KNOW YOUR RIGHTS
In this month’s edition we feature more road traffic issues relevant to the trade supplied by Patterson Law. These questions are based on real enquiries that we have received from professional drivers.
If you need advice on motoring matters please email
e.patterson@
pattersonlaw.co.uk or call us on 01626 359800 for free legal advice.
“
It was fantastic seeing everyone at the PHTM EXPO and we were glad we could help with some very interesting questions. Below are a few of the questions we’ve been asked over the last month, some at the Expo, some by email and some via social media. Not all of these relate to ongoing cases but are hypothetical questions from drivers trying to protect themselves and prevent them from committing offences. We absolutely support educating drivers to try to help them stay within the law and we are always more than happy to answer any questions you may have.
Yes, there is caselaw on it - Wells v Woodward [1956]: “Where a court is satisfied that traffic lights are showing green one way an inference can be drawn, unless the contrary is proved, that they are showing red the other way”
Q A
Q A
74
It’s not a very well-known precedent – but it could be very useful if used in the right way (or very damaging depending on the case and what side you’re on!)
If I hit a parked car but the owner isn’t there, what should I do?
The duty on a driver is to stop and exchange details with any person who might reasonably require them.
So the first thing you should do is stop at the scene and wait for a reasonable period of time to see if anybody returns. If they do, then you must exchange your name address, vehicle registration and insurance details.
If for any reason you cannot exchange details, then the correct thing to do is report the matter to a constable or a police station as soon as reasonably practicable and in all cases within 24 hours. Simply reporting it to your insurance company or by telephoning the police is not enough. The law is clear that it must be reported to a constable or a station.
Q A
Q
If there’s a green light showing one way can the police automatically assume there’s a red light showing the other way?
” A
When is a dual carriage way a 60mph limit or a 70mph limit?
The presence of a central reservation indicates that the speed limit will be 70mph rather than 60mph. Of course, however, this is just for cars. Speed limits for goods vehicles
and passenger vehicles may change.
I got a fixed penalty for speeding for three points. I’ve just realised they have the wrong address on it - it says “22 XXXX Avenue” but it should be “20 XXXX Avenue.” Is there any
chance this could be a defective notice?
It could – but it’s unlikely to make a difference. This is only a conditional offer of a fixed penalty – this is offering you the chance to take points instead of going to court. If you
contest this by arguing that the notice is defective – it just invalidates the offer meaning the case will proceed to court. At court, whether you are guilty or not depends on the evidence of speeding, and not on the conditional offer you were sent.
It may be a different story if there was a mistake on the Notice of Intended Prosecution (depending on the mistake) as that is a legal document required by law in some cases. But a mistake on a conditional offer is not as fatal to their case I’m afraid.
Q A
I was given a ticket at the weekend for driving a van with no MoT. But the van’s only two years old and I didn’t think that vans needed an MoT for three years. Is this correct and is the ticket
contestable?
Yes, you are correct and it’s odd that the police have given you a ticket for that. I would try to make contact with the officer to get a better understanding of why he’s done that, but on
the face of it yes, I would challenge it at court. JUNE 2023 PHTM
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88
