Question of the week: Are white matrix speed limits on motorways advisory?

Dear Honest John,

"The M4 at Newport is limited to 50mph to reduce pollution. During heavy traffic, the overhead white matrix signs might indicate other, lower speeds, but they are not circled in red. 

Are these lower speed limits advisory when the fixed road signs along the same stretch say 50mph within a red circle?"

- RB

Dear RB,

Mandatory speed limits are indicated by a figure surrounded by a red circle, which applies to both matrix signs and permanent physical signs.

The exact wording of the Department for Transport guidance is as follows: "Where variable speed limit signs are mounted over individual lanes or at the side of the motorway and the speed limit is shown in a red circle, the limit is mandatory. Speed limits that are not shown in a red circle are the maximum speeds advised for the prevailing conditions."

You can read more about this in detail on the government website.

Even if a speed limit is advisory, excessive speed beyond this limit that is deemed inappropriate for the conditions could still result in a charge of driving without due care and attention or dangerous driving if witnessed by the police.

Ask HJ

Can I challenge a motorway speeding fine If I think it's wrong?

I received an NIP for doing 67mph on the M1 at 3.30am at a gantry saying 50mph due to "congestion". I was slowing down but could see down hill ahead that all 4 lanes were clear of traffic. The next gantry showed a return to 70mph. As this seems a case of human error or computer glitch, do I have a case to contest? In addition further down the motorway the gantry was showing my exit lane was closed indicating traffic move to outside lane, however it was clearly open causing another vehicle to swerve from outside lane onto the exit at the last minute.
The situation you have described is not uncommon and there can be delays or apparent inaccuracies between the reduced speed limits on smart motorways and the traffic conditions. However, in the eyes of the law the speed limit at the time and place was 50mph. You can read more about how to appeal a speeding fine here - https://www.honestjohn.co.uk/advice/driving-advice/speeding-fines/ - but we would suggest weighing up the likelihood of success against the potential greater penalties if you decide to challenge the fine and are found guilty.
Answered by David Ross
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