Speed limits on private roads - maxspeed:advisory or maxspeed?

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Speed limits on private roads - maxspeed:advisory or maxspeed?

Robert Skedgell
We have quite a lot of private roads signed as and tagged with maxspeed
values below 20 mph, however the wiki description for maxspeed includes
"maximum legal speed limit".

Many speed limits on private roads should probably be tagged with
maxspeed:advisory, unless there is both:
1) a traffic order setting the speed limit
and
2) an authorised speed limit sign, either GB:670 or GB:674 (20 mph zones
only).

DfT Circular 01/2013 also states that "Any speed limits below 30 mph,
other than 20 mph limits or 20 mph zones, require individual consent
from the Secretary of State."
https://www.gov.uk/government/publications/setting-local-speed-limits/setting-local-speed-limits

An example local to me, which I have tagged as maxspeed:advisory=5 mph.
There is no traffic order and the sign is not GB:670. The legal and
enforceable speed limit is probably GB:nsl_restricted, i.e. 30 mph.
https://www.openstreetmap.org/way/707266569
https://westnordost.de/p/27324.jpg

--
Robert Skedgell (rskedgell)

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Re: Speed limits on private roads - maxspeed:advisory or maxspeed?

David Woolley
On 19/01/2021 17:28, Robert Skedgell wrote:
> We have quite a lot of private roads signed as and tagged with maxspeed
> values below 20 mph, however the wiki description for maxspeed includes
> "maximum legal speed limit".

I imagine they could still be enforced under civil law.  Exceeding them
would seem to me to be a trespass.

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Re: Speed limits on private roads - maxspeed:advisory or maxspeed?

Jass Kurn
In reply to this post by Robert Skedgell


On Tue, 19 Jan 2021 at 17:30, Robert Skedgell <[hidden email]> wrote:
We have quite a lot of private roads signed as and tagged with maxspeed
values below 20 mph, however the wiki description for maxspeed includes
"maximum legal speed limit".

In the UK the two National Speed Limits would still apply if the road was freely accessible. That means 60mph, unless lighting is present which meets statutory requirements in which case the 30mph NSL comes into play. 

If the road is private and there is no "right of way" then your access is permissive. The permissive element plus the right of the Landowner to use Trespass laws means you need to comply with the Landowners speed limit or risk no longer having access.

I think it is reasonable to use the provided speed limits in the situation you've given, and maybe it's the wiki that needs changing. 

Jass

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Re: Speed limits on private roads - maxspeed:advisory or maxspeed?

Adam Snape
Hi,

The legal criteria is a bit of a red herring (as indeed is the discussion of the civil tort of trespass).

The purpose of the different nomenclature is to allow for both an advertised speed limit and a lower advised speed as often happens on public roads eg. near schools and tight bends. I don't really see a problem with using maxspeed for the advertised speed limit of a private road.

Kind regards,

Adam

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