MOTORISTS planning to appeal against speeding convictions because of illegal signs have been warned that courts do not have the power to re-open such cases.
The move follows the cases of two police officers who escaped prosecution after they exceeded the 50mph limit on the A171 in east Cleveland.
David Burlington and Andrew McFarlane, both serving with the North Yorkshire force, successfully argued that joint speed limit/camera warning signs were not prescribed by the Department of Transport as they had a black border.
Since the decision, drivers caught speeding between Birk Brow and Waterfall Kennels have inundated Teesside Magistrates Court.
However, they have now been told their cases cannot be re-opened.
Brian Gregory, chairman of the Association of British Drivers, said: "The fact that the prosecution of the two police officers was not legal should be the same for all other motorists who have been prosecuted in areas were those signs have been used."
The magistrates court has issued an information sheet. Colin Monson, the Justices' Chief Executive, said: "Because the processes were fair, and all defendants had the opportunity to make the court aware of all relevant information, the court does not have the discretion to re-open cases.
"Anyone who may feel aggrieved is advised to read our information sheet."
The sheet is at www.clevelandmagistrates.org.uk or by writing to the Justices' Chief Executive, Cleveland Magistrates' Courts Service, PO Box 275, Middlesbrough TS 1 2XB.
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