Special speed limit bye-laws

nailer8

Does anyone know where you can download copies of old by-laws. (in this case for county Kilkenny). They have the 2010 ones on their website but not the older ones.

I recently got accused of speeding in a 60kmph area.
What is annoying me is i saw the camera van and didnt slow down because i knew the area to be 100kmph. Unknown to me it had recently been changed to 60kmph and the signs were in place.
The area is mentioned in the 2010 by-laws which come into force on 1 June 2010 but i dont know if it was mentioned in older by-laws also and cant find anywhere that they can be downloaded.

It seems to me that i have been accused in the wrong but how do i proove it.

Cookie_Monster

nailer8 wrote: »

Unknown to me it had recently been changed to 60kmph and the signs were in place.

Sounds to me like you know you're wrong and looking for a way out. Not seeing the signs is not an excuse.

EDIT: 60kph is not a special speed limit either, it's a standard one

stellarartois

So the signs were 60km? DUHHHHHH

Stark

stellarartois wrote: »

So the signs were 60km? DUHHHHHH

The signs aren't always correct and in the case of a discrepancy, the by-laws take precedence. The country is littered with 50km/hr and 60km/hr signs from when roadworks once took place and the roadworks speed limit order has expired. In the OP's case, if it is the case that a new speed limit order was due to come into force on June 1st and they put the signs up early, then he does have a case.

Conversely, if the actual speed limit was lower than that suggested by the signs or the signs were missing, then you can be done for breaking the actual speed limit as the onus is on the driver to know the limit.

Cookie_Monster wrote: »

EDIT: 60kph is not a special speed limit either, it's a standard one

The term "special limit" applies to any speed limit imposed by the council through a by-law to override the default speed limit for that road. So any limit other than 100km/hr on an N-road outside town limits would be a special speed limit. The 120km/hr limit on the N1 between Newry and Dundalk is a special limit as is the 100km/hr limit on the M50.

slimjimmc

You might find something here if you don't get too frustrated first:

http://www.irishstatutebook.ie/ResultsTitle.html?q=kilkenny+AND+speed&search_type=all&button=Search


http://search.opw.ie/query.html?col=irisoifi&op0=&fl0=&ty0=w&tx0=+kilkenny&op1=%2B&fl1=&ty1=p&tx1=+speed+limit&op2=-&fl2=&ty2=w&tx2=+&inthe=604800&dt=ba&ady=4&amo=5&ayr=2008&bdy=12&bmo=10&byr=2010&tp=any&nh=10&rf=0&lk=1&sc=0&charset=iso-8859-1&ql=a&style=Iris

Cookie_Monster

Stark wrote: »

The signs aren't always correct and in the case of a discrepancy, the by-laws take precedence. The country is littered with 50km/hr and 60km/hr signs from when roadworks once took place and the roadworks speed limit order has expired. In the OP's case, if it is the case that a new speed limit order was due to come into force on June 1st and they put the signs up early, then he does have a case.

I think if the Gardai are putting speed traps up its fairly safe to say that the speed limit is valid...

Stark

The Gardaí don't always get it right, that's why we have the courts system. Bye-laws due to come into effect on June 1st: http://www.kilkennycoco.ie/eng/Services/Roads/Special_Speed_Limit_Bye-Laws/ . I assume the OP was caught on the N78 at Coolbaun. Since the law's not yet in effect, the OP would be correct in getting a solicitor to appeal the conviction.

Cookie_Monster

Stark wrote: »

The Gardaí don't always get it right, that's why we have the courts system. Bye-laws due to come into effect on June 1st: http://www.kilkennycoco.ie/eng/Services/Roads/Special_Speed_Limit_Bye-Laws/ . I assume the OP was caught on the N78 at Coolbaun. Since the law's not yet in effect, the OP would be correct in getting a solicitor to appeal the conviction.

probably not there otherwise they wouldn't need to look for older ones though

Stark

The OP said the area was mentioned there but they want to be 100% certain it wasn't in the old bye-laws before taking things further. I would presume it wasn't given that there were 100km/hr signs up until recently.

Victor

Ask the council to send you a copy of the 2008 bye-laws.