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Manfred
I got snapped by a camera approaching Exeter on the A30. I was looking for signage to join the M5 at Sowton and spotted the red light which was high up on the flyover a bit late but managed to comfortably stop before crossing the path of traffic from the right.

The flash seemed to me to occur just as I came to a halt but according to the NIP I was still doing 14 miles per hour. But I did not go passed the red light which was still ahead of me and I did not enter the path of crossing traffic. Can anyone tell me if I am guilty or not guilty? and do factors such as being lost on an unfamiliar road at night count as mitigating circumstances.
I have received the NIP and now the COFP.

Thanks for any help.
leegomery16
Did you pass the solid white line across the road?
Manfred
Guess I must have, although I was looking at the red light that was high up on the flyover and it was at night.
leegomery16
Sounds to me like you're guilty then. You can try to mitigate but I'd imagine you'll be offered a fixed penalty (3 points and £60) rather than a summons to attend court.
Manfred
Thanks for the advice, but the relevant Act does not mention lines and the charge is 'Contravening Red Traffic Lights'
The Rookie
Case law upholds that crossing the whiteline is what constitutes the offence, from 14mph you could have been stopped in another 3/4 seconds, only travelling about 4metres....

It may be worth writing and asking for a copy of any photo's 'to help confirm the drivers ID' (not evidence) to clarify what exactly happened.

Was the road wet at the time?

Simon
leegomery16
QUOTE (Manfred @ Mon, 17 Mar 2008 - 12:50) *
Thanks for the advice, but the relevant Act does not mention lines and the charge is 'Contravening Red Traffic Lights'


Sarcasm always welcome rolleyes.gif

If any part of your vehicle crosses the white line that is placed with the lights then the offence is complete.
nemo
QUOTE (Manfred @ Mon, 17 Mar 2008 - 12:50) *
Thanks for the advice, but the relevant Act does not mention lines..

huh.gif What Act are you referring to ? The relevant legislation makes clear reference to the 'stop line'..

QUOTE (Traffic Signs Regulations and General Directions 2002)
36. — (1) The significance of the light signals prescribed by regulations 33, 34 and 35 shall be as follows—
(a ) subject to sub-paragraph ( b ) and, <..snip..> the red signal shall convey the prohibition that vehicular traffic shall not proceed beyond the stop line;

and..

QUOTE (Traffic Signs Regulations and General Directions 2002)
43. — (1) Subject to paragraphs (2) and (3), “stop line” in relation to light signals for the control of vehicular traffic means—
(a ) in relation to any vehicle except a tramcar the road marking shown in diagram 1001 placed in conjunction with the light signals;

and..

Diagram 1001

and..

QUOTE (Road Traffic Act 1988)
36. Drivers to comply with traffic signs. —

(1) Where a traffic sign, being a sign—

(a ) of the prescribed size, colour and type, or
(b ) of another character authorised by the Secretary of State under the provisions in that behalf of the Road Traffic Regulation Act 1984,

has been lawfully placed on or near a road, a person driving or propelling a vehicle who fails to comply with the indication given by the sign is guilty of an offence.




Manfred
Thanks for all the advice. Looks like I'm a dead duck.

I will post the final outcome.

The Rookie
Was the road very wet? I ask as wet roads often mean the stopline can be invisible in the dark, and you don't appear to know if you crossed the line or not....this may constitute a special reason not to endorse if you did not progress past the light.

Simon
Lynnzer
Let's not forget the fact that not all signage/lines etc are correctly placed.
It may just be that the lines are not where they should be bearing in mind the action of the camera.
A visit to the actual site to take measurements may be a good bet and at least it'll confirm whether or not it's worth pursuing further.
Personally I think it's bloody difficult to keep a look out for white lines when it's the actual traffic lights that is the main target of my awareness in a strange place, especially if other traffic is ahead.
You may not be aware of the white line, it may be obscured by the traffic in front, but the red light is always visible.
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