Director of Public Prosecutions v Evans [2004] EWHC 2785 (Admin) (20 October 2004)

Director of Public Prosecutions v Evans [2004] EWHC 2785 (Admin) (20 October 2004)

Section 82(2)(b) of the Road Traffic Regulation Act 1984 authorises a traffic authority to designate a road without street lighting as a restricted road, thereby lawfully imposing a 30 mph speed limit. The orders made by Worcestershire County Council were valid.

Citation
[2004] EWHC 2785 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Claire Evans
Jurisdiction
England and Wales
Judgment Date
20 October 2004
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal allowed
Legal Topics
Speed Limits, Statutory Interpretation, Restricted Roads, Traffic Regulation
Criminal Law Road Traffic Law Speed Limits Statutory Interpretation Restricted Roads Traffic Regulation

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Claire Evans

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether section 82(2)(b) of the Road Traffic Regulation Act 1984 authorises a traffic authority to designate a road without street lighting as a restricted road subject to a 30 mph speed limit
  2. 2 Whether the orders made by Worcestershire County Council were lawful under section 82(2)(b)

Ratio Decidendi

Section 82(2)(b) of the Road Traffic Regulation Act 1984 authorises a traffic authority to designate a road without street lighting as a restricted road, thereby lawfully imposing a 30 mph speed limit. The orders made by Worcestershire County Council were valid.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed
  • The orders made by Worcestershire County Council are lawful