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#Post#: 20631--------------------------------------------------
Re: Can roads have separate speedlimits in opposite directions?
DIR By: andy_foster
Date: April 25, 2024, 1:24 pm
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Getting back to the original question - it would see logical to
re-write it along the lines of-
"If an Order purported to impose different speed limits in
different lanes* intended for different direction of travel on a
single carriageway road, would such an Order be lawful" - which
could then be considered as to whether it was intra or ultra
vires in respect of the enabling legislation, and whether it
fell foul of some other public law rule (such as being
Wednesbury unreasonable), or was for some improper purpose.
Presumably, we are considering Orders made under the authority
of s. 84 RTRA 1984. This provides for speed limits to be applied
to a "road".
"Road" is defined in s. 142 (for England and Wales) as "any
length of highway or of any other road to which the public has
access, and includes bridges over which a road passes"
Absent any case law on the narrow point, it would seem to depend
on whether a judge decided that the operative word was "any" or
"length".
* Perhaps the first "obvious" question would be whether we were
discussing different speed limits for the westbound and
eastbound lanes (for example) of a single carriageway road, as
opposed to different speed limits for the entire width of the
carriageway depending on direction of travel.
Whilst "any length" of road might be interpreted to include the
westbound lane but not the eastbound lane, unless vehicles
travelling westbound could be considered a separate class of
vehicle, I'm struggling to see any [i]vires[/i for the latter.
#Post#: 21352--------------------------------------------------
Re: Can roads have separate speedlimits in opposite directions?
DIR By: ivanleo
Date: May 2, 2024, 2:51 pm
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--- Quote from: andy_foster link ---
>
> * Perhaps the first "obvious" question would be whether we
were discussing different speed limits for the westbound and
eastbound lanes (for example) of a single carriageway road, as
opposed to different speed limits for the entire width of the
carriageway depending on direction of travel.
>
--- End Quote ---
I like this idea, it would mean that when you're overtaking and
you're in the faster lane you can go that much faster.
#Post#: 21391--------------------------------------------------
Re: Can roads have separate speedlimits in opposite directions?
DIR By: slapdash
Date: May 3, 2024, 2:28 am
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You could move to Spain.
An extra 20 kp/h is allowed when overtaking on non urban SC
roads
#Post#: 21403--------------------------------------------------
Re: Can roads have separate speedlimits in opposite directions?
DIR By: ivanleo
Date: May 3, 2024, 4:27 am
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--- Quote from: slapdash link ---
>
> You could move to Spain.
>
> An extra 20 kp/h is allowed when overtaking on non urban SC
roads
>
--- End Quote ---
I don't like warm climates, and they drive on the wrong side of
the road...
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