Overview
The legislation - Road Traffic Regulation Act,1984.
There is a plethora of law regarding speed limits. However we will concentrate on the two main areas- Speed limits on restricted roads where by the general construction of the road defines its speed limit and speed limits on roads other than restricted roads where a local order is required
Section 81 of the Act creates an offence of speeding on a restricted road. Section 82 defines a restricted road and allows traffic authorities to set other limits.
RESTRICTED ROAD
Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Act if:
a) in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;
(b) in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Secretary of State.
The traffic authority for a road may direct:(a) that the road which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes,
(b) that the road which is not a restricted road for those purposes shall become a restricted road for those purposes.
A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.
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Speeding other than restricted roads
Section 84 of the Act provides for speed limits on other than restricted roads.
84(1) an order made under this subsection as respects any road may prohibit
(a) The driving of motor vehicles on that road at a speed exceeding that specified in the order,
(b) the driving of motor vehicles on that road at a speed exceeding that specified in the order during periods specified in the order, or
(c) the driving of motor vehicles on that road at a speed exceeding the speed for the time being indicated by traffic signs in accordance with the order
What this means is quite simply that if the local authority wish to vary a speed limit the need to apply for a local order. For example
They require a speed limit of 40 mph from the restricted road limit of 30mph
Also it works in reverse. If they require the limit to be lowered again they would require a local order ( revocation) to do so. More about this on the advice page
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Speed Limits- General Offences
The Road Traffic Regulation Act 1984 provides traffic authorities with the authority to regulate traffic within their area. Section 89 of the Act creates an offence of speeding in a motor vehicle. It states:-
89(1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.
89(2) A person prosecuted for speeding shall not be convicted solely on the evidence of one witness to the effect that, in the witness's opinion, the person prosecuted was driving at a speed exceeding a specified limit.
The rules for the construction and positioning of traffic signs and road markings are governed by law. The relevant information can be found by click on the Traffic Rules and directions link on the reference page
However, the evidence of two police officers, unsupported by a speed device, can be sufficient in the right circumstances - R (on the application of Graham) v Crown Court at Chichester 2003.
Next -The Notice of intended Prosecution