ROG:
I have recieved this e-mail which gives the definitive speed for LGVs on a contraflowed DUAL carriageway - this is where, for example, a 2 lane each way dual is now one lane each way on one side of the central reserve and the traffic is seperated by plastic cones.The info I was given from just about every police traffic officer on this issue has been that if the posted speed limit is 50 then it’s 40 for LGVs - this, however, refutes that info and gives the LEGAL definitive from the DfT lawyers who make the rules.
Bottom line - if the posted limit is 50 in such a situation then it is also 50 for LGVs.
Subject
Dual carriageways
I have finally received a legal view on that single/dual carriageway
issue.
The Department’s view is that the road continues to be a dual carriageway
even when one side of that carriageway is, for whatever reason, not in
operation. Speed limits applicable to dual carriageways therefore
continue to be appropriate. Unless of course the traffic authority lowers
the speed limit.
The argument lies in the legal definition of a dual carriageway being a
road “part of which consists of a central reservation to separate a
carriageway to be used…” The interpretation here is “to be used” not “is
used” which suggests very strongly that the central reservation need only
exist, it need not be fulfilling its function of separating traffic.
Therefore, if one side of a dual carriageway is shut, the speed limits for
dual carriageway apply until a traffic order is made reducing that limit.
If a 60mph order is made;
all vehicles should travel at 60mph, except HGVs over 7.5 tonnes as they
are subject to a 50mph limit on dual carriageways.
If a 50mph order is made; All drivers should stick to 50mph
Obviously only a court may determine when a road is or is not a dual
carriageway based on any evidence presented to it. The same applies to
drivers exceeding speed limits.
So, once a dual carriageway, always one!
Jerry
Jeremy Moore
Chief Superintendent
Police Liaison Officer
DfT/HO Road Crime/ACPODelboytwo and I were looking into this as we have been given different info - this confirms the info that Delboytwo was given
Unfortunately i believe that the bit i have highlighted in bold is the get out for the Chief Super. Basically he is saying that although the dept may have that opinion if a court were to decide otherwise then so be it. This leaves the door wide open for drivers to be prosecuted and for the courts to decide once and for all.
Of course, it may be that no Police force or the CPS would wish to pursue what would become a test case because if they lost…the consequences could be significant. How many trucks have been done in these circumstances?
How many drivers have just paid up without arguing?