Traffic Lights

Whilst I was stationary at traffic lights and my gearbox was set to “park” I used my mobile phone.  The Police issued me with a Fixed Penalty. My mobile was not used at any ther time except whilst I was stationary.  The police advised me that due to the ignition being on this was still an offence. Is this correct?

The Police are correct.  If the vehicle was not parked, stationary and engine off, it is being “used” as far as the law is concerned.  This is particularly the case if you are in a queue of traffic waiting at lights etc., as opposed to pulled up out of the traffic at the side of the road. In those circumstances, you are best off cutting your losses and taking the Fixed Penalty. You will also need to advise your insurers of the points imposed.

I was caught speeding through a red traffic light. Do I now face 2 offences or can they be treated as one offence?

You should not be prosecuted for both allegations. In all probability, you will receive a Fixed Penalty for the traffic light allegation and no action will be taken for the speeding. Even if you were to be prosecuted for both allegations, as these are “simultaneous offences”, you should only receive penalty points for one offence.

I have received a Fixed Penalty for a traffic light offence. If I had performed an emergency stop, it would have meant that the person behind me would have hit me. Do I have a case if I take this matter to Court?

This is an “absolute offence” which means that you will be convicted  if the Police can show that your vehicle crossed the stop line when the red line was illuminated. The rules are that you must stop on amber, unless it is unsafe to do so but you must stop on red, regardless of the circumstances.

There is an outside chance that the Court may decide not to impose points if you can prove that a collision would have occurred had you stopped but this is extremely remote and you would have to show that the vehicle behind did not come to a halt in order to support your case.  However, if you run the case to Court and lose, you would face increased costs and a higher fine.

I have received a Notice of Inteded Prosecution for failing to comply with traffic light signal. Will requesting photographic evidence make a difference?

It is always worth asking for the photographic evidence, particularly as to prove the offence, the Police will have to show that your vehicle crossed the line whilst the red light was illuminated.  Although this is a strict liability offence, meaning that such evidence prevents any defence being raised, if the Police cannot produce the photograph, or evidence to support the allegation, they cannot prove the case.  You have nothing to lose by requesting the photograph.

I have a provisional driving licence and whilst being supervised, I drove through a red traffic light. The car is registered under the supervisor’s name and we were complying with “driving with provisional licence” regulations.  Who gets the penalty?

Even though you are a provisional licence holder, you are expected to exercise the same standard of driving as that of a full licence holder. Consequently, you will be convicted of this offence. In theory, the supervising driver could also be found guilty of an offence (failing to supervise) but if he can show that he was actively attempting to prevent the error, any allegation against him should be dismissed.

I have received a Notice of Intended Prosecution for crossing a red traffic light. The NIP states that the time into red was only 1 second. The amber light was previously on for 2.9 seconds. Legally does the NIP apply if the red light was only illuminated for a second? Is it worth appealing?

Red traffic light offences are strict liability.  The rules are that you must stop on amber, unless it is unsafe to do so. You must stop on red, regardless of the circumstances.  If the lights were red for one second, you will be convicted. You can ask to see the photographic evidence etc, but if the lights were red when any part of your vehicle crossed the stop line, you will lose.
 
You may therefore be better off taking the 3 points and £60 fine as that offer will be withdrawn if you proceed to Court.

I have received a Notice of Intended Prosecution for contravening a red traffic light. I honestly do not remember this offence and therefore would like to view the evidence. How can I obtain the photo?

Firstly, you will need to confirm that you accept you were driving at the time of the alleged incident.  Most Police forces will not consider sending evidence until identity is established.  Thereafter, you can contact the Police and ask for the photograph.  Although, strictly speaking, there is no obligation to provide evidence until a Summons is issued, many Police forces will disclose information either via letter, posting it on a website or alternatively allowing you to view it at a Police Station.  If the Police refuse initially to co-operate, be persistent and remind them that it is in their own interest to assist you as that may well result in the case being concluded more promptly.