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Bylaws vs local sign

  • 11-11-2010 8:02am
    #1
    DanielI
    Registered Users, Registered Users 2 Posts: 73 ✭✭


    Let's assume the following:
    1. A section of a public road is assigned a speed limit by local bye-laws.
    2. At a later date, a speed limit sign is erected (on the same section of road), enforcing a different speed limit. Bye-laws are still active.

    What is the legal speed limit?
    Tagged:


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    DanielI wrote: »
    Let's assume the following:
    1. A section of a public road is assigned a speed limit by local bylaws.
    2. At a later date, a speed limit sign is erected (on the same section of road), enforcing a different speed limit. Bylaws are still active.

    What is the legal speed limit?

    The bye-law, unless there was a works order in force.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Jo King wrote: »
    The bye-law, unless there was a works order in force.

    Can the sign be used as a mitigating factor? Assuming that there wasn't a secondary matter of dangerous driving / driving without due care and attention?


  • #4
    DanielI
    Registered Users, Registered Users 2 Posts: 73 ✭✭DanielI


    Jo King wrote: »
    The bye-law, unless there was a works order in force.
    No work order involved.


  • #5
    DanielI
    Registered Users, Registered Users 2 Posts: 73 ✭✭DanielI


    Victor wrote: »
    Can the sign be used as a mitigating factor? Assuming that there wasn't a secondary matter of dangerous driving / driving without due care and attention?

    I would think that the bye-law should trump the sign, unless the sign was installed on the basis of an act of the Oireachtas or Order of Minister.

    What do you think?


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Bye-laws (not bylaws :)) are based on the Road Traffic Act 2004 and are only implementable by the council (voted by the councillors).

    Road Works Speed Limit Orders are done by council management, there are default limits in the act and the minister may specify limits for certain categories of vehicle.

    It is an offence for anyone but a council or the Garda to errect a sign without permission.

    I don't know if the council commits an offence by putting up an incorrect sign.


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  • #7
    Mary Hairy
    Closed Accounts Posts: 128 ✭✭Mary Hairy


    There was a spate of cases in Wicklow where there were speed limit signs put up with a lower speed than provided by the bye-laws. The cases were all dismissed on the basis the sign had no legal standing.


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