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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78003
Experience:  Over 5 years in practice.
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Received a penalty for disobeying a moving traffic sign

Customer Question

Received a penalty for disobeying a moving traffic sign (keep left arrow) and passing through the middle of a traffic calming measure. The issue is i had been diverted onto the road by a uniformed police officer who instructed me I could pass through the middle of the measure if needed to as i raises concern about being able to navigate this obstacle at the time i was diverted.
Assistant: What state was the citation in? And have you consulted a local attorney?
Customer: I appealed but it was rejected. Uk
Assistant: Do you need to appear in court?
Customer: No but i need to appeal.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: apeal will be to the adjudicator.
Submitted: 6 months ago.
Category: Traffic Law
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 6 months ago.

What is it you want to know about this today please?

Customer: replied 6 months ago.
I wish to know what law i may quote to support my appeal. Ie. My understanding is that i must follow instructions given to me by a police officer and this overrides a directional traffic sign. What is the law and section i can rely on
Customer: replied 6 months ago.
No thank you. I do not require a phone call. I merely require the answer to the question please.
Expert:  Jo C. replied 6 months ago.

hello

is this issued by the police or the local council?

Customer: replied 6 months ago.
Local council. Have appealed but appeal rejected. Now option to refer to independent adjudicator for final decision
Expert:  Jo C. replied 6 months ago.

Oh ok,

I suppose the officer isn't identifiable?

Customer: replied 6 months ago.
No. I didn't see a need to record his number at the time. He was diverting traffic following a road traffic accident
Customer: replied 6 months ago.
By way of context, ive pasted below my original appeal that sets out the situation in more detail for you....I’m writing to appeal the above PCN. Please find below my grounds of appeal and Thank you for taking my appeal into account.Reasons for Appeal: Contravention did not occur
1. Due to a road traffic accident on Highbury Park (A1201) I was diverted onto Riverdales road by a uniformed police officer. I raised concern with the officer as there was signage indicating a width restriction and I was carrying a full load in a hire vehicle and I was not confident that I would be able to navigate the restriction. The police officer instructed me that I may use the pass-through lane in the middle of the restriction and I followed the instructions I was given.
2. I am also appealing on the basis that the alleged contravention did not occur due to poor signage and missing information. Upon approach to the width restriction the situation is confusing. There is not a “No entry” sign, no warning signs prohibiting use of the pass-through lane and broken road markings indicate you may enter which contradicts the arrow sign that indicated to keep left. Furthermore, the resident parking space immediately before the width restriction is not of sufficient distance and creates a hazard upon approach. Lastly, due to the roads layout, it would not have been safe for me to attempt to turn around, as I could not do so without causing a significant hazard to vehicles traveling in the opposite direction.
Thank you for giving my appeal your consideration and I await the outcome.
Customer: replied 6 months ago.
I have also attached a picture of the rejection notice so you may see the rejection grounds advanced.
Customer: replied 6 months ago.
Hope this helps
Expert:  Jo C. replied 6 months ago.

Thank you.
It is an interesting argument actually.

I must say that as a matter of law, I'm not sure that it is right that an officer's instructions over rides a traffic sign. An officer cannot give unlawful orders. I suppose you could argue duress of circumstances though if indeed there was no other option.

Point 2 is a very good point though and you should pursue that.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
My understanding was there is a exception to following a mandatory road sign if instructed to do so by a uniformed police officer and this would be set out in the road traffic act or the traffiic management order that may in place to enforce the road sign?Also, it is not clear to me where the rules / law is set out on what Vehicles may use the pass-through option on a width restriction? The reply i have received states that its emergency and other vehicles but i am not clear where the use for this option would be clearly set out? It must be somewhere and other is very ambiguous. Lastly, what is the law on the requirements to make things clear? Ie, the lack of any prohibition or use signage associated with the pass through creates confusion and is contradictory to common sence.
Expert:  Jo C. replied 6 months ago.

That depends on the management order.

I'm not sure I understand your second question?

As far as signage goes though, it has to be sufficient so that the reasonably observant motorist knows what is or is not required of him. The reasonableness test is fairly common in law.

Customer: replied 6 months ago.
Second question was where is the law / rules that set out permissible use for pass through option on a width restriction. Doesn't look like you know or can help me but thanks anyway. Best regards