“Police admit loophole stops speeding drivers from being prosecuted on roads in Cranbrook”

Cranbrook a NEW development? Some of the houses there are 4 or more years old!

“Drivers on some of new roads in Devon cannot be prosecuted for speeding, police have admitted.

Numerous roads running off London Road in Cranbrook are yet to be officially adopted by Devon County Council therefore leaving housing developers responsible for managing them.

This means that Devon and Cornwall Police is unable to enforce speeding restrictions around the town on roads that are unadopted and do not have street lights.

“For speed enforcement to occur, a valid Traffic Regulation Order needs to be in place,” said Ch Insp Leisk.

“This is prepared by the local authority post adoption. When conducting speed detection activity, we would always confirm the validity of the TRO.

“The other occasion where a road speed limit is always 30mph is when street lighting is present less than 200 metres apart. Unless posted otherwise, this is always a 30mph limit.

“A street layout would always be agreed with the local Highway Authority, in this case Devon County Council, prior to build as part of the planning process.”

Concerns were raised at a recent Cranbrook Town Council meeting with Cllr Ray Bloxham telling members that police would not enforce the 30mph limit on unadopted roads.

He added that the Devon County Council task group was looking at speeding on Devon’s roads.

Cllr Kevin Blakey, chairman of Cranbrook Town Council, told Devon Live that his understanding was that all aspects of the Road Traffic Act apply on all of the town’s roads.

He said: “It is true that the majority of the roads in Cranbrook have yet to be adopted, and this is usual for most new developments.

“However, the supposition that speed limits and other regulations do not apply is incorrect.

“The Road Traffic Act and associated regulations apply in full and without exception to all roads to which the public have access.”

However, Ch Insp Adrian Leisk clarified that while certain aspects of the act do apply – such as needing insurance and a valid licence – police are not in a position to be able to prosecute speeding.

He said: “Elements of the Road Traffic Act apply such as insurance, standards of driving, wearing seat belts and not using a mobile phone.

“These all are applicable as the offence is committed on a road – there is a legal definition of road.

“The setting of speed limits are always detailed in the TRO, the lack of which could be relied upon in an individual’s defence.”

A spokesperson for Devon County Council said: “Because the roads have not been adopted, and so are not managed by DCC, the responsibility rests with the Cranbrook Consortium for main roads that link with London Road, and the relevant housing development companies manage the roads in their sections of development that connect to the main Cranbrook roads.”

https://www.devonlive.com/news/devon-news/police-admit-loophole-stops-speeding-2018242

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