Director of Public Prosecutions v Evans

Director of Public Prosecutions v Evans

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

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

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Claire Evans

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether section 82(2)(b) of the Road Traffic Regulation Act 1984 allows 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)
  3. 3 Whether there is inconsistency between section 82(2)(b) and Direction 10 of the Traffic Signs Regulations 1994

Ratio Decidendi

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

Court Disposition

appeal allowed

Orders

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