#2 Speeding in smart motorway closed lane
on 08 Jan, 2025 19:24 in The Flame Pit
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.