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I have been sent a NIP from Nottingahmshire police for 50 in a 40 limit.   The road in question leads from the M1 and is dual carriageway national speed limit. It ends with a roundabout then into a road heading tonot Nottingahm in the Clifton area with 2 lanes on my side and a single lane on the other side, but not a dual carriageway as there is no central reservation. It is not in a built up area.  I was clocked at 50 mphon this section and the road has a speed limit of 40 Mph.   I am a cautious driver, was not is a rush and looked into why I did not know this stretch of dual lane carriageway had a reduced limit.   Using google maps , around 50 feet from the roundabout there is a small 200mm 40 mph sign mounted low on a post on the left hand side, this post is damaged and bent backwards away from the direction of traffic and the sign is around 5 feet from the ground.  On the right hand side there is a similar 40 mph sign 200mm diameter fixed to a lamp post, however this one is totally obscured by anti dazzle panels located in the central reservation at the roundabout and cannot be seen at driver level until atound 20 feet from the sign, it can be easily obscured by traffic in the approaching lane.  There are no terminal speed limit signs of required min 600mm diameter at the start of this section and the previous section of road was national speed limit dual carriageway 70mph.   At no stage along the 40mph stretch of road to the next roundabout are there any repeater signs for 40mph.   Having checked the Traffic Signs Manual chapter 3 regulatory signs on the government website  there should be    2 x terminal signs on posts either side of the road with at least 600 mm diameter notifying the start of the 40 mph limit.  and then repeater signs along the road to the next junction.  I beleive in court that my mitigation is that there is not suffiecnet indication that this stretch of road has a reduced speed limit from the one leading to in prior to the roundabout.  The local authority have provided the regulation signage as required, and the smaller than specified signage is 1.  invisible to the drivers, 2. located in a damaged post and easily obscured by other traffic.  How eould any driver know that this section of road, whihc appears to be exactly the same as the national speed miit road has a reduced speed requirement.

I have confirmed I am the keeper and would plan to represent myself in court, but want the opinion of the forum on this matter.  If not guilty due to the mitigating circumstances, I would argue that Nottinghamshire police may be aware of the lack of signage and is using this stretch of road as a cash cow. and that all previous prosecution, fines and penalty points for speeding on this section should be null and void and refunded.

What are your thoughts?



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From the screenshot provided...

There is a system of street lighting, so (as this is not a motorway) the speed limit would be 30mph unless there is a traffic order to the contrary. In practical terms this means that the speed limit would be 30mph unless there are signs to the contrary.

The 40mph repeater in the screenshot appears to be perfectly visible.

As there is a system of street lighting, the defence of inadequate signage (s. 85(4) Road Traffic Regulation Act 1984) does not apply. However, if you can persuade the court that a careful and competent driver would not have been aware of the 40mph limit, there is potential for Special Reasons Not To Endorse, or if your evidence is sufficiently compelling, for the prosecution to drop the case.

And as DWMB2 has already said, if coming from the direction of the M1 along the A453 (Remembrance Way) the OP would have passed the 40mph terminal signs just before reaching the Mill Hill roundabout

Course generally offered for recorded speeds up to and including 53mph in a 40mph limit.

Course not offered if you drag the process out too long, so in your interest to reply promptly.