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Michael Pace a specialist road traffic lawyer has recently represented three motorists who were prosecuted for speeding on the B1191 between Kirkstead Bridge and Martin South Drove. All three have had their charges dropped after he made enquiries and discovered that there was no legal basis behind the charges.

On 21 Nov 2018, the Highway Authority for Lincolnshire put an emergency temporary speed limit in place on the B1191 between Kirkstead Bridge and Martin South Drove.

This was done by using an Emergency Traffic Regulation Order.

The Order came into being on 21 Nov 2018 and restricted the road to a 40 mph limit. Signs were erected at both ends of the affected stretch of road, which was suffering from subsidence.

To complicate things though, a national speed limit repeater sign was left in place for eastwards bound traffic, and there were no repeater 40 signs, so that drivers could check the limit.

The original Order expired on 28 Feb 2019, but the 40mph signs remained in place and the police continued to prosecute errant motorists. The Highway Authority did not realise their error until June 2020, when they put a new Emergency Traffic Order in place, which commenced on 1 July 2020 and finally expired on 31 Aug 2020.

It appears that the Highway Authority did not tell the police of the omission. As a result drivers and motorcyclists have been prosecuted for breaking the 40 mph speed limit. All will have had points put on their licence by the court. Some may have been disqualified for reaching 12 points.

All those prosecuted for speeding between 28 Feb 2019 and 1 July 2020, are entitled to have the conviction set aside, their fines repaid and the points taken off. Any motorist who got to 12 points and was disqualified may have a claim for compensation.

If you are one of those who was prosecuted, I can help you.

This situation shows why it is always important to take advice from a specialist road traffic lawyer in order not to fall victim to the prosecution process.

Contact us

If you require advice regarding this, or any other motor law issue please contact our specialist Road Traffic Law team.

Michael Pace (themotorlawyer) 
01522 781466