KNOW YOUR RIGHTS
Road traffic law has hit the news a lot in January. From speeding offences to drink driving and using a mobile phone, various issues have arisen on Britain’s overcrowded roads recently. This month we have a look at some of those articles, the laws behind them, and what professional drivers can do to keep on the right side of the law.
New 40mph limit on the A20 in Sidcup catches over 60,000 motorists in a matter of weeks
https://shorturl.at/mCLZ2
A section of the A20 in Sidcup has been lowered to 40mph, which has caused chaos amongst motorists. TfL lowered the limit as an emergency measure due to safety concerns of standing water. The limit is in force until repair works can be carried out.
To give you an idea of the context, according to the Daily Mirror the most prolific speed camera in the UK last year was on the A40 near Oxford, catching 49,000 motorists over 12 months. This one alone has apparently recorded over 60,000 offences in a matter of weeks!
It seems to have been compounded by the fact that the 40 limit signs are small, they’re not particularly well lit, some are obscured by trees and sat navs have not been up- dated.
A number of motorists have joined a Facebook group demanding action and ten MPs have written to London’s mayor, Sadiq Khan, demanding action be taken.
The Law
Usually when there is a change of speed limit there is public consultation followed by public notification. On this occasion it was an emergency order which dispenses with the usual procedure, hence the sat navs weren’t updated.
The signs however are small and unlit, and there was a rogue 50 sign. Many hundred motorists are taking their cases to court on that basis. However the police have refused to withdraw any of the cases saying the signs were erected in October, two months before speed enforcement started, they are adamant that although the signs are small (and have since been changed to larger ones) they were sufficient at the time, and the rogue 50 sign was so close to the end of the speed
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enforcement area (it’s an average speed camera) it would have made no difference.
Legally, it is a very difficult position to be in because there are two sides to this coin. Many people have been recorded multiple times over a short period and are suddenly facing the very
real prospect of dis-
qualification. These arguments ultimately will be for the courts to consider. In practice a few of these cases are going to proceed to trial, and both the police and many defendants will be looking on nervously to gauge the court’s reaction and see whether thousands of motorists will be found guilty or not guilty.
What can Professional Drivers do?
Always pay attention to road signs. There is a well- established legal principle that you cannot blindly follow your sat nav and that road signs will always take precedent.
If you have found yourself on the wrong side of confusing signage, seek legal advice. You should be offered a speed awareness course or fixed penalty of three points if the speed is low enough, and we would always recommend seeking legal advice before deciding whether to challenge or whether to accept.
Cyclist trying to film driver on his phone is prosecuted for cycling without due care & attention
https://shorturl.at/ltN17
In a growing number of cases, which the police call Operation Snap, cyclists and pedestrians are encouraged to submit footage of drivers breaking the law. In particular, Patterson Law has seen an influx of cases where cyclists have filmed drivers using their phones whilst driving.
The Law
It is an offence to drive a vehicle (which doesn't necessarily mean moving, driving could even mean stationary in traffic) on a road (i.e. not necessarily a car park) whilst using (for any reason) a handheld phone (i.e. it must be held in your hand). If there is footage showing you doing all of these things, then that should be enough for the court to convict.
One of the questions we often get asked is whether the cyclist should be prosecuted for invading someone’s privacy or if they were cycling dangerously? And whilst that has happened in this case, it doesn’t happen often. Usually you see the police go after the driver, but not the cyclist. Even if they do go after the cyclist for riding carelessly, it doesn’tt necessarily mean they won’t prosecute the driver at the same time.
MARCH 2024 PHTM
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