Driver receives ‘rare apology’ & has £100 fine overturned in bizarre loophole as road has ‘no enforceable speed limit’
A DRIVER has received a "rare apology" after his £100 speeding fine was overturned due to a bizarre loophole.
The motorist, who wishes to remain anonymous, initially accepted the penalty before being tipped off by a resident of the road in question.
Facing three points on his licence as well as the cash fine, he was resigned to the inevitable when the bizarre gap in the law was exposed.
The stretch of road in Nuneaton, Warwickshire, was subject to a 30mph Traffic Restriction Order (TRO), which had recently been lowered to 40mph.
However, it transpired that the order had not been enforced properly, so the limit was not active.
Moreover, the driver argued that the improper introduction of the new limit voided the old 40mph TRO.
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He then consulted Warwickshire County Council's Highways Department, claiming that its legal team confirmed that the road is no currently subject to any limit.
He told : "So the B4112 Nuneaton Road between Chetwynd Drive Nuneaton and Weston Lane Bulkington is not subject to enforceable speed restrictions.
"£100 and three points returned leaving me again with a clean licence and a rare apology."
The driver accepted that speeding is an offence but urged others to look into whether they may have been wrongly fined.
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A letter he received from Warwickshire Police stated that the charge was being withdrawn due to an "error during the processing of this offence".
Commenting on the case, inspector Dave Valente said: "It’s important for us all to remember why posted speed limits exist.
"Speeding is an ongoing contributory factor in deaths and serious injuries on Warwickshire’s roads.
";As part of the Warwickshire Road Safety Partnership, we are aiming to reduce the number of those killed or seriously injured on Warwickshire’s roads by 50 per cent by 2030.
"To achieve this, and to reduce the risk of harm on our roads, motorists should comply with the displayed speed limits at all times.
"In doing so they keep others safe, are not likely to face any enforcement action, nor will they need to rely on the possibility of finding a technical loophole if they have driven in a way that endangers themselves and others."
Warwickshire County Council declined to comment.