Did you know that in the UK, speed limit signs should be clearly visible and not obscured by anything that could prevent a driver from seeing them. On restricted roads, where the relevant system of street lighting is not present, speed limit signs must be erected, visible and well maintained. In accordance with section 85(1) of the Road Traffic Regulation Act 1984, the speed signs must be present and erected and maintained by the national authority, so that a driver can observe the appropriate speed limit for that particular road.
85.— Traffic signs for indicating speed restrictions.
(1) For the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road, it shall be the duty of the national authority in the case of a road for which the national authority is the traffic authority, to erect and maintain traffic signs in such positions as may be requisite for that purpose.
Therefore, if a speed limit sign is hidden by an overgrown tree or any other object, it could be argued that it was not clearly visible and, therefore, a driver may not have been aware of the speed limit in that area. However, it would ultimately be up to the court to decide whether the driver’s argument is valid. In the case of Coombes v DPP [2007] a motorist won a case where the speed limit sign was obscured by an overgrown hedge. The High Court Judge ruled that the motorist did not have sufficient warning that he was passing from a 40mph zone into a 30mph stretch. In summary, it was found that a speed limit sign must be clearly visible to a motorist on the approach and give the motorist enough time to allow them to reduce their speed to the new speed limit indicated by the sign.
The burden of proving that a sign is defective by design or location falls on the defendant to the civil standard. (This means on the balance of probabilities as opposed to beyond reasonable doubt.)
It’s worth noting that drivers have a responsibility to be aware of the speed limit in an area and to drive at a safe and appropriate speed regardless of whether or not a speed limit sign is visible.
Where a driver is found to be exceeding the speed limit in an area where the sign is hidden, they could still face prosecution for careless or dangerous driving, if their driving is considered to be below, or far below, the standard of driving expected of a competent and careful driver.
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10 Comments
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Paul Barton
on September 27, 2023Do speed limit signs need to be mounted intentcally both sides of the road?. Or can one be attached to a lamppost and one to a standard post without illumination if within 50 metres of street lights. If council has erected illuminated posted but mounted speed signs on other posts are the signs legal
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motoroffence
on October 9, 2023Hi Paul,
Speed limit signs simply need to be visible, legible, and erected in a position that gives the driver adequate warning of a change in speed limit. This would include being visible whilst driving at night. Signs on either side of a road do not need to be identical as long as they meet that criteria. If you have been charged with a speeding offence and dispute the adequacy of the signage in the area, please give us a call on 0161 274 5580 to discuss it with one of the team.
We hope this helps,
The Geoffrey Miller Team.
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Andy
on January 8, 2024On Sunday 7th I went through Woburn sands area (station road) twice, there was no sign of a 30 but I wasn’t sure. I was doing round late 30s. There was a hidden speed camera I found out. I should have used waze app days before. Waiting for nip, what do I need to do
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Motor Offence
on January 17, 2024Hi Andy,
Once the Section 172 request for driver details arrives with the notice of intended prosecution, you will need to respond within 28 days with your details, to avoid a charge of failing to furnish driver details. You could then be offered a fixed penalty or sent a single justice procedure notice. If you dispute the alleged speed, take issue with the signage, or would like help navigating the process, please give the office a call on 0161 274 5580.
Kind regards,
The Geoffrey Miller Team.
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Stuart Morris
on May 15, 2024Is it lawful for large campaign posters (eg Think Bike) to be mounted underneath speed limit signs, on the same post?
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Motor Offence
on May 16, 2024Dear Stuart,
Thank you for leaving a comment on our website.
Speed limit signs should be clearly visible and not obscured by anything that could prevent a driver from seeing them. On restricted roads, where the relevant system of street lighting is not present, speed limit signs must be erected, visible and well maintained.
If a speed limit sign is hidden or obscured in any way by the poster, and an offence were committed due to the speed limit sign being obscured, it could be argued that it is not visible and therefore provide a defence.
We hope this assists.
Kind regards
Geoffrey Miller Solicitors -
Jmaie Ranford
on June 10, 2024Good Morning
I have received a NIP for 27 in a 20 zone. The road had historically been a 30 and I was well aware of the camera hence my speed. On retunring to the scene, the two signs that preceed the camera are obscured with grey spray paint. I emailed the camera office today and they have point blank refused my mitigation.My defense is the signs were obscured by either grafitti or a.n.other and therefore I took the road to still be a 30. No markings on the floor, no schools in the vicintiy etc.
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Motor Offence
on June 12, 2024Dear Jamie,
Thank you for your query.
Under section 85 of the Road Traffic Act 1984, it is the duty of the traffic authority to erect, maintain and alter traffic signs in such positions to give adequate guidance to drivers.
Section 85(4) of the act provides that a person may not be convicted in circumstances where adequate signage is not provided. Previous case law has established that minor deviations on the signage should be disregarded, however if the paint covered so much of the sign that the guidance on the speed limit was inadequate, you may be able to rely on this defence.
Please call us on 0800 652 5273 so we can assist you on the matter further.
Kind regards,
Geoffrey Miller Solicitors -
George Sharpe
on June 12, 2024I drove from a 40 into a 30 limit . There was no street lamp posts. The sign with the village name and 30 speed sign on the left was completely blocked by a delivery van. The opposite sign was overgrown by tree branches and I didn’t see it at all. I thought I was still in a forty I got a NIP for 35 in a 30.
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Motor Offence
on June 18, 2024Dear George,
Thank you for your query
Under direction 8 of the Traffic Signs General Directions 2002, a traditional speed limit sign must be placed on each side of the carriageway at the point at which the speed restriction starts. Under section 85 of the Road Traffic Act 1984, it is the duty of the traffic authority to erect, maintain and alter traffic signs in such positions to give adequate guidance to drivers.
In Coombes v DPP [2007] RTR 31, which was another case where vegetation covered the speed limit sign, the court interpreted section 85 to mean that the signs should convey the limit to an approaching driver in sufficient time for them to reduce from the previous speed to a speed within the new limit. This means that the driver should not be convicted of the offence of speeding if they have not had adequate guidance. Based on the information you provided us, this defence may be available to you, if it would not be reasonable to expect you to see the signs given the circumstances.
Please call us on 0800 652 5273 so we can assist you on the matter further.
Kind regards,
Geoffrey Miller Solicitors
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