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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice.
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Hi. I have been charged with overtaking a moving/stationary

Customer Question

Hi. I have been charged with overtaking a moving/stationary vehicle within zig zag lines on a toucan crossing.
The offence actually took place on a zebra crossing whilst filtering stationary cars on a motorcycle during a traffic jam.
There is no toucan crossing on the named road.
The highway code says it is only an offence to overtake a moving vehicle on a zebra crossing. Could I contest this charge.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the offence please?
Is this driving without due care and attention?
Customer: replied 3 years ago.

Hi Jo,

The offence is Overtake moving/stationary vehicle within zig zag road markings of a toucan crossing.

There is an offence code of TS02014.

I have been offered a course on the National driver offender retraining scheme as an alternative to points on my licence.

Expert:  Jo C. replied 3 years ago.
Those are the particulars.
Does it quote legislation?
Customer: replied 3 years ago.

There is no mention of any specific legislation.

Expert:  Jo C. replied 3 years ago.
Ok. That is just a fixed penalty then.
The law is fairly clear.
Prohibition against vehicles overtaking at crossings
24.—(1) Whilst any motor vehicle (in this regulation called “the approaching vehicle”) or any part of it is within the limits of a controlled area and is proceeding towards the crossing, the driver of the vehicle shall not cause it or any part of it—
(a)to pass ahead of the foremost part of any other motor vehicle proceeding in the same direction; or
(b)to pass ahead of the foremost part of a vehicle which is stationary for the purpose of complying with regulation 23, 25 or 26.
(2) In paragraph (1)—
(a)the reference to a motor vehicle in sub-paragraph (a) is, in a case where more than one motor vehicle is proceeding in the same direction as the approaching vehicle in a controlled area, a reference to the motor vehicle nearest to the crossing; and
(b)the reference to a stationary vehicle is, in a case where more than one vehicle is stationary in a controlled area for the purpose of complying with regulation 23, 25 or 26, a reference to the stationary vehicle nearest the crossing.
That is fairly clear. It means that you can filter any other vehicle than the approaching one basically because that would obscure your view of the crossing.
The only issue really is that if you don't pay this they may always summons you to court for driving without due care and attention which is a catch all piece of legislation. That may fail but it is an option for them.
Can I clarify anything for you?
Jo