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The Council's Chief Executive has asked me to respond to the letter you sent him enclosing your paper entitled "Human Rights and Speed Enforcement". The County Council takes its responsibilities in respect of road safety very seriously. We are committed to reducing the number of people killed and seriously injured on roads within the county. Each incident is extremely costly to the community in economic terms, but more importantly represents a human tragedy with impacts on the lives of those closely associated with the victims. The work we do in the Environmental Services department includes highway maintenance, and the design and implementation of local safety schemes. Many of these schemes are designed to encourage motorists to reduce their speed to an appropriate level, and to improve safety for pedestrians and other vulnerable road users. In terms of setting speed limits in villages, our general approach is to follow the guidelines and advice provided to us by the Department of Transport. I understand that this advice is under review, and I anticipate that we shall in due course undertake a systematic review of existing speed limits. We work very closely with Derbyshire Constabulary who have responsibility for enforcement, and we are active participants in the Derbyshire Safety Camera Partnership. We have also introduced a number of 20 mph zones in accordance with government guidance where speeds have been reduced by traffic calming. Our school safety zones have advisory 20 mph speeds indicated along with improved signing and safety features. In your covering letter, you indicate your belief that the government, police and county councils are contravening the Human Rights Act with regard to speed enforcement. The paper you have produced clearly represents a considerable amount of thought and work on your part, and deserves consideration by those with the knowledge and expertise to interpret the Human Rights legislation in this context. I have forwarded your report and my response to the County Solicitor so that he is aware of your views. I am sure that he will advise me if he thinks that our current approach to road safety matters is likely to expose the County Council to the risk of a successful challenge under the Human Rights Act, given that we are following advice and guidance issued by the Department for Transport. I do not however, think this to be a matter for Derbyshire County Council to explore in detail. I think it would be more appropriate for you to forward your views to the Department for Transport for consideration. Any appropriate changes to national guidance will then be passed on to all highway authorities. Thank you for the interest you are taking in road safety matters. |