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Signs And Signals

Contravening A Traffic Signal Or Sign Solicitors

Our expert Motoring Offence Solicitors are equipped with the knowledge and determination to provide the best possible legal advice for you. We are a friendly and approachable team who have years of experience in defending traffic lights and signs and signal cases.

We can help you build the best possible defence to avoid points on your licence or possible disqualification which could significantly impact your livelihood. Our established reputation within the law industry is well-recognised and we are here to help you reach the most optimal outcome.

If you would like to gain advice from one of our specialist solicitors, we would love to hear from you. Please call us today using the number seen at the top of this page.

How Can BKP Solicitors Help?

Our dedicated team of motoring offence solicitors are always available, 24 hours a day, 7 days a week. We work tirelessly for our clients, to help you stay in control of your licence and avoid a totting up ban.

Our solicitors know the law around traffic offences and are here to help guide you through the process. We appreciate that you may be stressed but you can have piece of mind that your case is in the best hands at BKP Solicitors.

We know what needs to be done to build a strong defence. Call us today to discuss your case.

What Is A Traffic Signal Offence?

Typically, a failure to comply with a traffic sign or signal will fall in to one of the following categories:

  • TS10 Failing to comply with traffic light signal
  • TS20 Failing to comply with double white lines
  • TS30 Failing to comply with a stop sign
  • TS40 Failing to comply with direction of a constable/warden
  • TS50 Failing to comply with a traffic sign (excluding stop signs, traffic lights and double white lines)
  • TS60 Failing to comply with a school crossing patrol sign
  • TS70 Undefined failure to comply with a traffic direction sign

Of these, the most common traffic signal offences are:
  • Traffic Light Offence - for example, driving through a red light signal
  • Road Sign Offence - for example, disregarding a give way or no entry sign
  • Road Markings Offence - for example, disregarding single or double white lines

Running A Red Light Traffic Offence

By far the most common traffic signal offence is running a red light, even if you thought you went through an amber light. The law states that when the traffic light is:

  • Red: The vehicle must stop behind the white stop line at the traffic light
  • Red and amber: The vehicle must stop but can prepare to go. However, the vehicle must not pass the white line until the green traffic light shows.
  • Green: The vehicle may go as long as the road ahead is clear of obstruction.
  • Amber: When only the amber traffic light is showing, this also means stop, provided it is safe to do so. The only exceptions to this are if you have already passed the line before it changes, or if stopping would lead to a potential crash.

Most of these offences are caught on a traffic camera located at the junction. A driver is just as likely to be stopped by the police at the time of the offence.

Either way, the registered keeper of the vehicle will receive a Notice of Intended Prosecution within 14 days of the offence. This person will then have to provide details of who was driving at that specific time within 28 days. Failing to do so could result in a separate prosecution for Failing to Provide Driver Details, which could result in 6 penalty points.

Running through a Red Light is usually dealt with by a Fixed Penalty of 3 points and a fine of £100.

Traffic light offences are dealt with under Section 36(1) Road Traffic Act 1988 and running a red light or failing to comply with any road markings at the lights is an offence.

Defence Against A Road Signal Offence

It can be very easy to miss road signs when confused by complicated junctions and road layouts, especially if temporary signs have been employed.

There are strict rules governing condition and clarity of traffic signs, signals and road markings. Most of the legislation in this area is contained in the Traffic Sign Regulations & General Directions 2002.

For example, all traffic signals and signs must comply with these regulations in terms of size, colour and type. Traffic signs must also be lawfully placed in clear unobstructed view of the driver and failure by the authorities to observe these regulations may provide a reasonable defence. In all cases, there is a presumption that the traffic signs do comply with the regulations, unless proved otherwise.

It may also be that there are special reasons for why you committed the offence. For these to be accepted by the Courts, they must satisfy the following requirements:

  • It must be a mitigating circumstance
  • It must not amount in law to a defence to the allegation
  • It must be directly connected to the offence
  • It must be something which the court needs to take into consideration when handing down the penalty

Examples of special reasons could be failing to stop at a traffic light signal to prevent causing someone serious harm or injury or to allow an emergency vehicle past. If the special reasons are accepted by the court, they have discretion to not endorse any penalty points to your licence.

If there are special reasons in your case, it is vital to seek expert legal advice to give you the best possible chance of success. This is because evidence needs to be adduced and legal paperwork needs to be completed explaining why the court should consider the special reasons and not endorse penalty points.

At BKP Solicitors, we can listen to your circumstances and advise on your unique situation. Please call our expert traffic signal offence solicitor’s team as we may be able to build an excellent defence for you.

Penalties For Traffic Signal Offences

Generally speaking, most traffic offences will be dealt with by way of three penalty points and a fixed fine of £100. However, Magistrates have the discretion to disqualify you from driving for up to 56 days depending on the seriousness of the offence and issue a fine of up to £1000.

In extreme cases, failure to comply with a traffic sign could result in prosecution for careless driving. It is therefore of utmost importance that you consult a trusted solicitor who can guide you through the process and provide a defence specific to your situation. This is what we do best at BKP Solicitors.

When caught on camera, the registered keeper of the vehicle will receive a Notice of Intended Prosecution within 14 days of the offence. This person will then have to provide details of who was driving at that specific time within 28 days. Failing to do so could result in a separate prosecution for Failing to Provide Driver Details, which could result in 6 penalty points.

Totting Up Of Penalty Points

Though most of the offences described above are dealt with by way of fixed penalties, a fixed penalty cannot be accepted if a driver is subject to potential disqualification under totting up rules.

In these circumstances a court summons will be issued, and the driver will be required to attend court. The same procedure is followed if a driver denies the offence or refuses a fixed penalty.

If you already have nine or more points on your licence then you will tot up to 12 points and the Magistrates will consider disqualifying you from driving. If you are facing this potential reality, you will need high quality legal representation which our Totting Up Solicitors can provide.

BKP Solicitors