FAQ
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.
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FAQ
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You may therefore be better off taking the 3 points and £60 fine as that offer will be withdrawn if you proceed to Court.
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FAQ
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.
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