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PistonHeads > Gassing Station > General Gassing > Speed, Plod & the Law > N. Wales Police to Refund £18,000 to Motorists
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peterguk M500

Original PosterOriginal Poster

1,908 posts

44 months

[news] 
Friday 6th November quote
North Wales Police have to give back £18,000 after speed ticket blunder

POLICE must reimburse 300 motorists £18,000 after penalising them for driving over 30mph through a village...when the speed limit was 40mph.

North Wales Police Superintendent Simon Shaw revealed the force had been wrongly targeting people travelling on the B4391 at Bala, since March 1.

Arrive Alive had caught hundreds of drivers on the short stretch - from the junction of the A494 to some 830 metres south - after it was labelled a Community Concern Site and part of the Wales Road Casualty Reduction Partnership.

Politicians last night criticised police for failing to notice the mistake sooner and warned "legal bungling" could lead to speeding problems.

Supt Shaw said: "At that time (March) it was believed the speed limit in force was 30mph following a revision by Gwynedd County Council in 1993, which had previously designated that stretch of the B4391 as a 40mph limit.

"Following an enquiry by a member of the public, Gwynedd carried out a review of the relevant road traffic order and discovered the original road traffic order had not been revoked. Consequently, despite a system of street lighting properly reflecting a 30mph speed limit the section of the road was still in fact the subject of a 40mph speed restriction."


shout oldsoak hehe


Edited by peterguk M500 on Friday 6th November 01:17

peterguk M500

Original PosterOriginal Poster

1,908 posts

44 months

[news] 
Friday 6th November quote
Are the Police liable for consequential compensation e.g. insurance hikes or loss of job through totting up ban? scratchchin

dilbert

6,363 posts

58 months

[news] 
Friday 6th November quote
It's allright, they'll just print some extra £50 notes off.

colonel c

4,438 posts

66 months

[news] 
Friday 6th November quote
Was this stretch of road incorrectly signed then? At least some of the 300 motorists should have known they were in a 40 and not a 30.

fluffnik

9,802 posts

54 months

[news] 
Friday 6th November quote
peterguk M500 said:
Are the Police liable for consequential compensation e.g. insurance hikes or loss of job through totting up ban? scratchchin
I do hope so. smile
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streaky

8,793 posts

76 months

[news] 
Friday 6th November quote
colonel c said:
Was this stretch of road incorrectly signed then? At least some of the 300 motorists should have known they were in a 40 and not a 30.
Er, yes. And, what's your point? - Streaky

ymwoods

327 posts

4 months

[news] 
Friday 6th November quote
This all comes down to someone not doing the paperwork...At the end of the day the drivers SHOULD have believed they were in a 30 and so should have been doing 30. Regardless of if a peice of paper held in the council chambers has a 4 instead of a 3.

its mad to see just that stretch of road racked in 18k though! I have to wonder how much a few of the roads in Stoke pocket.

Derek Smith

5,406 posts

75 months

[news] 
Friday 6th November quote
ymwoods said:
This all comes down to someone not doing the paperwork...At the end of the day the drivers SHOULD have believed they were in a 30 and so should have been doing 30. Regardless of if a peice of paper held in the council chambers has a 4 instead of a 3.

its mad to see just that stretch of road racked in 18k though! I have to wonder how much a few of the roads in Stoke pocket.
In Sussex the whole of the Ashdown Forest, all rural roads, was fitted with 40mph signs when there was no order in existence and those authorising the signing knew this. There was some argument that they didn't know initially but when it was pointed out to them they continued signing.

I was going at 60mph and overtook a patrol car which was going at 45 or so. I got pulled. I was going to play along with it to see what he would say but the driver recognised me at once. I asked him why he'd given me a tug and he said that I was the first car he'd seen that morning.

The incorrect sign were in place incorrectly for at least 18 months.

I disagree that the drivers 'should' comply with an incorrect limit. What they knew or did not know is of no consequence. The offence requires no guilty knowledge. It is absolute. However, if 40mph was an unsafe speed then I would agree.

bluepolarbear

1,478 posts

73 months

[news] 
Friday 6th November quote
ymwoods said:
This all comes down to someone not doing the paperwork...At the end of the day the drivers SHOULD have believed they were in a 30 and so should have been doing 30.
So if a driver belived they were in a 40 when they were in a 30 would they be not guilty of an offence? Historically ignorance of the law hasn't been sufficient to escape guilt but maybe you are on to something.

saaby93

849 posts

5 months

[news] 
Friday 6th November quote
press said:
Following an enquiry by a member of the public, Gwynedd carried out a review of the relevant road traffic order and discovered the original road traffic order had not been revoked. Consequently, despite a system of street lighting properly reflecting a 30mph speed limit the section of the road was still in fact the subject of a 40mph speed restriction.
I thought following a discussion in another thread with Puff the... & tvrgit that if the limit was incorrectly signed it reverts to NSL?
They'll be checking the new limit isn't below mean speeds when they review it.
coffee


Mill Wheel

1,691 posts

23 months

[news] 
Friday 6th November quote
fluffnik said:
peterguk M500 said:
Are the Police liable for consequential compensation e.g. insurance hikes or loss of job through totting up ban? scratchchin
I do hope so. smile
They didn't stick to the law - they should all be fined £60 and have their licenses endorsed with three points - on each account! wink

Jasandjules

21,343 posts

56 months

[news] 
Friday 6th November quote
bluepolarbear said:
ymwoods said:
This all comes down to someone not doing the paperwork...At the end of the day the drivers SHOULD have believed they were in a 30 and so should have been doing 30.
So if a driver belived they were in a 40 when they were in a 30 would they be not guilty of an offence? Historically ignorance of the law hasn't been sufficient to escape guilt but maybe you are on to something.
No, the offence is one of strict liability, i.e. you don't have any intent to break the law or knowledge that you are doing so. All that matters is that you are physically exceeding the speed limit.

bluepolarbear

1,478 posts

73 months

[news] 
Friday 6th November quote
Jasandjules said:
bluepolarbear said:
ymwoods said:
This all comes down to someone not doing the paperwork...At the end of the day the drivers SHOULD have believed they were in a 30 and so should have been doing 30.
So if a driver belived they were in a 40 when they were in a 30 would they be not guilty of an offence? Historically ignorance of the law hasn't been sufficient to escape guilt but maybe you are on to something.
No, the offence is one of strict liability, i.e. you don't have any intent to break the law or knowledge that you are doing so. All that matters is that you are physically exceeding the speed limit.
I should have added a smiley. Indeed which is why the thinking it was 30 and doing 35 isn't different to thinking it was 40 and doing 35

oldsoak

2,406 posts

29 months

[news] 
Friday 6th November quote
peterguk M500 said:
shout oldsoak hehe
Wot? biggrin

FWIW and I'm sure someone will disagree but whatever...

IME The Police don't put up signs nor are they responsible for ensuring all the I's are dotted and T's crossed where councils are concerned.

The police let councils deal with fixing speed limits and applying for the necessary legislature and trust them to do it properly.
The Police will enforce what they see.
Just like where a council wrongly mark a parking bay, it is the councils' job to make sure it is marked correctly..not the police, who, in many instances must enforce it.If that bay is marked wrong and the police 'do someone for parking in contravention to the markings and signs shown...it is the council that is at fault.

They (Police)were told an order had been granted to make a stretch of road 30mph. What they were not told, is the previous order was still in force because someone within the council had failed/forgotten to rescind it.
Therefore anyone travelling that road in excess of 30mph was (according to what the Police had been led to believe) were doing so contrary to the limit believed to be correctly imposed by the council.
Not the Police's fault at all.
tongue out

BigBob

681 posts

52 months

[news] 
Friday 6th November quote
oldsoak said:
Not the Police's fault at all.
tongue out
And there was me thinking that ignorance of the law is no excuse .............. wink


BB

oldsoak

2,406 posts

29 months

[news] 
Friday 6th November quote
BigBob said:
oldsoak said:
Not the Police's fault at all.
tongue out
And there was me thinking that ignorance of the law is no excuse .............. wink


BB
Here we go!
biggrinbiggrin
Again FWIW, there is no ignorance of law going on here at all. Just some council bod who didn't do it 'by the numbers' and fouled the lot up because of it.
If everyone went around second guessing the accuracy of each other's jobs, mistakes like this would be spotted and rectified before anyone was inconvenienced...but who has the time to do someone else's job as well as your own?

Council..Here Mr Plod, we have an legally granted order to reduce the speed limit on xyz road from 40 to 30 and here's your copy...Please ensure the new limit is enforced.
Plod = Thank you we'll get on it...Oh, BTW, you have made sure that you've rescinded the previous order haven't you?
Council = Of course we have what do you think we are? Idiots? You do your job and we'll do ours.
Plod= No comment
laugh

streaky

8,793 posts

76 months

[news] 
Friday 6th November quote
^^^^^

Funny thing is, I did and do check that other people have done their job properly.

Imagine if a pilot assumed the fitter had closed all the inspection panels and didn't bother checking themself.

When I was handed a weapon by an armourer or instructor I never assumed they'd cleared it first. I always checked. I still do. Years ago, I nearly lost the top of my head when the guy next to me on the range "dry-cocked" and fired an SLR with the magazine still in it. Trouble was, there was a leftover round in the mag! frown

If something has changed, I do ask whether the "old" process/paperwork/etc. has been rescinded. And if the answer is "I think so" or "I'm sure Fred did it", my response is "Bl00dy well go and check!"

Streaky

F i F

9,345 posts

78 months

[news] 
Friday 6th November quote
We had a perfect example of that a few months back.

The process, the detail of which shall remain nameless, involves two checks at different key stages. Following an almighty cock up we make an investigation of the relevant sections before the official meeting without chairs or coffee.

So there we are having a meeting when the lot involved with the first check say, "well we know it's going to be checked later so we errrrr....you know" to which the lot responsible for the second check reply " but... errr... we know it's been checked before so we errr....you know."

:headinhands:

Red Devil

692 posts

35 months

[news] 
Friday 6th November quote
oldsoak said:
Here we go!
biggrinbiggrin
Again FWIW, there is no ignorance of law going on here at all. Just some council bod who didn't do it 'by the numbers' and fouled the lot up because of it.
If everyone went around second guessing the accuracy of each other's jobs, mistakes like this would be spotted and rectified before anyone was inconvenienced...but who has the time to do someone else's job as well as your own?
You do love the provocative comment don't you? Where legal matters are involved there censored well should be someone checking! As a Council Tax payer I expect the Local Authority to have proper systems in place. Especially where the consequences of error mean the citizen is incorrectly penalised and financially disadvantaged.

Councils all over the land routinely make procedural errors like this, particularly with regards to parking. Unfortunately most people either don't realise it or are too reluctant to spend the time necessary to take them to task. What is worse is they are frequently too obtuse or obdurate to admit it when they are found out.

I like streaky's pilot analogy. Here's another. Would you be happy to use a parachute where a second person hadn't checked that it had been properly packed?


Puff the magic..

191 posts

7 months

[news] 
Friday 6th November quote
saaby93 said:
press said:
Following an enquiry by a member of the public, Gwynedd carried out a review of the relevant road traffic order and discovered the original road traffic order had not been revoked. Consequently, despite a system of street lighting properly reflecting a 30mph speed limit the section of the road was still in fact the subject of a 40mph speed restriction.
I thought following a discussion in another thread with Puff the... & tvrgit that if the limit was incorrectly signed it reverts to NSL?
They'll be checking the new limit isn't below mean speeds when they review it.
coffee
Only you thought that after being told several times that it didn't; it still doesn't.

The problem with this limit as I understand it is the road was a 40mph speed limit by TRO. Street Lights were installed and it was intended to make it a 30 mph speed limit by removing the 40 signs; the street lighting indicating the new 30 mph speed limit; no TRO required.
Because someone didn't "revoke" the 40 mph TRO someone has deemed it necessary to reimburse fines.
As I understand it that isn't needed because the TRO wasn't valid anyway because there were no speed limit signs for 40 mph; I don't know if there is a law describing a TRO revocation; perhaps there is.
Looks like a good will gesture perhaps, rather than a legal requirement.
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