In this “Quick Guide” we will take you through the law, punishment and the defence for Traffic Light Offences committed in England and Wales.
Driving through a Traffic Light Signal is classed as a Motoring Offence, unless the traffic signal is green, and it is clear and safe to proceed. When driving a vehicle, it is the duty and responsibility of the driver to comply with all traffic light signals during the journey. It is not a defence to simply state that the driver proceeded through an amber traffic signal and not a red traffic signal, driving through an amber traffic signal can still amount to a Traffic Light Offence.
The legislation that governs Traffic Light Offences is the Traffic Signs Regulations and General Directions 2002.
Regulation 36(1)(a) of The Traffic Signs Regulations and General Directions 2002 states:
“…the red signal shall convey the prohibition that vehicular traffic shall not proceed beyond the stop line”
Regulation 36(1)(e) of The Traffic Signs Regulations and General Directions 2002 states:
“the amber signal shall, when shown alone, convey the same prohibition as the red signal, except that, as respects any vehicle which is so close to the stop line that it cannot safely be stopped without proceeding beyond the stop line, it shall convey the same indication as the green signal or green arrow signal which was shown immediately before it”
Due to Regulation 36(1)(e) a motorist can still face a driving offence prosecution for driving through an amber traffic signal.
What are the penalties for Traffic Light Offences?
- 3 Penalty Points
When will I require legal representation?
A motorist would benefit from legal advice and representation in the following circumstances:
- If a further 3 penalty points would take the total number of active points to 12
- If you did not commit this offence and would like to progress the case to trial
Things our solicitors look out for in Traffic Light Offence cases
- Procedural errors
- Whether the prosecution has been brought within time
- Whether there is a viable defence
- Whether there is a viable Special Reasons Argument
- Whether an Exceptional Hardship Application needs to be made
Do you require a solicitor for a Traffic Light Offence?
If you have just read our quick guide to Traffic Light Offenses then you should have an idea by now whether you require legal representation for this offense. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
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