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#Post#: 52034--------------------------------------------------
Re: Have I been caught?
By: gumph69 Date: January 5, 2025, 12:11 pm
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Thank you all for your replies
FYI, I never received a PCN and 2 months have passed
Fortune has smiled on me
Happy New Year
#Post#: 52115--------------------------------------------------
Restriction on speed and lane closure on Smart Motorway
By: Archer Date: January 6, 2025, 8:03 am
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Travelling on the M27 smart motorway, there were lane closures
and a 40mph limit due to an vehicle stranded on the highway. I
immediately reduced to 40 and the vehicle in question was in the
inside lane with a motorway patrol vehicle and the site was
coned off. Once I had passed and it was safe to do so (four
lanes clear and very little traffic - 10pm) I edged back to the
left lane and started to increase speed. However, the gantry
still showed the lane closed and the limit in place. I know I
contravened the restrictions but as this was about a quarter of
a mile past the stranded vehicle and the road was clear, I
(probably) wrongly assumed it was OK. Needless to say the gantry
had cameras and I was flashed. Not sure what speed I was up to
but over 50. I am now waiting for the NIP to drop through the
letter box. Not sure if it will do me for speeding and lane
violation. The question is, is there any defence of restrictions
being in place for no reason?
#Post#: 52212--------------------------------------------------
Re: Have I been caught?
By: NewJudge Date: January 6, 2025, 4:16 pm
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[quote] ...is there any defence of restrictions being in place
for no reason?[/quote]
No reason so far as you know. Unfortunately the decision was not
yours.
#Post#: 52505--------------------------------------------------
Speeding in smart motorway closed lane
By: Archer Date: January 8, 2025, 1:24 pm
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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.
#Post#: 52754--------------------------------------------------
Re: Have I been caught?
By: BertB Date: January 10, 2025, 4:37 am
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Has it been over 14 days since the offence? If so, unlikely. If
not, possible but unlikely.
#Post#: 52756--------------------------------------------------
Re: Have I been caught?
By: mickR Date: January 10, 2025, 4:45 am
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as the OP has now received a NIP is this not now a live case??
they HAVE been caught.
#Post#: 52759--------------------------------------------------
Re: Have I been caught?
By: BertB Date: January 10, 2025, 4:56 am
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The question seems to be around 'will I get a second NIP' rather
than needing help with the received NIP.
#Post#: 52769--------------------------------------------------
Re: Have I been caught?
By: Archer Date: January 10, 2025, 5:26 am
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Thinking this one out - I have done in a closed lane (accepted)
but I am now thinking a closed lane, by default, cannot have a
speed limit (other than the designated limit for that
classification of raid). Thus, the only offence can be driving
in a closed lane.
#Post#: 52774--------------------------------------------------
Re: Have I been caught?
By: 666 Date: January 10, 2025, 5:35 am
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[quote author=Archer link=topic=4.msg52769#msg52769
date=1736508413]
Thinking this one out - I have done in a closed lane (accepted)
but I am now thinking a closed lane, by default, cannot have a
speed limit (other than the designated limit for that
classification of raid). Thus, the only offence can be driving
in a closed lane.
[/quote]
The flaw in your argument is that the posted limit applies to
thee whole carriageway, not just the lanes above which it is
displayed.
#Post#: 52879--------------------------------------------------
Re: Have I been caught?
By: gumph69 Date: January 10, 2025, 12:12 pm
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Have I been caught? seems to have all sorts of different issues
mixed together. I keep getting notifications but they are not
part of my thread
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