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M42 Speed Sign Error

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Thousands of motorway speeding convictions could be overturned due to a signage error on the M42. The font used to display the numbers on some variable speed limit signs may not have complied with traffic regulations according to the CPS.

The numbers displayed on some variable speed limit signs on the M42 were taller and narrower than the regulations.

The signs were on two stretches of the M42, between junctions 3a and 7 and junctions 7 to 9 however the Highways Agency, which installed the signs, said they believe the signs are correct and conform to the regulations.

The Highways Agency was alerted to this error back in November when the CPS alerted Warwickshire Police to the irregularity. As a result, police took the decision to stop using the signs as a means of enforcement and dropped prosecutions they were intending to pursue on the stretches of road affected.

Ginny Clarke, director of network services for the Highways Agency, said: “When it was first brought to our attention in 2009, we felt it was quite clear what these numbers were and how visible they were to the road user.”

In a statement, Warwickshire Police said: “An issue arose over whether the variable speed limit signs which gave indication of the variable speed limits complied with the Traffic Signs Regulation and General Directions 2002. The issue related to the shape of the numerals in the signs. Warwickshire Police were made aware of this issue on November 8, 2012.

“As a consequence Warwickshire Police decided to suspend enforcement of these cameras until the issue was resolved. The issue has now been resolved by the DfT signing an authority for the use of these signs on November 27, 2012. Warwickshire Police recommenced enforcement of the cameras on 1st January 2013.”

Former police officer, Richard Bentley, told the BBC he thinks it would only be fair if previous speeding fines, points and driving bans are to be reconsidered saying: “There should be a situation where cases are opened in the magistrates’ court to have the cases reheard and the convictions quashed. If there are no traffic signs the Act of Parliament prohibits the conviction and these are definitely not traffic signs.”

If you would like to contest a speeding offence get in touch with our solicitors

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