20mph default limit (September 2023) — confused signage on restricted road parking
Since 17 September 2023 Wales has had a default 20mph limit on restricted roads under the Restricted Roads (20mph Speed Limit) (Wales) Order 2022 (WSI 2022/1010). Many councils failed to update or remove redundant 30mph repeater signs and parking-related plates that referenced the previous regime (e.g. plates referring to '30mph zone' contexts, school keep-clear bays linked to old TROs). Where parking restrictions are tied to a TRO that itself references obsolete speed-limit definitions or a road that has been re-classified, the signage may now be inconsistent or contradictory, defeating the contravention.
Legal basis
Restricted Roads (20mph Speed Limit) (Wales) Order 2022 (WSI 2022/1010); Road Traffic Regulation Act 1984 s.81; TSRGD 2016 reg 10 (consistency of signing)
How to identify this in your case
Check whether the road is now a 20mph restricted road. Photograph any retained 30mph signage, 'School Zone 30' plates, or TRO references that mention 30mph. Inconsistency between the live limit, retained signs, and the TRO is the defence.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] The road in question, [STREET], became a restricted road with a default 20mph limit on 17 September 2023 by virtue of the Restricted Roads (20mph Speed Limit) (Wales) Order 2022. The TRO governing the parking bay at this location dates from [DATE] and refers to '[OLD LIMIT/CONTEXT]'. The retained signage at the kerb still references '[OLD WORDING]'. The Court of Appeal in MacLeod v Hamilton (and the principle in Davies v Heatley [1971] RTR 145) requires that traffic signs and the underlying TRO present a clear and consistent message such that a reasonable motorist can understand the restriction. The contradictory signage at this location does not meet that test. Further, Welsh Government Guidance on the 2022 Order required all signing to be reviewed and updated by the date of commencement. The Council has not done so here. I request that the PCN be cancelled. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- legislation.gov.uk/wsi/2022/1010
- gov.wales — 20mph default speed limit guidance
- Davies v Heatley [1971] RTR 145