Taxi Driver Online

the scene- 2 way street, partial width reduction due to roadworks, temp lights at either end 50-60 yds apart, straight line of vision to both ends.

the players- 6 cars either end stopped by red light.

time elasped- 4 minutes+

the incident- taxi driver at front of queue goes through red light, 2 cars back in same queue, police car moves out and follows him, puts blue lights on and pulls him over.

the result- charged with traffic offence and given a £60 fixed penalty and 3pts.

the question- can he appeal as the lights were stuck on red, or having taken the fixed penalty is he duty bound to pay?

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My heart is heavy, but my consience clear,
I voted Yes, without any fear.

Exactly the same thing happened to me in Warrington many years ago. I asked a solicitor who contacted the Manager of the Highways Department. Manager admitted that the lights had been faulty on a number of occasions and sent him a letter. My solicitor then sent a copy to the Chief Constable who then dropped the charges. Incidentally the police also tried to say I didn’t stop at the broken traffic lights even though they were half a mile behind me at the time . Nice solicitor he only charged me a bottle of whisky.

Temporary lights have the same legal standing as fixed red lights. Also a charge of dangerous or careless driving could be made.

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IDFIMH

it is a very frequent occurence though for lights to be stuck on red i doubt there is a driver here that hasn't got fed up and gone through when they are stuck BUT if the police are about they will pull you. I think in this instance though if the lights had been stuck that long the police should have got out of their car and directed the traffic I have seen that happen once or twice with the police waving traffic through a stuck red light.

I did once phone the police up to report failed temporary lights and was told to go through on red admittedly this was at 06.30 am when there was little traffic about and no patrol cars within 10 miles to deal with the matter

Street legal: Be alert - red is not the only danger sign

Traffic signals are not always easily interpreted and caution is advised even when you see a green light, says Fenton Bresler


http://www.telegraph.co.uk/motoring/4746227/Street-legal-Be-alert---red-is-not-the-only-danger-sign.html

ACCORDING to a recent news report, temporary traffic lights on a stretch of road leading to the historic village of Mickleton in County Durham, installed so that landslide damage could be repaired, are still in place after four years - without the work having even started. The county council cannot afford the £160,000 cost. Yet to date these so-called temporary lights have stopped an estimated 1,450 motorists and will continue to hold up drivers for a long time to come.

So this set me thinking: what is the law about traffic lights, permanent and temporary? For a start, what actually do the lights' different colours mean? Red alone is a legal command to "Stop", and you must wait behind the line marked on the road. Red and amber also mean "Stop" and you must not pass through or start until green shows. Amber alone means "Stop" and you may go on only if the light appears after you have crossed the stop line or are so close that to pull up might cause an accident.

Green means you may go on - but only if the road is clear. You should treat its invitation to proceed with caution. As the Highway Code advises: "Take special care if you intend to turn left or right and give way to pedestrians who are crossing." Regulation 33(2) of the 1994 Traffic Signs Regulations spells out that when traffic lights say you can proceed, you should only do so "with due regard to the safety of other road users".

Do not be tempted to "jump the lights". That could not only cause an accident but lead to a charge of failing to obey traffic lights (maximum fine £1,000 and three penalty points), or even careless driving (maximum fine £2,500 and three to nine penalty points).

Four common situations are of interest:

The traffic lights do not work. If you disobey an official set of traffic lights, whether working properly or not, you commit an offence against the 1994 Regulations. But if the lights are jammed at red, you must either turn round and find another outlet or stop - and remain there until a police officer or traffic warden comes along and countermands the red light by beckoning you forward.

However, a judge commented many years ago in a case at Hertford Quarter Sessions (the equivalent of a present-day Crown Court) that, if a motorist were to edge forward carefully without causing damage or injury, the appropriate sentence would be an absolute discharge - which does not count as a conviction. So, in practice, a police officer should only give you a gentle warning.

But if the lights fail completely and show no colour whatsoever, the position is different. You can treat the junction as uncontrolled and you commit no offence, even technically, in proceeding with extreme caution.

Temporary traffic lights at road works and traffic control schemes. What is their legal status? As the Mickleton example confirms, once officially installed, these continue to have effect until such time as they are officially dismantled. Some motorists believe that, even when they are showing red, you do not have to stop if you can safely see your way ahead. That is simply not so. The 1994 Regulations give "temporary" lights equal validity with overtly permanent traffic lights. If they show red, you must stop - even if the way ahead is clear.

Aggressive windscreen-cleaners at traffic lights. They are breaking the law. Section 5 of the 1986 Public Order Act clearly states: "Using threatening, abusive or insulting words or behaviour or disorderly behaviour in public within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby" commits an offence for which they can be fined up to £1,000. The police, with other priorities in mind, tend to be reluctant to act - but that is another matter.

Need police cars, ambulances and fire engines obey traffic lights? Not if it hinders their work. A Home Office spokesman says: "There is no carte blanche for drivers of emergency service vehicles to disregard red traffic lights or any other road sign. However, the legislation encourages drivers on emergency journeys to regard red traffic lights as a "Give Way" sign. Once they have alerted other drivers to their presence and indicated the direction they wish to take, they can pass through red lights as soon as it is safe to do so." (My italics.)
But all this is criminal law. What about civil law, where the only issue is whether you can sue or be sued by another citizen for damages in the event of an accident?

In Eva (Joseph) Ltd v Reeves, as far back as 1938, the law was laid down in uncompromising terms: a driver with a green light in his favour owes no duty to traffic entering a crossing in disobedience to the lights - except that, if he actually sees such traffic, he must take all reasonable steps to avoid a collision.

In other words, although many prudent motorists look to see if anyone is likely to disobey the lights, they are unlikely to be held guilty of contributory negligence for failing to do so. So, for instance, when a motorist with his right indicator flashing moved off to turn right at traffic lights and was hit by a car that crossed the lights at red from the opposite direction, a judge ruled that the motorist turning right was partly responsible and reduced his damages by a tenth.

But the Appeal Court overruled him and said that the driver was entitled to assume he was visible to the other motorist and that it was safe to cross.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

From memory I think the longest the lights can stay red is 240 seconds. It is possible for them to get 'stuck'. The Police may well pull you over but if you and others (preferably from the same queue) prove they are stuck they'll probably end up just reporting it to the LA. Certain sets of temporary signals are notorious for this.

You don't have to stop at Temporary traffic lights if the road a head is clear. A copper once told me that it's not illegal to go through a red light as long as you go through at caution, it's the same when an emergency vehicle goes through a red light, it always slows down.