Council are not up to speed on roads law

Driver wins court battle over “illegal” 40mph limit

Hundreds of speeding charges could be dropped after a speed limit was wrongly changed.

South Ayrshire Council were left redfaced after the speed limit on a stretch of the A70 road between Ayr and pub boss Mark Houston’s home in Cumnock was illegally dropped to 40mph.

Mark, who manages a chain of bars across Ayrshire and Lanarkshire, was caught doing 55mph in a 40mph limit by a police speed gun on the outskirts of Ayr and offered a conditional fine and three penalty points. But his case was dropped by prosecutors after it was found the old speed limit of 60mph still stood.

After 13 months and several trial hearings, the case was thrown out in November and now a top traffic lawyer believes hundreds of similar cases could be thrown out if challenged.

Pub boss Mark said: “I was given a speeding ticket but did not feel this was fair as I was driving on an open road and not going particularly fast.

“I am delighted with the outcome as my licence is vital in my job. I already had three penalty points. So the money spent on defending the case has been well spent.

“I would also urge other motorists to do the same if they feel they have been wrongly accused of speeding.”

His lawyer, traffic specialist Richard Freeman, said: “The South Ayrshire Road Order had an error in it when it reduced the speed limit.

“It was not illegal to make the speed limit 40mph but it should have been better framed and worded.

“Councils have the authority and discretion to set their own speed limits on local roads in their area.

“Because South Ayrshire did not impose the order correctly, it had no effect and was not legally binding.”

Freeman says anyone charged with speeding can ask a lawyer to check that local speed limits have been legally imposed by councils or appeal a previous conviction.

South Ayrshire Council’s legal chief Ralph Riddiough said: “We have noted the outcome of the case and we will be in contact with the fiscal’s office.

“We will then take action as appropriate.”