Free Traffic Legal Advice

Hi there,

I'm hoping someone can help with advice regards what I feel is quite a unique speeding case

I have been caught doing 50mph in a 30 mph zone which I admitted to, so have received a SJPN, but there is more to it

Basically, I was speeding on a motorcycle in a small village of approx. 8 houses in Lincolnshire, no street lighting, and the national speed limit drops from 60 to 30 just before entering the village and just after leaving it

On the first bend to the village, just after the 30 signs there is a joining BYWAY of BOAT classification(according to a BYWAY MAP) and according to a friend who regularly goes 'Green Laning' down here

Now, I have cycled this BYWAY as part of a cycle route probably 50 times since moving to a nearby village approx 4 years ago, it starts at a golf club where I regularly go, which has a 60mph speed limit highway here, and ends within the village

Every time I cycle this route I leave the BYWAY, onto the highway heading home, due to this all I ever see on this stretch of road is 'national speed limit signs' when leaving the village, so my 'local knowledge' would be that I thought this stretch of road is 60mph, prior to this I have never driven 'through' the village

So on this day, I went to the golf club, the road had been resurfaced and it was shocking how much excess gravel was on the road. As I was on a motorcycle and this is a countryside lane I was driving at 10mph max between car tyre tracks, and a Range rover overtook me dangerously, throwing gravel up, hitting my almost brand new bike

It was because of this I decided to take the BYWAY route I was familiar with, which to be honest was a stupid decision, but either way 80% of the BYWAY is safer to travel than the condition of the road I came on

So basically, I entered the village off the BYWAY, You don't see any 30mph signs, I assumed due to no street lighting it was 60mph, and got caught doing what I thought was 10mph under the limit, but actually 20mph over the limit

The issuing officer has put on the SJPN that there is adequate signage on both entrances, which there is, but I don't think he realises that the track from the bend is another entrance that's a BOAT BYWAY, and there is no signage here to say you are entering a 30mph zone

Where the officer was parked was after the bend so he didn't know where I came from, he put from 'the general direction' of...

Now to be honest he was very professional, I argued I hadn't seen any signs, he was admant there was, I questioned signage and TRO's(I used to work in Highways) but I didn't disclose where I came from, as prior to this notice I wasn't 100% sure if I should have been using this BYWAY. At the time I was just going by my friends word of mouth that this was a 'green lane' and I've probably only seen him, a couple of other motocross riders, a Land Rover that looked like a farmer was driving it inspecting the fields and other cars parked with steamy windows.

I've pleaded 'not guilty' to the SJPN so I can explain my case

I genuinely believe a BYWAY joining a HIGHWAY has to show the speed limit at the junction, but it doesn't

The officer put his blue lights on the very second he see me doing 50 just after the corner, by this time I hadn't passed a repeater sign of '30mph'

The officer states there were 'multiple repeater signs in place' - There are 2 within the village, the one facing my direction was on the other side of the road and I hadn't seen it yet, the other is at he other end, and its leaning over facing 45 degree away from the highway

The officer put on his statement he was parked on the 'entrance of a farm track', it's actually a driveway to a house

I don't want to nit-pick these statements in court, but I'm really concerned about them believing I came down the BYWAY, not the HIGHWAY, as the motorbike I was on is almost brand new and not exactly a 'green laning' bike, its a sports bike, as I have only just acquired my licence

Can anyone please advise on how to approach this?

I'm seriously considering paying for a solicitor

I believe I could receive 4-9 points and up to a £1000 fine if I'm wrong about the BYWAY needing signage as I'm struggling to find a paragraph in the TSRGD about BYWAYS

I have taken pictures of all entrances

Have downloaded a BYWAY map that shows the BYWAY is named and of BOAT classification

I've downloaded the local councils TRO MAP

i'M just not sure if this has any legal standing in court if I self represent at court?

Any advice much appreciated

Have you got a streetview link of the area so we can take a look?

Thank you everyone for helping with this.

Link -

 https://www.google.com/maps/@53.3647742,-0.3295628,3a,75y,293.45h,79.3t/data=!3m7!1e1!3m5!1s8Lobl-H6YsndkaQxyBSCDw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D10.70045019244327%26panoid%3D8Lobl-H6YsndkaQxyBSCDw%26yaw%3D293.4532348488834!7i13312!8i6656?entry=ttu&g_ep=EgoyMDI1MDgxMy4wIKXMDSoASAFQAw%3D%3D

Link is the end of the byway facing the village

The Village is Linwood Village

The BYWAY is called Willingham Lane

Really appreciate the help

I also have picture of all entrances and repeater signs, but can't see any icons available to allow me to attach them to this post

Thank you

This image is coming into the village from the other direction

I'm not 100% sure you could call this 'clearly signed' given the foliage present

https://ibb.co/B5Y51pQm

Thank you for the help so far

On this basis, with me pleading not guilty, due to no signage on BYWAY entrance, and no street lights, making me assume national speed limit

Am I likely to be fined more for wasting a judges time?

Or could this potentially play in my favour by being able to explain to the judge the confusion, and why I pleaded not guilty?

Since this stretch has no streetlighting a TRO would be required to make it a 30mph limit. Have you examined that to see whether it mentions the byway? If the byway was  a normal road I imagine any TRO would mention where on it the 30mph limit begins (e.g. “50 metres from the junction with the Council Houses Road”).

That doesn't help with the lack of signage, but if the byway isn't mentioned it will strengthen your argument that it has been "forgotten" when imposing the limit.

Am I likely to be fined more for wasting a judges time?

It's more than likely that you will have to convince a Bench of three "lay" magistrates rather than a judge.

The guideline fine for the offence is one week’s net income. A guilty plea would see that reduced by a third, so obviously if you are found guilty following a trial you will lose that discount. As well as that, a guilty plea would see prosecution costs of around £90, but conviction following a trial will see that increase to around £650. You will also pay a “victim surcharge” of 40% of any fine imposed.