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I've been sent an NIP for speeding but the speed limit sign was obscured - can I appeal?
I have received a Notice of Intended Prosecution - I was travelling at 35mph in a 30 limit, this in a rural area without street lighting. The 30mph repeater sign was partially obscured by a hedgerow. The distance between the 30mph repeater sign and the next, which was a 40mph, was some 500+ yards. The police van was positioned just before the 40mph repeater sign.
Is there a minimum/maximum legal requirement for distance between repeater signs? Should repeater signs be maintained so they remain unobstructed or unobscured? Do I have grounds to appeal the speeding prosecution, given the details outlined?
Is there a minimum/maximum legal requirement for distance between repeater signs? Should repeater signs be maintained so they remain unobstructed or unobscured? Do I have grounds to appeal the speeding prosecution, given the details outlined?
Asked on 18 July 2023 by Peter Ede
Answered by
David Ross
The regulations for road signs are long and detailed, which makes it a challenge for the general public to scrutinise them with any accuracy. As far as we can determine there are no regulations dictating the distance between repeater signs.
However, it is a requirement that road signs are visible and are not obscured by foliage. We have seen reports of speeding cases thrown out because the driver was able to provide photographic evidence that the signs were obscured by overgrown hedges. We would suggest returning to the site and taking photographs of the sign as soon as possible.
A useful piece of advice given to us by another reader is have a newspaper headline in the side of any picture. This shows the issue existed at that date and helps if it is fixed and they try and claim it was never an issue.
Given the speed you were travelling was only slightly over the limit there is a good chance you will be offered a speed awareness course. This usually costs around £100 but does not need to be declared to your insurers and means no endorsements on your driving licence.
If you decide to take this to court you will lose the option of a speed awareness course, and if your case is unsuccessful it will likely mean three penalty points and a fine, so ultimately you will have to make a choice on this basis.
However, it is a requirement that road signs are visible and are not obscured by foliage. We have seen reports of speeding cases thrown out because the driver was able to provide photographic evidence that the signs were obscured by overgrown hedges. We would suggest returning to the site and taking photographs of the sign as soon as possible.
A useful piece of advice given to us by another reader is have a newspaper headline in the side of any picture. This shows the issue existed at that date and helps if it is fixed and they try and claim it was never an issue.
Given the speed you were travelling was only slightly over the limit there is a good chance you will be offered a speed awareness course. This usually costs around £100 but does not need to be declared to your insurers and means no endorsements on your driving licence.
If you decide to take this to court you will lose the option of a speed awareness course, and if your case is unsuccessful it will likely mean three penalty points and a fine, so ultimately you will have to make a choice on this basis.
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