Speeding, 36mph in a 30mph zone
In a 30mph zone where street lighting is being used to indicate a restricted road is their any law to say how close to the road the lighting must be, in the road where I was caught the street lamps are 5.2 metres high, one of the lights is over a foot path and is 7.6 metres away the the side of the road also the light shines directly down on to the foot path not angled to light the road-way like some of the others are.
The road traffic act mentions height and distance apart but no mention of distance from the kerb.
Also they are using two different types of lamp post, some are concrete and some are steel painted green they also have two different types of light on top some are at an angle and others point straight down which makes the whole road quite confusing as you are not sure what each light is illuminating, the road or the foot path, can they mix styles of lamp posts like this?
The court will look at the purpose of the street light rather than the distance from the road. They will be looking to see whether or not the purpose of the lighting is to illuminate the carriageway or to illuminate the footpath.
It’s a tricky issue and it would be one for the court to decide.
It also has to be a system of street lighting – so if there are lots of different types of lights you maybe able to argue that they are just random lights rather than a system.
Where are you at with this one?
Have you got a summons to court or just a NIP.
Have you got any points on your licence already? If so, how many?
This is the type of case where it will come down to the decision of the court on the day.
Come back to me if you would like my help with it.