A man who claimed road signs on the A90 between Dundee and Perth are more than a decade out of date has won an appeal against his speeding conviction.
Dr Michael Allan, who has business interests in Tayside, said he was driving his small van on the A90 near St Madoes when a speed camera “captured” him doing 73mph in a 60mph limit for vans.
He said he was unaware small vans like his were subject to the lower limit, as would many occasional small van drivers who hire their vehicles for short-term trips, and says “proper” signs would alleviate the problem.
He challenged the ticket but was told his attempt to have it overturned had failed.
However, believing he had a good case, he persevered and his application to the Court of Appeal in Edinburgh was ultimately successful after a traffic police officer contacted the Crown and admitted he had “forgotten” a crucial change in the regulations.
Dr Allan said: “The High Court in Edinburgh quashed my conviction for speeding due to erroneous evidence given by a serving police officer, regarding deficient road speed signage on the Dundee-Perth A90.
“This means that all similar historical convictions on the A90 are open to challenge. In my view, thousands of summary convictions dating back over 10 years are probably unsafe and can be challenged.
“The advocate depute for the Crown has undertaken to write to Arron Duncan, manager of Tayside Safety Camera Partnership (TSCP) to highlight my concerns that road speed signage on the Dundee-Perth A90, both carriageways, remains, in places, illegal, very inconsistent, deliberately so, and has been for many years.
“Further, multiple signs that give warning of mobile speed camera sites should carry the ‘National Speed Limit’ roundel.
“No one from the TSCP was present at the hearing and, according to the clerk at the High Court, these proceedings are held without any publicity and no record of the discussions are kept.”
A Transport Scotland spokesman said: “The speed limit signage on the A90 between Perth and Dundee has been audited and is in accordance with the National Speed Limit requirements which apply to this section of the A90 trunk road.”
Mr Duncan insisted the signage was correct, adding: “Speed limit signage in accordance with the legislative requirements is in place on the road prior to any location that Tayside Safety Camera Partnership undertakes activity and Mr Allan has been informed of this previously in the communications with us to which he refers.”
Mr Duncan also admitted the officer had made an error in his evidence and had contacted the Crown immediately to tell them.