Show Posts - Archer

Thinking this one out - I have done in a closed lane (accepted) but I am now thinking a closed lane, by default, cannot have a speed limit (other than the designated limit for that classification of raid). Thus, the only offence can be driving in a closed lane.

Question for the legal eagles. I have received a NIP for driving in a closed lane on a smart motorway. Guilty as charged and it was a result of moving back to the inside lane after the closing restriction (stranded vehicle) had been well passed and the road was clear. The question is, the other three lanes were on a 40mph gantry marked restriction and my NIP shows I was doing 51mph when flashed - The NIP only states the Section 36(1) of driving in a closed lane. My non-legal head thinks that if a lane is closed, by default, there can be no speed limit in that lane so provided speed was under the national limit, I can only be charged with the lane closure offence. As I say, I accept the NIP but am I likely to get a second NIP from the same camera for exceeding the 40mph limit imposed on the other three lanes. Hoping for a Motorway Driving Awareness Course rather than points/fine.

Travelling on the M27 smart motorway, there were lane closures and a 40mph limit due to an vehicle stranded on the highway. I immediately reduced to 40 and the vehicle in question was in the inside lane with a motorway patrol vehicle and the site was coned off. Once I had passed and it was safe to do so (four lanes clear and very little traffic - 10pm) I edged back to the left lane and started to increase speed. However, the gantry still showed the lane closed and the limit in place. I know I contravened the restrictions but as this was about a quarter of a mile past the stranded vehicle and the road was clear, I (probably) wrongly assumed it was OK. Needless to say the gantry had cameras and I was flashed. Not sure what speed I was up to but over 50. I am now waiting for the NIP to drop through the letter box. Not sure if it will do me for speeding and lane violation. The question is, is there any defence of restrictions being in place for no reason?