hiouija
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You sound like you've had previous experience at this, successfully?? and there's a bit missing out of the end of your message
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you are quite right, don't breach the peace in the presence of a police officer!! as it was: I was very polite with the officer and asked if I was obliged to get out of the car and asked if I was obliged to give details and sign his notice. I was never arrested. He refused to answer my polite questions and threatened damage to my personal property and incarcerate me if I did not comply. As it stands we are NOT obliged to get out of the car or sign / agree to their contract. In court the officer agreed that I was polite and asked questions but the magistrates insisted that I moved my questioning on when we got to the point of a police officer using threatening behaviour. Annie: check your highway code: speed limit on a Dual carriageway for a car is 70mph! Street lights: most motorways and dual carriageways have street lights - does this mean that they are all 30mph???
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Thanks for your enlightenment, I probably won't pursue it any further. Just to clarify: 'Carriageways' refer to the separated directions of travel, NOT the number of lanes. The local highways agree that it IS a dual carriageway, it should therefore have restrictions if they are going to be enforced! The Traffic Signs Regulations and General Directions 2002 Section 8 - Restrictions need to come in the form of a pair of 'Terminal signs' at the start of the restriction and smaller repeater signs every 200 yards, otherwise it is unenforceable.
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this isn't just 'my opinion' - officials from the local authority have stated that it IS a dual carriageway! It is irrespective of the number of lanes... it is to do with the central reservation! - The Traffic Signs Regulations and General Directions 2002 Section 4 - “dual carriageway road” means a road which comprises a central reservation and “all-purpose dual carriageway road” means a dual carriageway road which is not a motorway;
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just for seeking understanding and clarification on liability - £800 & double points!! that's justice!!
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ROFL - yay wd me!!
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It was the magistrate's opinion that it wasn't a dual carriageway - it doesn't necessarily mean they are correct!
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even the local authority have agreed that it IS a Dual Carriageway!!
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The magistrate congratulated me on a well presented case!
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I see your point, You may just be at the crux of the argument - the RTA uses the word 'usually' which is totally ambiguous - Unless you see signs showing otherwise, a limit of 30 miles per hour (mph) or 48 kilometres per hour (km/h) usually applies to all traffic on all roads with street lighting - but also: (2) Where a sign shown in a diagram whose number is indicated in column (2) of an item in Schedule 17 is placed for the purpose of conveying to vehicular traffic a warning, information, prohibition, restriction or requirement which applies only at certain times, the sign need only be illuminated, and in the case of the sign shown in diagram 776 shall only be illuminated, in accordance with that Schedule at those times. An unrestricted dual carriageway has a 70mph limit If no restriction is in place, then how can it be enforced?
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The Magistrates actually congratulated me on a well presented case
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answering a question from another forum user - 'havinastella'
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what is a pseudo FOTL? I still haven't heard anything that makes any sense of the trauma and confusion that has been caused by over zealous officers keen to raise funds using a form of 'stealth tax'.
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It's not dependant on the number of lanes, bus lanes or street lights - The Traffic Signs Regulations and General Directions 2002 Section 4 - “dual carriageway road” means a road which comprises a central reservation and “all-purpose dual carriageway road” means a dual carriageway road which is not a motorway; for all those who've done their speed awareness course - they will be aware that the speed limit on a dual carriageway is 70mph!
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travelling south at 56mph, entering dual carriageway at Falcon St. Police were at Cowling st. at the end of the dual carriageway. Policy enforcement is one of the roles of the police officer, not acting under his/ her oath but rather acting as an enforcement officer for corporate policies (government, agencies, police and local authorities are all Corporations registered at companies house)
