Pending court case re: speeding fine. Advise?

  • Thread starter thedoghouse
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thedoghouse

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Hi there,

Just reading the other topics regarding court cases, and people here gave great advise, so i'm hoping you can do the same for me!

I received a speeding ticket in the post around April this year. It stated that I was travelling 68km/hr in a 50km/hr zone.

Now, I travel this road quite a bit, and I always assumed that the speed limit there would have been 80km/hr ( I have since travelled the road at 50km/hr and caused a Que of cars behind me!!!)..

When I got the ticket, I planned on paying it, but later that day I travelled that route again and found that there were no max speed limit signs.

I decided to look into it further, to see how you can tell the speed of the road when it is not indicated.


Town and city speed limits (50 km/h)...A speed limit of 50 kilometres per hour is in place in built-up areas (other than motorways or special speed limit zones).

National road speed limits (100 km/h)A speed limit of 100 kilometres per hour is in place on all national roads (including dual carriageways) throughout Ireland.

Regional and local speed limits (80 km/h)...A speed limit of 80 kilometres per hour is in place on all regional and local roads (sometimes referred to as non-national roads).

Motorway speed limits (120 km/h)A speed limit of 120 kilometres per hour is in place for all mechanical vehicles on all motorways. You should note that learner drivers, vehicles under 50 cc, bicycles, pedestrians, animals and invalid carriages are not allowed on motorways in Ireland.

Special speed limits (30 km/h or 60 km/h.)Special speed limits are sometimes applied to designated roads and zones (mainly, for example, on roads on the outside of built-up areas, around schools, etc.). Special speed limits are generally for 30 km/h or 60 km/h. Local authorities in Ireland have the power to introduce bye-laws to set special speed limits in designated areas. Read more about powers of local authorities here.



I then looked up the definition of a non-national road, and found it to be a road denoted with the either letter l or r, which this road is. So this indicates to me that the speed limit on this road should be 80km/hr.


I contacted the guards loads of times. In writing, phone calls, and in person. I explained my points (as above) and I told them that I found it difficult to accept the points and fine when, in my view, I didn't break any rules. They could never explain to me why the speed limit was 50km/hr. They just told me each time to wait for my summons and appeal it.



Now that the summons has come, i'm freaked! I hate to speak in big crowds, so im going to feel really awkward and i wish now that I had just paid it!!



Does anyone have any words of wisdom for me???


Cheers!
 
Many local authorities have been dropping speed limits over the past decade in concert with the latest penalty points system.

If you're done for doing what used to be termed "45 in a 30" [mph] I'd start saying Novenas - 40 is the limit above which impacting a pedestrian tends to result in a fatal accident - under 30 mph impacts they have a chance. Ever see shoes on the road at the scene of an accident? That's usually where the pedestrian was standing when the car struck.

However there are a few things you might do; -

1. Contact the Local Authority and discover whether they have passed a Bye-Law setting the speed limit on that road at 50 kph.
2. If they have, then that is the limit and , sign or no sign you have a difficulty - such new speed limits are normally advertised in the local papers. etc, and ignorance is no defence in some matters before the Court.
3. If they didn't and it was an 80kph limit before, you may have some defence, as it could still in fact be an 80 kph limit - even a 60kph limit could lessen your offence.
4. But if you travel the course and arrive at the road from from a known 50 kph limit area [the last visible road speed limit sign sign] onto the section in question and the road opens out but there is no "80kph" limit sign, technically you're still in a 50kph limit area - the speed doesn't change because you're on a better road with less junctions.
5. However, if the last speed limit sign was an 80 kph sign the lack of any road sign on the section in question may work in your favour- and you should photograph the entire road from one end to the other in both directions including lead ins to it and lead outs from it in order the prove there is no 50kph limit sign - new "official" limit or no.
6. Particularly onerous are the temporary speed limits adopted by some Councils coming up to roadworks [Wicklow have done this just past the Glen of the Downs travelling south on the N11] as the temporary speed limit signs can be obscured by foliage or in an unusual position and you can miss them if you're overtaking high-sided vehicle.

FWIW

ONQ
 
thanks very much for your advice. I have been searching through the county council website to try and find out more information about the speed limits of cork roads but i have had little success ;(
 
it was the rochestown road. I had come off the link and was heading in the direction of passage west. I travelled from the link to the harty quay apartments so it was somewhere along that road.
The road is the r610.
 
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