The RAC has clarified what drivers should do when temporary traffic lights are stuck on red or not working, and whether crossing them risks a fine or penalty points.
The RAC has put to rest the debate surrounding the legal consequences of driving through temporary traffic lights that are stuck on red. It’s a question that countless drivers have pondered while sitting and waiting… and waiting.
Do you simply sit there indefinitely, ring the police, turn around and seek an alternative route – and what if there isn’t one? On the RAC website, one user wrote: “I have been in a situation before where I have waited at a red light for over 15 minutes with a queue building behind me and people getting out of their cars.
“People were coming through from the other directions no problem. Eventually, I timed it in my head, thought both lights for the other directions of traffic would be red, and went for it, and everyone followed me. No problems occurred.
“Basically did I do anything wrong? Should you technically wait indefinitely / find another route, or is there a time limit after which it is reasonable to assume they are broken?”.
Another motorist posted: “I was shopping in an out-of-town supermarket whose car park entry and exit lanes to and from the main road are controlled by traffic lights. On trying to exit the car park today, I was confronted by a long queue of cars also trying to get onto the main road, but the traffic light was stuck on Red.”
“We waited for about 10 minutes before someone approached the lead car and obviously suggested going through the Red light when it was safe to do so. The car did exactly that, and the rest of us followed. I reported the fault to the police who were very helpful in promising to notify the roads department.
“But when I asked what the legal position is re. going through an obviously dysfunctional red light, I was given a cold shoulder response. And I cannot find any useful guidance on the web. So here I am asking what should we do if it happens again?”
In response, one user wrote: “Believe it or not, you are not supposed to pass through a red light at all. As far as I know, it is down to the Police to have them turned off until repaired, and if necessary send a PC to control traffic, and in the meantime, as a motorist, you are expected to wait for this to happen. I would add, though, that when I have come across a similar scenario, I allow common sense to dictate that I pass through, although as you say, with a great deal of caution.”
A second contributor chipped in: “The legal position is that you are not allowed to go through a red light under any circumstances. For this to be workable, the police, or any authorised body, would need to respond immediately.”
Highways Code Rule 176 states: “You MUST NOT move forward over the white line when the red light is showing. Only go forward when the traffic lights are green if there is room for you to clear the junction safely or you are taking up a position to turn right. If the traffic lights are not working, treat the situation as you would an unmarked junction and proceed with great care.”
The RAC has weighed in on the matter – and in terms of strict liability, motorists will be breaking the law by jumping a red light. Furthermore, should a collision occur, this could have serious implications for any legal proceedings.
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It said: “If you are caught crossing the stop line after the lights have turned red, the usual penalty is a £100 fine and three penalty points on your licence. This can be more if your case is referred to the court system.”
Regarding any potential defence, it stated: “As a ‘strict liability’ offence, you won’t get away with simply insisting you ‘didn’t intend’ to run the light, if photographic evidence proves you did.”
The only circumstances which may offer a defence include:
- Proving you did not go through the red light
- Proving there was a defect with the light or related signage
- Further, special reasons may also be considered by a court and lead to a re-assessment of your punishment.”
The standard punishment for jumping a red light is a £100 fine and three points added to your driving licence. Those points will remain on your record for four years.