EXCLUSIVE
By Tony Gardner
HUNDREDS of drivers caught speeding on a Leeds road could be entitled to have their convictions overturned.
The YEP revealed last month how Dr Trevor Faulkner forced prosecutors into an embarrassing climbdown after contesting charges that he was breaking the speed limit on the A58 Wetherby Road at Scarcroft.
Now an expert believes the case could open the way for anyone caught on that stretch of road to have fines and penalty points overturned.
The case against the 64-year-old doctor of philosophy was dropped, but not until he had spent six months preparing his defence.
The retired computer engineer argued that a speeding ticket he received was unlawful because warning signs were painted the wrong colour.
He was caught in the speed trap travelling at 43 mph in what police said was 30mph limit.
Dr Faulkner argued the road signs where he was caught were not only confusing, they were not legally binding because they were on a yellow background.
Police later admitted that the case was dropped because the signs were not legally enforceable.
Richard Bentley, a former traffic policeman who now works as an expert witness in cases involving speeding and road signage, said the decision should now pave the way for other people to appeal.
He told the YEP: "As one defendant has challenged the enforcement and a specific police check seems to confirm he was right, one has to ask - what about all the other prosecutions which were undertaken where the police state the signing was lawful and the enforcement was valid?
Collapse
"If the speed limit is legally defective now, it must have been legally defective before. The case against anyone caught on that stretch of road should automatically collapse."
Earlier this year Mr Bentley helped persuade a judge to overturn hundreds of speeding fines handed out to drivers in Devon. Police had to return around £100,000 to drivers and revoke their penalty points after speed limit signs were incorrectly displayed.
Referring to the Scarcroft case, Mr Bentley explained: "The critical factor is the choice of signing by the highway authority (Leeds City Council].
"If a council decides to be adventurous and uses signs that are not approved by the Secretary of State or as set out by ministers, then those signs are not lawful.
"In using such signs the authority may be liable in the courts."
"Should the highway authority be careless and fail to provide signing at all entrances to the speed limit or leave in place signing showing another limit of speed applies, then in either case the Act of Parliament prohibits a court from convicting a motorist of exceeding the limit."
Paul Smith, founder of the Safe Speed campaign group, said: "We demand that all drivers convicted at this location are immediately contacted, refunded and compensated for any consequential losses.
"It is all too common for drivers to be convicted despite the fact that speed enforcement procedures are faulty. This is one of a long history of such cases.
Livelihoods
"It is unacceptable for the police to make such mistakes because people's livelihoods depend on their driving licences."
A Leeds City Council spokesman said: "We are currently liaising with the police over this issue but until we investigate further we cannot say whether there will be any changes to road signs along the A58 at Scarcroft.
"We endeavour to ensure that all sign erected along the highway follow government guidelines."
West Yorkshire Police refused to comment further on the matter, though a spokesman added: "Whether they are enforceable or advisory, speed limits are there to protect the public. Action taken to support them is both proportionate and necessary."
tony.gardner@ypn.co.uk