Section 85 Traffic signs for indicating speed restrictions.

For the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road, it shall be the duty of the F1national authority , F2in the case of a road for which F3the national authority is the traffic authority, to erect and maintain F4. . . traffic signs in such positions as may be requisite for that purpose.

F5In the case of any other road, it is the duty of the F6... traffic authority—

If a F8... traffic authority makes default in executing any works required for the performance of the duty imposed on them by subsection (2) above, the F9national authority may F10... execute the works; and the expense incurred F11... in doing so shall be recoverable by F12the national authority from the ... traffic authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

F14Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road, but a limit of speed is to be observed on the road, a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit unless the limit is indicated by means of such traffic signs as are mentioned in subsection (1) or subsection (2) above.

In any proceedings for a contravention of section 81 of this Act, where the proceedings relate to driving on a road provided with F15such a system of street or carriageway lighting, evidence of the absence of traffic signs displayed in pursuance of this section to indicate that the road is not a restricted road for the purposes of that section shall be evidence that the road is a restricted road for those purposes.

In any proceedings for a contravention of section 81 of this Act, a certificate of an officer of the F17national authority F18... that a road is of a specified classification or type shall be sufficient evidence of the facts certified; and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.

Where by regulations made under section 17(2) of this Act a limit of speed is to be observed, then, if it is to be observed—

this section shall not apply in relation to that limit (but without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, any higher limit of minimum speed, required by any such regulations to be observed on any specified length of any specified special road).

The power F19of the Secretary of State to give general directions under subsection (2) above shall be exercisable by statutory instrument.

The power of the Welsh Ministers to give general directions under subsection (2) is exercisable by statutory instrument.

The power of the Scottish Ministers to give general directions under subsection (2) is to be exercisable by Scottish statutory instrument.

Before giving any general directions under subsection (2) the Secretary of State must consult with F22 the Welsh Ministers and the Scottish Ministers.

Before F23the Welsh Ministers or the Scottish Ministers give any general directions under subsection (2) they must consult with the Secretary of State.