Traffic law is often very complex, and there are a lot of misconceptions where people may think they are doing the right thing but in fact they could be breaking the law.
KNOW YOUR RIGHTS A
Below are some typical questions that we get asked on a daily basis highlighting these misconceptions - where people could be going wrong and putting their licences at risk.
If you have any questions about traffic law, please feel free to contact us for free legal advice on 01626 359800 or by email to:
advice@pattersonlaw.co.uk.
Q A
I was stuck in traffic and hadn’t been moving for a couple of minutes. When I’m stationary my engine automatically turns off. I picked
up my phone to check a WhatsApp message that I’d received, at which point a cyclist came past and filmed me. I’ve now received a conditional offer of 6 points and a £200 fine. Should I challenge it because I wasn’t moving and my engine was off?
It is an offence to drive whilst using a mobile phone. However, driving does not actually mean moving. You can be driving even though the engine is off and you are stationary.
The law looks at whether you would continue driving. So if for example you are stuck in traffic or stopped at a red light, you could move any minute and therefore, according to the law, you would still be considered as driving.
It might be different if the road was closed, for example if there had been an accident and the motorway was completely shut, but if you were just stuck in traffic that means you would be considered driving and you cannot use your phone.
Q 66
I clipped the wing mirror of a parked car on the way to drop off a customer. I continued on my journey, but when I went back to the scene,
the parked car was gone. I immediately went home and reported it online and have also told my insurance company. Is there anything else I should do?
According to the law, yes, you need to go to the police station or to a police constable and report it as soon as possible.
Under section 170 Road Traffic Act, if you have not stopped and exchanged details with another person, you must report the matter to a police station or a police constable as soon as possible and in all cases within 24 hours. Reporting it online is not enough, and that could see you prosecuted for failing to report an accident, carrying between 5 and 10 penalty points, or even a disqualification, and community orders/prison in serious cases.
Saying that, many police forces advise on their websites that if you have been involved in a collision and not exchanged details to report it online. Even though that is not what the law says!
At Patterson Law we have yet to see somebody prosecuted for reporting a matter online instead of to a police station, and if they were prosecuted for that you may be able to defend it on the basis that you have been advised to report it online via their website.
However, our advice is always that it’s not worth the risk. Ultimately, if you have been involved in a collision, the police are still going to want to ensure that you are not under the influence or drink or drugs, and the requirement to report it to a constable/station will still stand.
Q A
I received a Notice of Intended Prosecution late. I know that when a speeding offence is committed, they have to notify you within 14
days. I didn’t receive it until day 20. Can I challenge it on this basis?
This is one of the most common misconceptions that exists in traffic law and a question we get asked multiple times a
day. The 14 day rule is complex with lots of different parts to it. Firstly, only certain offences require a notice to be served in 14 days. Speeding is one of them, but the first thing to do is always check whether the offence requirement.
itself has the 14 day MARCH 2026 PHTM
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