What 20mph limit? 'Genuinely confused' drivers will NOT be fined for breaking Wales' new road rules if they have 'misunderstood' the new policy, First Minister Mark Drakeford says

The default 20mph speed limit in built-up parts of Wales will take effect today The Welsh government said motorists will soon face sanctions However motorists will only be fined if they breach 26mph 

Welsh drivers fined under new blanket 20mph zones will not have to pay fines if they are ‘genuinely confused’ by the new policy after a loophole emerged showing motorists will actually be able to drive at 25mph before falling foul of new laws.

Speaking today, Mark Drakeford suggested drivers will not be fined if they were ‘genuinely confused’ but said those who ‘deliberately’ break the law will face consequences.

However GoSafe Wales, which connects the Welsh police and local authorities together in a road safety network has said that the enforcement of fines will only begin at 10 percent of the speed limit plus 4mph.

This means in practice that drivers in Wales will only be prosecuted if they are caught driving above 25mph in a 20mph zone.

This is more leeway than is given to other drivers in Britain where motorists are subject to an enforcement threshold of 10 per cent plus 2mph, making the limit for a 20mph zone 23mph.

In Wales, the enforcement of fines will only begin at 10 percent of the speed limit plus 4mph

After a ‘bedding in period’, the default 20mph speed limit in built-up areas in Wales will be enforced from today

The Welsh government has confirmed motorists will face sanctions if they exceed the limit

Asked during a press conference in Cardiff about the possibility of people being fined because the messaging over the law has not been clear enough, Mr Drakeford said: ‘I don’t think they will be fined in those circumstances.

‘I think if the police find somebody driving above 20 miles an hour and the reason is because they are genuinely confused about that, then that’s why the police will always start with education and conversation.

‘I don’t think in those circumstances of genuine confusion, the police will move to enforcement.’

The First Minister conceded that the policy should be ‘fine-tuned’ and kept ‘under review’ to ensure consistency across different local authorities throughout Wales.

There have been ‘anomalies’ in its introduction, he said, including with road signage which some drivers have complained is unclear.

Mr Drakeford said that in cases where motorists drive ‘well above’ the limit the law would have to be enforced.

Asked to specify what speed would be considered ‘well above’ 20mph, he said previous cases relating to pre-existing 20mph zones had involved people driving ‘closer to 30 than 20’.

‘Not a couple of miles over, but well in excess of what people were obliged to do, so if that’s a sort of rule of thumb I think that’s how the police have interpreted that so far,’ he said.

Mark Drakeford suggested drivers will not be fined if they were ‘genuinely confused’

The policy was the most controversial and un-popular decision Mark Drakeford’s government made

It comes as pro-motorist groups label the new 20mph limit ‘unenforceable’, and question why the policy was introduced in the first place if drivers will still be allowed to reach speeds of 25mph before being slapped with a fine or points.

But ministers said not all drivers breaking the 20mph limit will initially be prosecuted, just the most dangerous offenders.

Roadside teams will use speed monitoring equipment to catch offending motorists.

They will be stopped and given a choice between a fine and points, or roadside engagement.

Go Safe Wales has also said magistrates will only deal with excessive speeding of 40mph or more under the rollout. Ian Taylor, a director at the Alliance of british Drivers told MailOnline the policy could well be unenforceable due to costs.

He said: ‘The lower you make the limit, the more difficult it is for people to actually keep to it and probably means they’ll want to do it less anyway.

‘This means there’s always the potential there for prosecutions. As regards to them saying over 26mph for prosecutions, it’s ironic as that is sort of the limit. 

‘They think that imposing 20 mile an hour limits brings the average speed down to but if it’s 26mph regardless you wonder why they bothered!

‘The whole policy could end up being unenforceable it depends how much it’s liable to cost them to enforce it properly.

‘Having said that if they enforce it enough, they might make the money they need to pay for it from the fines.’

Speaking to the Telegraph, Peter Fox, the Welsh Conservatives’ minister for finance warned that the confusion was likely to result in more fines.

He said ‘It’s confusing out there especially if you are visiting Wales.

‘With 20mph being the default limit, together with unclear and inconsistent signage, it would be easy to lose a licence in a day.’

A spokesman for GoSafeWales said: ‘Enforcement can only be conducted at the discretion of the Chief Constable of each force. GoSafe, in conjunction with the four police forces in Wales, will issue a statement ahead of wider enforcement taking place.

‘This should be the first point of call for accurate information, along with our website.’

The Welsh government has confirmed motorists will face sanctions following an ‘initial bedding in period’ (File image)

Roadside teams will use speed monitoring equipment to catch offending motorists (File image)

The Welsh scheme to reduce the default speed limit for ‘restricted roads’ from 30mph came into force in September, affecting 7,700 miles of road. It aims to cut deaths, noise and pollution and encourage people to walk or cycle.

There was confusion around when the new national speed limit would be enforced. It was said that enforcement would begin three months after the new speed limit was introduced, which would have been December 17 before the Welsh government confirmed the enforcement for the speed limit would begin in January.

The speed limit reduction to 20mph affects ‘restricted roads’ – those with ‘street lights spaced no more than 200 yards apart, usually located in residential and built-up areas’.

Transport is a devolved matter so the Welsh government has made the change unilaterally.

According to its own impact assessment, the ‘main economic dis-benefit’ of the new regime ‘relates to increased journey times from lower average vehicle speeds’.

It states that this could result in an economic hit of up to £9 billion over 30 years; the cost of implementing the scheme will be £33 million.

But Wales’ First Minister Mark Drakeford said the 20mph speed limit would save lives and the cost was ‘outweighed’ by reduced impact on the NHS and emergency services.

Mr Drakeford has said ‘the evidence is incontrovertible’ that ‘driving more slowly in built-up urban areas saves people’s lives’ and that it will save the Health Service £90million as a result.

He cited a similar scheme in Spain, saying it had cut urban deaths by 20 percent.

Critics say penalty fines will hit drivers who already face larger petrol bills for running their engines at lower – and less efficient – speeds.