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[NIP Wizard] Heavily Worn 'Solid' White Line Road Markings
TeslaTesta
post Thu, 7 Jul 2022 - 08:54
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - June 2022
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A153, (near to Wilsford Level Crossing), (prior to the turning for Thorpe Drive), GREYLEES
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I recieved a NIP from Lincolnshire Police following a report from a member of the public supported by dashcam footage submitted to the police as part of "Operation Snap". Apparently Op Snap allows members of the public to report driving offences in the Lincolnshire Police area by filling out a form and uploading video evidence they have captured.

The alleged offence was failure to comply with solid white line markings contrary to section 36(1) of the road traffic act 1988, the Traffic Signs Regulations and General Directions Act 2016 and Schedule 2 to the Road Traffic Offenders Act 1988. The photographic evidence supplied with the NIP shows that the footage was taken on a rearwards facing Nextbase dashcam fitted to a vehicle travelling between 28 and 36 mph. The road at that point is subject to a national speed limit ((60mph).

After crossing the level crossing behind the dashcam vehicle, I noticed that the double solid white lines down the centre of the single track road had become broken on my side of the road and, as the road was clear ahead I moved out to overtake the relatively slow moving vehicle as allowed under Highway Code Rule 128.

Photographs supplied with the NIP clearly show that the road markings were originally double solid white lines, but that the markings are very heavily worn such that the line on my side of the road could in no way be described as solid. Indeed, the line has been completely erased in large sections and would better be described as 'broken'.

My feeling is that the worn road markings are a safety hazard to motorists in that their broken nature indicates to drivers the exact opposite of their original intention, Furthermore I am not convinced that an offence of failing to comply with solid white lines can be legally enforced given that the lines are no longer solid.





NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 07 Jul 2022 08:54:58 +0000
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post Thu, 7 Jul 2022 - 08:54
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The Rookie
post Fri, 8 Jul 2022 - 03:54
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Acceleration isn't relevant, its the line the car took. as its already almost fully across the line and looks to be no more than 3 car lengths after the end of the 'well maintained' (as in obviously solid) line it would need quite a 'decisive' lane change to get there without crossing the end of what I think is obviously solid line, though not impossible.

Reading between the lines (erm, so to speak) i wonder if the OP saw what looks like the end of the solid line (where there looks to be the 'stop' line across the opposite carriageway for the level crossing) and was aiming to pass there without looking ahead and realising that perhaps a poorly maintained solid line continued.

While a good find, I don't find Davies definitely useful here as it was about a clearly incorrect road marking as opposed to a worn and possibly defective marking, more critically it also predates the 2016 TSRGD updates which, had Davies been later, may have created the opposite result.


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IanJohnsonWS14
post Mon, 11 Jul 2022 - 07:46
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Member No.: 3,508



What they have provided is a still from a video.

If the OP goes to court then the full video is likely to be used. Only the OP knows what that will show and whether he wants it to be shown in court.


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Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
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TonyS
post Mon, 11 Jul 2022 - 09:30
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QUOTE (TeslaTesta @ Thu, 7 Jul 2022 - 11:47) *
The overtake was on the single vehicle and a previous still shows that the overtake commenced where the lines were broken/worn away.

Can you show that previous still? I assume the footage is from a rear facing camera on the car you overtook. It would be nice to see a still showing that you didn't cross the line until after the end of the undamaged stretch.
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