Shropshire drivers warned against legal loophole
Drivers in Shropshire caught speeding have been warned against "arguing on a whim" a legal loophole which is claimed to invalidate 30mph zones.
It comes after Kent motoring lawyer Antony Hook claimed part-time street lights, which are turned off during the night to save energy and cut light pollution, could invalidate some blanket 30mph zones in residential areas.
The Road Traffic Regulation Act 1984 says a road restricted to 30mph "if there is provided on it a system of street lights not more than 200 yards apart".
Mr Hook claims speeding laws are bypassed in the dead of night if the lights have been turned off.
Both Telford & Wrekin Council and Shropshire Council converted thousands of street lights to part-time lighting between midnight and 5.30am last year, although Telford & Wrekin said only turned off lights on roads which have a 60mph speed limit.
Stephen Scully, a lawyer specialising in motor offences at Shrewsbury-based Lanyon Bowdler Solicitors, said: "From a legal point of view there are a number of concerns with these claims.
"Firstly, they have not actually been successfully argued before a court so it could be expensive to unsuccessfully argue these points on a whim. Furthermore, it could be argued most drivers are aware when they enter a 30mph speed zone and the street lighting referred to is there during the day when it is switched off and people still observe the speed limit then.
"The comments about street lights being broken, too far apart or illuminating the pavement instead of the road may not apply if the lights are working but are switched off intentionally. I cannot see it being an issue for many residents."
Spokesman for Telford & Wrekin Council, Russell Griffin, said: "Telford & Wrekin Council only turns off lights between midnight and 5.30am on roads, which have a 60mph limit. We do not turn off any lights on residential roads which have 30 mph limits."
A statement on Shropshire Council's website states: "There is no current law stating that these lights have to be switched on all night to be applicable. Therefore, motorists are advised that the usual 30mph speed limit will be in place regardless of whether the lights are switched on or not."
Mr Hook said: "Many, or even the majority, of residential roads do not have speed limit signs and are legally restricted to 30mph if they have working street lights up to 200 yards about. The courts have ruled that speed limits may not apply if street lights are broken, too far apart or illuminate the pavement instead of the road.
"It follows that there is a strong legal argument that switching off street lights can in some cases remove a speed limit and provide a defence to a person charged with speeding."
The controversial scheme to switch off street lights during the night sparked fears there would be a rise in crime when they were first introduced in 2012.