than ever before.
Geoff wrote:Indeed. The national speed limit of 60/70 was introduced as a temporary measure in the 60s after some genius in an AC Cobra battered up the road at about 150mph. This was back in the days of drum brakes all round, cross-ply tyres and cars that were not designed to handle well at speed. They're well out-dated now, even your average basic Fiesta can cope with going much faster. The limit is a farce. For the record, though, I would like to see that limit increase, but limits in urban and built-up areas come down even further. Let people do 100mph on a deserted motorway, if they want, there's no harm in it. Slow 'em down where it matters, as wellhmm wrote: dont see what the problem is, drive at or under the limit and you will be fineHmm, I suppose you would like to bring back the red flag, flogging and hanging. Many of the speed limits have been set artificially low for the conditions, well below what is sensible to any reasonable and perfectly safe driver. If you are going to argue the law is the law, well the law has just ruled that these speed limits were illegal and were not enforceable, so the drivers concerned were not breaking the law. So what have you got to complain about.
George, says...
3:14pm Fri 12 Oct 07
Driver instructor wrote:Hmmm. Seems odd that a driving instructor should be resigned to continuing poor driving standards. Surely better training is key, no? By keeping the 70mph limit, we are effectively saying "UK drivers are no good, and we're happy for that to remain true"
George wrote:While the technology has improved
Geoff wrote:hmm wrote: dontHmm, I suppose you would like to bring back the red flag,
see what the problem is, drive at or under the limit and you will be
fine
flogging and hanging. Many of the speed limits have been set
artificially low for the conditions, well below what is sensible to any
reasonable and perfectly safe driver. If you are going to argue the
law is the law, well the law has just ruled that these speed limits
were illegal and were not enforceable, so the drivers concerned were
not breaking the law. So what have you got to complain about.
Indeed. The national speed limit of 60/70 was introduced as a temporary
measure in the 60s after some genius in an AC Cobra battered up the
road at about 150mph. This was back in the days of drum brakes all
round, cross-ply tyres and cars that were not designed to handle well
at speed. They're well out-dated now, even your average basic Fiesta
can cope with going much faster. The limit is a farce. For the record,
though, I would like to see that limit increase, but limits in urban
and built-up areas come down even further. Let people do 100mph on a
deserted motorway, if they want, there's no harm in it. Slow 'em down
where it matters, as well
the average driver has got worse, older, younger and we have more
overseas drivers than ever before.
The current limits are fine and should be enforced.
toxteth o'grady, ston says...
3:25pm Fri 12 Oct 07
George wrote:probably a lower death rate in europe, because they are not plagued with spotty, baseball cap wearing yobs racing their chavved up Seat Ibiza's & Vauxhall Corsa's around everywhere.
speeed boy wrote: Speed = kill people. Simple as you cretins't ain't that simple at all. If that were so, why are there less fatal road accidents in, say, Germany, than here? German drivers literally fall about laughing when they hear about our speed limits, yet their accident rate and fatality rate is considerably lower than our own. The big problem in this country is, because we are told what to do at every turn, people have become unable to make judgements for themselves. Witness, for example, parts of the Netherlands, where there are no road signs and markings whatsoever. That, in theory, should result in chaos, but it doesn't: it simply puts the onus on the driver to be more sensible and think for him/her self. A fair amount of accidents in this country, for example, result from people seeing a green light and assuming that means it's safe to go, when in fact if they had to look for themselves, they'd see the goods vehicle that couldn't stop in time. Same goes for speeding. People do not think about what an appropriate speed is, they rely on speed limits to tell them I like how you brand the rest of the world, who may not share your opinion, as "cretins", though. Well done
Johnny, Fareham says...
4:04pm Fri 12 Oct 07
Stoker, Soton says...
4:44pm Fri 12 Oct 07
geezer, Lancashire says...
5:08pm Fri 12 Oct 07
Edward John Hamilton, says...
6:32pm Fri 12 Oct 07
Niel, Fareham says...
8:44pm Fri 12 Oct 07
dorothy, kansas says...
8:45pm Fri 12 Oct 07
King Mush wrote:you really do talk a lot of tosh mushie, newer countries!
George and others make sense.
I have driven in Germany and the autobahns can be intimidating but generally safe.
This country has a mish mash of road systems, mostly built over existing dirt tracks across the centuries.
Other 'newer' countries have managed to build good quality straight roads mixed with high standards of vehicles and driving skills to match.
We suffer from the legacy of expanding villages and towns whose inner road systems are difficult to rejig.
The motorways system has its faults but have also suffered from poor investment, shoddy work and repairs,
The 70mph limit needs upping to 80mph (most drivers keep to this average anyway) although a sensible lane control system can be used. Variable limits on stretches of M25 and M42 near Birmingham seem to work when needed.
Never mind eh? Us motorists pay billions in road-related taxes and see a fraction being spent on the source of this revenue.
John B, Eastleigh says...
10:36pm Fri 12 Oct 07
John, Soton says...
8:00am Sat 13 Oct 07
Ian, Turkey says...
1:59pm Sat 13 Oct 07
speeed boy wrote:Speed does not kill. Inappropriate, dangeous, careless, drunk,reckless etc etc driving causes accidents..
Speed = kill people. Simple as you cretins
King Mush, Woolston says...
1:59pm Sat 13 Oct 07
Kevin, Chichester says...
7:00pm Sat 13 Oct 07
quoteIs the Truvelo camera on the mile end road as you leave Portsmouth correctly positioned?
concerned, southampton says...
7:26pm Sat 13 Oct 07
Anth wrote:you can tell the speed you are travelling at by the sound of your car engine. you do not neew to spend all your time looking at the speedo
spend all your time looking at the speedo because you are paranoid about getting a speeding fine how is that safe?????
Ian, Turkey says...
11:33am Sun 14 Oct 07
concerned wrote:That depends on what gear you are in, and how would listening help the deaf or hard of hearing?
Anth wrote: spend all your time looking at the speedo because you are paranoid about getting a speeding fine how is that safe?????you can tell the speed you are travelling at by the sound of your car engine. you do not neew to spend all your time looking at the speedo
julian le good, hedge end says...
4:42pm Sun 14 Oct 07
bob, Southampton says...
2:04pm Mon 15 Oct 07
King Mush, Woolston says...
6:41pm Mon 15 Oct 07
Ady K, Park Gate says...
7:04pm Tue 16 Oct 07
putneydude, London (but ex-Hampshire) says...
9:15pm Fri 19 Oct 07
George wrote:George, you are so right. Quite remarkably, the limits in the US are now better than ours: 75 on the freeway (still not high enough, I agree), but outside schools there are flashing lights that the schools switch on and off at the start and end of the day and when flashing the limit is 15 - break that, or dare overtake a stopped school bus and they throw the book at you - that is sensible legislation. Over here, there is no concern about road safety at all; it is a money making scam about which politicians should be ashamed.
Geoff wrote:Indeed. The national speed limit of 60/70 was introduced as a temporary measure in the 60s after some genius in an AC Cobra battered up the road at about 150mph. This was back in the days of drum brakes all round, cross-ply tyres and cars that were not designed to handle well at speed. They're well out-dated now, even your average basic Fiesta can cope with going much faster. The limit is a farce. For the record, though, I would like to see that limit increase, but limits in urban and built-up areas come down even further. Let people do 100mph on a deserted motorway, if they want, there's no harm in it. Slow 'em down where it matters, as wellhmm wrote: dont see what the problem is, drive at or under the limit and you will be fineHmm, I suppose you would like to bring back the red flag, flogging and hanging. Many of the speed limits have been set artificially low for the conditions, well below what is sensible to any reasonable and perfectly safe driver. If you are going to argue the law is the law, well the law has just ruled that these speed limits were illegal and were not enforceable, so the drivers concerned were not breaking the law. So what have you got to complain about.
Rach, Fareham says...
11:09am Sun 21 Oct 07
quote
quote
tony, hants says...
11:03am Tue 23 Oct 07
Keith Hammond, N orth East says...
11:55am Wed 14 Nov 07
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Big Boy, Hythe says...
5:46pm Thu 11 Oct 07