Many of us have been contacting Commercial Motor magazine repeatedly over the Christmas holiday to try to correct erroneous information given by their legal expert, in which he advised an HGV driver to plead guilty to a charge of speeding, while driving at 47mph on a motorway.
Commercial Motor has refused to reply to any of us.
Whatever their reasons, it is now time to refuse to buy Commercial Motor until they are prepared to answer our points.
I have not read the article but was there a speed limit due to roadworks or some other obstruction and was it clearly marked?
If so, on what grounds is there a defence?
If not, what case is there to answer?
Depending on the speed limit that is, if there was one.
i havent read the article but could the (so called expert) give this advice as the easy way out if it was a forty limit the driver should pay if was a fifty id take it to court 47 in 50 should get thrown out but as he got a ticket iseams it could have been a 40 zone so even on perentage hes over
can i call my self a legal expert now then
Blimey, not quite what I was expecting on a monday morning but hey, such is life. I can’t really comment too well on the situation as it’s too early and there’s no-one else around to ask what precisely is/has going/gone on, but suffice to say that if e-mails have gone unanswered then I sincerely apologise. If, in future, you’ve got a complaint then drop me a note and I’ll look into it and get back to you as promptly as I can (with the usual proviso that blah work blah blah busy blah comes first etc etc).
With regards to this specific incident can someone again drop me an e-mail to explain what the problem is (an issue date would be particularly useful), who you’ve been mailing (so i can kick their arse) and owt else you think is useful. Sorry if it’s come across as us “refusing” to reply, it’s not intended as that and can only apologise for any delay.
I’m also assuming that this isn’t the same problem we had earlier in the autumn with some plain wrong advice about the A38(M)? Which, having just checked, we corrected in the 18 Dec issue (and this is the only speeding issue I can find…)
Dom Perry:
I’m also assuming that this isn’t the same problem we had earlier in the autumn with some plain wrong advice about the A38(M)? Which, having just checked, we corrected in the 18 Dec issue (and this is the only speeding issue I can find…)
Dom…
Thanks for taking the time to look into and reply to this…
The problem is I believe that the amended advice given by Mr Over was also incorrect…
Vinces letter is copied below.
Dear Mr Christopher Over,
I am writing with regard to amended advice which you have given to a Heavy
Goods Vehicle driver who faces prosecution for driving at 47mph on the
A38(M).
Unfortunately, the amended advice which you have given is also incorrect.
In your correction, you say that the A38(M) is a “derestricted
single-carriageway road where no other limit is specified”. In fact, it is
no such thing. It is a motorway.
If it were a “derestricted single-carriageway where no other limit is
specified”, then the speed limit would be signed using the National Speed
Limit sign- a white roundel, bisected by a diagonal black stripe. In this
case, the limit for HGVs would be 40mph.
The A38(M) is signed using roundels which depict the figure “60” in black,
upon a white background, contained within a red prohibition circle, and the
speed limit for HGVs is therefore 60mph.
Would you please ensure that you correct your information as soon as is
possible in order to enable Mr Victor Clarke to take the appropriate action-
namely to plead not guilty to the charge.
Yours etc
Vince
It is important that advice given to members ofour industry is correct wether in CM or on here, I would be interested to hear the final adjudication on this issue as to be honest I am unsure myself which interpretation is correct !!
I believe that the A38(M) has 50-limit signs, not 60.
I am also interested in the result of the investigation, since I would have classed the road as “Motorway”, rather than “Single Carriageway”, and travelled at 50mph rather than 40. I believe that the Highway Code backs this up (if indirectly) - see my posting in the other thread.
Red faces all round at Commercial Motor, I’m afraid. You’re quite right the A38(M) is, of course, a motorway and the 60mph speed limit applies for LGVs unless otherwise stated. Apologies for the confusion. I am also sorry no-one got back to those that tried to contact us over Christmas. In future if forum members have any issues regarding Commercial Motor please feel free to contact me - 020 8 652 3612 - and I’ll do my best to help.
But will you be changing the inept for the competent Dom Perry ?.
It seems that this individual did not even manage to get it right when his mistake was pointed out & the correct response given to him.
This to be fair was not “CONFUSION” but incopetence plain & simple.