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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70193
Experience:  Over 5 years in practice.
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Hi, last year, as a pedestrian, I was walking home and came

Resolved Question:

Hi, last year, as a pedestrian, I was walking home and came up to a level crossing. I was going to cross but just at that moment the lights started flashing, so I quickly nipped across. Have I broken the law and what is the likely penalty. I cannot remember the exact date.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
No. You are a pedestrian. You are not subject therefore to the Road Traffic Act.
It might not have been a brilliant idea to do this but it is not an offence.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

If it is not an offence under the road traffic laws is it an offence under any other statute

Expert:  Jo C. replied 2 years ago.
No.
I suppose it might offend against local bye laws but that is not likely and anyway they could not trace you.
Customer: replied 2 years ago.

I am still rather confused. I recently looked up a British Transport website which said that pedestrians could be fined for misusing level crossings. Is this not the case then ?

Expert:  Jo C. replied 2 years ago.
Only on the basis of a local bye law.
Customer: replied 2 years ago.

Thanks for your reply. I have looked up the CPS guidelines for prosecution and I would, as far as I understand it, have not been prosecuted, as my actions would have only resulted in a technical breech of the law.

Expert:  Jo C. replied 2 years ago.
Technical breaches of the law are offences. There is no defence in saying that the breach is only technical.
I'm happy to continue with this but please leave feedback for my answer.
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