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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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I am accused of failing to comply with solid white line road

Customer Question

I am accused of failing to comply with solid white line road markings contrary to sectionXXXXXtraffic act 1988., Received letter. On day in question there was a slow moving vehicle in front of me which I overtook - please advise
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

hi- I need to understand what the likely outcome will be from the notice of intended prosecution on the alleged offence as I already have 9 points on my licence which wont come off until Dec this year


Expert:  Jo C. replied 3 years ago.
I imagine you cannot deny the offence?
Customer: replied 3 years ago.

I don't think so - the police car will I assume have had video . I feel my best defence is to look at the law which I believe says that you can cross a white line under certain circumstances- one being that there is a slow moving vehicle and its safe to do so. There was a slow moving vehicle and I had checked it was safe to pass



Expert:  Jo C. replied 3 years ago.
Its not that simple I'm afraid.

What type of slow moving vehicle is this?
Customer: replied 3 years ago.

it was an oil tanker

Expert:  Jo C. replied 3 years ago.
Do you know what speed it was doing?
Customer: replied 3 years ago.

No I don't know what speed it was doing . Can you please give me some advise here. Is there a speed that matters where I would have a chance of not getting points? Will I be likely to get points - if so I risk loising my license under the totting up policy? Whats my best line of defence. Should I ask police for video evidence ? If they booked me are they liable to say the spee dof the vehiclke was under or over the threshold level for which it would have been okay for me to cros sthe line etc

I need some advise please

Expert:  Jo C. replied 3 years ago.
I am really going to need the information I asked for.

You must have some idea of his speed if you were travelling behind him and found his speed inadequate.

I know you won't know exactly but would an approximation be possible?

On your other points, I can answer without that information but the answer would probably be wrong because not based on facts specific to your situation.
Customer: replied 3 years ago.

Hi - I don't feel as though I have had any advice yet - only questions from you. I was going around 35mph - road was a 50mph speed limit . I have no idea what speed the oil tanker was going but would guess at circa 20mph but I could not possibly know. What would be useful is knowing what the law is on this point and the relevance of your questions. If the oil tanker was going at a certain speed then would I have been allowed to cross the white line if it was safe to do so. That was my iunderstanding but I don't know at what speed that holds true



Expert:  Jo C. replied 3 years ago.
No, thats because I haven't answered yet since I need more information to give you any reliable answer.

This is summarised in rule 129 of the highway code.

This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.

This vehicle was not a maintenance vehicle although sometimes there is leeway upon that but was not travelling at under 10mph.

The supporting law is here at Reg 10 and 26

In particular at Regulation 26 (6)(E) which was why the speed was important.

and, of course, enforced by S36 RTA.

Can I clarify anything for you?

Customer: replied 3 years ago.

thank you okay so it looks like I will not be able to argue a case here . Do you know what the potential fine/penalty will be. As mentioned I have 9 points on my license so my big concern is this will now mean I may get another 3 points and if so would potentially lose my licence under the totting scheme. Is it possible to pay a fine instead or will I most likely get points plus fine?


Expert:  Jo C. replied 3 years ago.
If this is a police prosecution rather than a local council fine then you will get points. S36 RTA carries 3 points and a fine. There isn't a diversion option.

If your other 9 points are within the last 3 years then you will be liable to a ban as a totter unless you can argue exceptional hardship or, of course, they forget to summons you which does often happen.