Banged to rights?

Discussion in 'UK Motorcycles' started by Steve Fitzgerald, Jul 28, 2009.

  1. Yesterday I received a penalty charge notice from the London Borough of
    Haringey asking for 60 earth pounds of my hard earned.

    It seems I've been spotted heading south along Bounds Green Road and the
    picture is certainly me.

    Approaching the lights outside Bounds Green tube station there are 3
    lanes, two straight on (one of which is currently mostly blocked with
    roadworks) and one right turn on a light filter. As there was nobody in
    the right turn lane I took the opportunity to use it to filter to the
    front of the middle straight on lane and be away on my toes when the
    lights changed. No animals were harmed in the execution of this move.

    It seems I've committed the heinous crime of (sic) "Failing to drive in
    the direction shown by the arrow on a blue sign Proceeding in the wrong
    direction."

    Now, I went and had a look at this junction again today and there is no
    blue sign (other than a keep left on the island, which I obeyed). So,
    do the turn right arrows painted in the lane have any legal compulsion
    on their own and/or are LBH talking bollocks?

    I shall, of course, be having a little chat with the Union solicitors
    (after all it's part of what I pay for) but I look forward to views of
    the FOAK.

    The money isn't an issue as it's only about 3 hours work and I can't be
    arsed kicking up a fuss if it's going to take up a lot of my time but if
    I didn't do anything wrong then there's a bit of a principle involved
    here.
     
    Steve Fitzgerald, Jul 28, 2009
    #1
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  2. If you are sure, really really sure, there is no blue sign, and there
    was no blue sign at the time in question, then you have not committed
    the offence stated.
    Your question isn't relevant.
     
    Doesnotcompute, Jul 28, 2009
    #2
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  3. Steve Fitzgerald

    Colin Irvine Guest

    Might be worth having a photo.
    NAFAIK.
     
    Colin Irvine, Jul 29, 2009
    #3
  4. Steve Fitzgerald

    TMack Guest

    Google street view shows no blue signs. You have not committed the offence
    described. However, INAL but AFAIK directional arrows are advisory, except
    when accompanied by "turn left/right" or "ahead only" when they become
    liable to a S36 of the 1988 RTA mandatory signage offence. Crossing lanes,
    and causing other traffic to brake or change direction can then render you
    open to a inconsiderate driving charge. However, I can't see how they could
    demonstrate from a photograph that any other driver was affected. However,
    if it is CCTV footage then there is a residual risk.

    I think it is S36 (b) that applies - it refers to signs that are
    "...lawfully placed ON or near a road..." see full wording below.

    36. Drivers to comply with traffic signs.-
    (1) Where a traffic sign, being a sign-
    (a) of the prescribed size, colour and type, or
    (b) of another character authorised by the Secretary of State under the
    provisions in that behalf of the M1Road Traffic Regulation Act 1984,
    has been lawfully placed on or near a road, a person driving or propelling a
    vehicle who fails to comply with the indication given by the sign is guilty
    of an offence.

    If you challenge it there is a risk that they could try to come back with
    the other offence. If you wait a while - until after 14 days have passed
    then they can't issue another NIP for a different offence as they will be
    out of time. You can then contest the original charge with no risk.
     
    TMack, Jul 29, 2009
    #4
  5. Steve Fitzgerald

    Cane Guest

    ARRGGHHH!!!

    I fucking hate that almost as much as "...of this parish"

    You are Colin Hunt AICMFF stabs in your chest.

     
    Cane, Jul 29, 2009
    #5
  6. Steve Fitzgerald

    Speedgazebo Guest

    There's no blue sign. The junction comes up clearly on Google earth
    view and I can't see one. The two srtaight ahead lanes say "Ahead
    Only" but the right lane only says "Turn Right".


    http://maps.google.co.uk/maps?hl=en...fhc-Ld09-tJmWyu3HKy6zA&cbp=12,134.72,,0,10.95
     
    Speedgazebo, Jul 29, 2009
    #6
  7. Steve Fitzgerald

    sweller Guest

    Borag Thungg Earthlet
     
    sweller, Jul 29, 2009
    #7
  8. Steve Fitzgerald

    Colin Irvine Guest

    I like that.
     
    Colin Irvine, Jul 29, 2009
    #8
  9. Steve Fitzgerald

    TOG@Toil Guest

    I was quietly impressed as well.
     
    TOG@Toil, Jul 29, 2009
    #9
  10. In message
    Ah, as someone else has suggested, could the Turn Right part of the road
    markings constitute appropriate signage?
     
    Steve Fitzgerald, Jul 29, 2009
    #10
  11. Steve Fitzgerald

    darsy Guest

    Zarjaz!
     
    darsy, Jul 29, 2009
    #11
  12. Steve Fitzgerald

    wessie Guest

    The camera operator is obviously being a bit of a ****. IMV, if you dispute
    it they will invite you to court and then do you for contravening a filter
    lane direction arrow.

    See s.177 - note the phrase, "Do not enter that lane unless you want to go
    in the direction of the arrow" which seems unambiguous.
    http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070332

    I'd take the 60 quid hit. You don't mention points? I guess there aren't
    any as it is a local authority job.

    Next time, go up the filter lane, change your mind before you get to the
    end of the queue, and pull into the centre lane 1 car from the front.
     
    wessie, Jul 29, 2009
    #12
  13. I also thought this but, having had a quick look at the Highway code,
    1988 RTA and 1984 RTRA, I can't find anything to support that. They
    seem to imply that failure to obey a sign (where a "sign" can be
    marked on the road) falls under S36.

    Does anybody know better than me ?

    Cheers,

    John

    (now worried that every time I come home and turn into my drive from
    the lane marked "Town Centre" I could get a ticket for not obeying the
    road marking and going to the town centre)



    S64 1984 RTRA :

    General provisions as to traffic signs

    (1)In this Act "traffic sign" means any object or device (whether
    fixed or portable) for conveying, to traffic on roads or any specified
    class of traffic, warnings, information, requirements, restrictions or
    prohibitions of any description -

    (a)specified by regulations made by the Ministers acting jointly, or

    (b)authorised by the Secretary of State,

    and any line or mark on a road for so conveying such warnings,
    information, requirements, restrictions or prohibitions.
     
    John Anderton, Jul 29, 2009
    #13
  14. Steve Fitzgerald

    Simon Wilson Guest

    Is the evidence likely to be video, or a still? I'd be really surprised
    if they took it all the way to court on a still, possibly on a video.
    Yebbut no law mentioned in that para?
    I wouldn't.
    I don't see that as much of an improvement over what the OP did.
     
    Simon Wilson, Jul 29, 2009
    #14
  15. Their letter states it's supported by video evidence.

    Assuming they state what I'm supposed to contravene in their notice, can
    they just change their mind later?

    I guess not but I shall see what the Union solicitor has to say
    tomorrow.
     
    Steve Fitzgerald, Jul 29, 2009
    #15
  16. Steve Fitzgerald

    Champ Guest

    Klaatu barada nikto!
     
    Champ, Jul 29, 2009
    #16
  17. Steve Fitzgerald

    ogden Guest

    xyzzy
     
    ogden, Jul 29, 2009
    #17
  18. Steve Fitzgerald

    zymurgy Guest

    ****, I'm nerdy enough [1] to recognise that, from the original
    film :-0

    Paul.

    [1] Yeah, I know, no epiphany there then
     
    zymurgy, Jul 29, 2009
    #18
  19. Well, it is a classic film... Of course, Keano's version crapped all over
    it.

    But then, so are the other films that use it.
     
    Andrew Halliwell, Jul 29, 2009
    #19
  20. Steve Fitzgerald

    ogden Guest

    Eh? It's a classic, you're hardly unique in recognising it.

    For full geek points, answer this question correctly:

    GAFFC?
     
    ogden, Jul 29, 2009
    #20
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