Speeding question

This one will have a twist :smiley: This is also true…
A mate of mine got pulled up by the police in the dock in his car. He was told the LTI 20 20 camera registered him doing 41 mph and the speed limit (as signed) is 25mph, so he’s off to court. He is charged with not complying with the docks bylaws, specifically law 8 …(my abreviation >)…must comply with signs, notices and barriers etc…
Also we know two other people who have fell foul of the same and pleaded guilty by post and got three points and a £60 (i think) fine. He’s up in court this month, what do you reckon his chances are of getting three points?

Is it classed as a public highway and if yes, is the signage legal as per ROAD TRAFFIC ACT :question: :question: :question:

Mike-C:
He is charged with not complying with the docks bylaws, specifically law 8 …(my abreviation >)…must comply with signs, notices and barriers etc…

3 points for not complying with a byelaw ■■?

where does it say that is the penalty ■■?

McPloppy ©:
3 points for not complying with a byelaw ■■?

where does it say that is the penalty ■■?

Hi McPloppy © , Whilst I have no idea what bye-law 8 says, I’ll ask a question…

Could it be that Dock Bye-law 8 says that the Road Traffic Act applies on our premises or on our land ?

Road Traffic act does apply to the dock area as confirmed by me emailing the Dock Police. McPloppy is close though, the maximum penalty for contravention of any of the bylaws is set out in the bylaws ( i got a copy :smiley: ), its £50. I did have a break through result though…

whatdotheyknow.com/request/1 … mpbell.doc

If you click the above link it will download a word document.

whatdotheyknow.com/request/2 … eed_limits

its not done and dusted yet, its still to go to court. What the chances of points do ya reckon? :smiley:

Is the docks run by the Local Authority?

The letter states that they have no record of a “Local Authority”, which normally means County Council or equivalent, applying for a 25 mph restriction.

IMHO you would need to find out if the authority responsible for the docks is defined as a “local authority” for the purposes of the legislation quoted.

Off work now for two days. Got some running around to do tomorrow (Tuesday) and its in court on Wednesday morning, Sefton Magistrates. I’m his ‘advisor’ :smiley: I can be found in the Wetherspoons just opposite the court from 7.30am onwards !! They do a nice brekky, and in the afternoon we’ll either be celebrating (on him) or i’ll be drowning my sorrows (on me) ! Wish us luck :smiley:

Mike-C:
Off work now for two days. Got some running around to do tomorrow (Tuesday) and its in court on Wednesday morning, Sefton Magistrates. I’m his ‘advisor’ :smiley: I can be found in the Wetherspoons just opposite the court from 7.30am onwards !! They do a nice brekky, and in the afternoon we’ll either be celebrating (on him) or i’ll be drowning my sorrows (on me) ! Wish us luck :smiley:

I’ll wish you luck Mike. :smiley:

I think my learned friend ROG QC might have a free day tomorrow, so getting your friend off with ‘life’ for that speeding ticket won’t be much of a problem. Bargain midweek rates too!! :laughing: :wink:

Good news and bad news. Alittle bit convoluted but here we go…
Summons said charge of breaching Byelaw 8 of Quays,piers and Jetties byelaws. Summons also said the offence carries penalty points.
Mersy docks and harbour act says road traffic act and road traffic regulation act do apply to the roads in the dock. We argued that the road traffic offenders act made provision for penalty points for transgressions of the road traffic act, which he was not charged with. They accepted this so there was no penalty points involved. We argued that the road traffic regulation act required permission (etc) for this lower speed limit of 25mph, and their own acts specifically mentioned that they applied and specifically the section with regard to the powers and duties of the erection of signs. As they where not in compliance with the act they where actually illegally erected.The court said that erecting any sign under the powers of its own bylaws did indeed make it a statutory sign. My mate quizzed the photographs that where produced of the speed signs and argued quite succesfully that they where obscured, then shot himself in the foot by saying he’s in and out the docks several times a day and knows them well !! Something the prosecution jumped on . So he was found guilty, max penalty for breach of byelaw was £50 and he got no points. Costs £150. He seemeed pleased with the outcome as his free visit to a Union solicitor had advised him to plead guilty and accept the £60 fine and three points.
Now to tell everyone we know who paid £60 and got points to go get them removed and get a tenner back :smiley:

Nicely done Mike :smiley: :smiley: :smiley:

ROG:
Nicely done Mike :smiley: :smiley: :smiley:

I think if i could of got up myself i would of argued succesfully that the signs where illegal. My mate stuttered,stammered and had rehearsed nothing of what i told him and got all his words wrong !!! :smiley:

Nice one Mike. :smiley:

He seemeed pleased with the outcome as his free visit to a Union solicitor had advised him to plead guilty and accept the £60 fine and three points.

Which Union?

Make sure you communicate this info to your union rep. This solicitor is not doing his/her job, needs a kick UTA.

Sloppy professionals really annoy me.

Did you go with him to see the Union solicitor Mike ?
As you mentioned that he did not seem to present his case well at court and it has me wondering whether he might not have given the Union solicitor the full SP :question:

ROG:
Did you go with him to see the Union solicitor Mike ?
As you mentioned that he did not seem to present his case well at court and it has me wondering whether he might not have given the Union solicitor the full SP :question:

No mate, i didn’t go with him. He spent an hour on the phone to him though and he (the solicitor) didn’t get as far as the first two replies in this thread !!!

JISL to ESL:
He seemeed pleased with the outcome as his free visit to a Union solicitor had advised him to plead guilty and accept the £60 fine and three points.

Which Union?

Make sure you communicate this info to your union rep. This solicitor is not doing his/her job, needs a kick UTA.

Sloppy professionals really annoy me.

I think he told his Union bods, we don’t have a Union in our place,he just stayed in the Union he was in where he worked before. Tand G, solicitor was recommended by them, Yoxley i think was the solicitors name.