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Community Forums => The Lounge => Topic started by: henrik777 on September 21, 2009, 05:19:28 PM



Title: A80 roadworks
Post by: henrik777 on September 21, 2009, 05:19:28 PM
If anyone is passing through these on the way to Glasgow soon i'd appreciate it if you could tell me if there are 0, 1 or 2 of these signs on the carriageway at the end of the roadworks.

Photographic evidence would be great although i will try to get there myself asap to do that.

(http://www.abd.org.uk/images/signs/sign_7006_delay.gif)
(http://www.abd.org.uk/images/signs/roadworks_100.gif)

Thanks.

Sandy


Title: Re: A80 roadworks
Post by: EvilPie on September 21, 2009, 05:20:50 PM
Blatant "I got done for speeding" brag post.


Title: Re: A80 roadworks
Post by: boldie on September 21, 2009, 05:22:20 PM
travelled it several times over the past few weeks for work...I seem to remember there being plenty signs.

Sorry mate.



Title: Re: A80 roadworks
Post by: henrik777 on September 21, 2009, 05:22:32 PM
I haven't been done.

:)

Been reported though :(

Sandy


Title: Re: A80 roadworks
Post by: henrik777 on September 21, 2009, 05:23:16 PM
I know there are loads but there have to be more ;)

Sandy


Title: Re: A80 roadworks
Post by: outragous76 on September 21, 2009, 08:14:02 PM
I have a very good lawyer if you need one or feel the need to challenge it

PM me for details - he is in for me next week (29th) - and im 50/50

Really wanna win this flip!

1 timeeeee


Title: Re: A80 roadworks
Post by: henrik777 on September 21, 2009, 08:18:49 PM
Can't afford a lawyer but if they do send a summons i'm looking to fight.

If the correct terminal signage is not used then no matter that they have a million repeater signs or that they prove you knew the limit the limit is unenforceable. Case law Smith v Rankine 1977.

Did you get done too ?

Sandy


Title: Re: A80 roadworks
Post by: outragous76 on September 21, 2009, 08:27:28 PM
mine is rediculous - the statement is laughable - and if i lose im leaving the country

Prob gonna post after my result - but this is a good old fashioned case of [  ] justice.

That said - my lawyer is a top boy - saved me before - but this is a genuine defence. I cant use the words to describe how I feel about road traffic police - Tikay would ban me.

As I say thou - not jinxing it - im up on 29th (3rd deferral by Crown) - because they dont have a leg to stand on. They are hoping I run out of money - little do they know im fixed fee

1 timeeeeeeeeeeeeeee


Title: Re: A80 roadworks
Post by: henrik777 on September 21, 2009, 08:33:09 PM
If i'm correct on this route i'll be contacting media folks as they are targetting this road now and it's going to cost them loads. Just gotta confirm my initial thought and get pics/vids as evidence then hopefully media coverage will stop all pending cases and i get an easy let off.

Sandy


Title: Re: A80 roadworks
Post by: bolt pp on September 21, 2009, 10:11:42 PM
why advertise you live in scotland?

It's like starting a thread asking if anyone else has noticed the waiting times are getting longer at the STD clinic


Title: Re: A80 roadworks
Post by: TheChipPrince on September 21, 2009, 11:33:27 PM
why advertise you live in scotland?

It's like starting a thread asking if anyone else has noticed the waiting times are getting longer at the STD clinic

Similar really, in both cases 'you've done the crime now do the time'


Title: Re: A80 roadworks
Post by: henrik777 on September 22, 2009, 08:10:49 AM
why advertise you live in scotland?

It's like starting a thread asking if anyone else has noticed the waiting times are getting longer at the STD clinic

Just in case anyone thought i was actually English which would be worse.

Sandy


Title: Re: A80 roadworks
Post by: henrik777 on September 22, 2009, 04:28:55 PM
Took the chance to go past today although i should have gone via Edinburgh.

(http://i574.photobucket.com/albums/ss185/henrik777_photo/08740876.jpg)

(http://i574.photobucket.com/albums/ss185/henrik777_photo/merryxmas.jpg)

http://www.abd.org.uk/speed_limit_signs.htm#roadworks

http://forums.pepipoo.com/index.php?showtopic=41253&start=0&p=368879&#entry368879

"There is a Scottish case specifically on one missing terminal sign, Smith v Rankine; the accused cannot be convicted, and subsequent (i.e. between the terminal signs and the detection of the offence) correct repeaters, cannot correct the defect. In Smith v Rankine the missing terminal sign was lying on the verge, having apparently been damaged by a passing vehicle. It had been damaged for, at most, a week. It also held that the fact that the accused knew that the limit was 40 MPH, and that it had been 'previously properly restricted' (he was a local) was irrelevent."

How many refunds will the is produce ?  1000+  Happy days.

In your eye Mr policeman :)

Sandy


Title: Re: A80 roadworks
Post by: gatso on September 22, 2009, 06:08:59 PM
I don't get it. if they didn't tell you that the roadworks had ended then shouldn't you be going even slower?


Title: Re: A80 roadworks
Post by: henrik777 on September 22, 2009, 06:30:47 PM
Traffic Signs Regulations and General Directions 2002 is a statutory instrument and is legally binding on transport Scotland (the highways agency down south).

This is very technical.

http://www.brighouseecho.co.uk/news/Hundreds-nicked-by-rogue-road.1924633.jp  is a story of how a speed limit was unenforceable because the sign had a black border.

http://www.yorkshireeveningpost.co.uk/news/A58-speed-offences-may-be.1545038.jp  Sign was the wrong colour.

Just because they have badges doesn't make the traffic cops experts on the TSRGD and RTA or indeed human.

Sandy


Title: Re: A80 roadworks
Post by: henrik777 on June 17, 2010, 05:01:57 PM
(http://i45.tinypic.com/14maloi.jpg)

Stole my work ;)  http://forums.pepipoo.com/index.php?s=&showtopic=45874&view=findpost&p=470472

Sandy


Title: Re: A80 roadworks
Post by: StuartHopkin on June 17, 2010, 06:27:35 PM
Lol

Why do you all hate the traffic police?

Were you or were you not speeding?


Title: Re: A80 roadworks
Post by: henrik777 on June 17, 2010, 06:32:16 PM
66 in a 70 is not speeding so, no i was not speeding.

:)

Sandy


Title: Re: A80 roadworks
Post by: StuartHopkin on June 17, 2010, 06:33:10 PM
66 in a 70 is not speeding so, no i was not speeding.

:)

Sandy

Lol

But they thought it was 40?


Title: Re: A80 roadworks
Post by: henrik777 on June 17, 2010, 06:37:38 PM
Well kind of. They both stated in their statements that i broke the temporary 40mph order but then went on to say the speed limit was 50mph.  ;D

Sandy


Title: Re: A80 roadworks
Post by: henrik777 on January 06, 2012, 06:33:40 PM
Funny :)

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Unless you're sure you want to reply, please consider starting a new topic.




Got to court around 9:50. 26 cases to be heard. Trials last as normal. Same Jp and LA as my debate. Grrr. Break 11.10.

Around 11.25 2 scheduled trials are called and the not guilty pleas accepted by the crown. 1 of these was speeding on the A73 who was arguing signs.

Around 11.30 my trial starts. Just before 11.31 the Fiscal introduces the TTRO for Bankhead to Haggs. Oops.

Plod 1 takes the stand 2 minutes later. Fiscal goes through the motions. I quiz on dodgy statement. He didn't write it as he was off sick.Introduced video went through it etc. Challenged his signs training. He struggled as to whether Tsm chapter 8 was guidance or statute. Seemed to get it when i asked what Tsrgd 2002 was. Going through video there are 2 large 40mph signs at auchenkilns. Not ideal but could work around. Anyway 2 hours or so later he's good to retire and we break for lunch around. Another trial is called so they can postpone. I go to the loo as they didn't say when to comeback. As i return a woman and partner come out. "sorry to keep you" says i. "No bother we got a not guilty because of you" he says. LOL.

Back for 14.15.

Started again at 14.30. Called plod 2. Fiscal went through the motions. I asked about statement. He said mistake, mistake, mistake. What about the one you did for your mate. Mistake, mistake ...... Didn't go through video

The crown closed the case. I went to the loo as i was dieing. Came back and made a motion of no case to answer due to TTRO. Crown was confused but upon having the TTRO explained. Conceded. Wasn't the horrible Fiscal so didn't fist pump or anything. Girl today was quite pleasant and only recieved the file this morning. She also admitted not having a clue why i pointed out various things on the video.

Not the glory i wanted but i win so it's not a disaster.

Sandy