Fixed Penalty legal time-lapse

TooManyPoints

What brian is probably thinking about is that the offence is "de minimis". That is, that the individual circumstances surrounding this particular offence make it too trivial to warrant action. The police clearly think otherwise.

Ebe_Scrooge

froggy2021 said:

I was driving 20mph in a 30mph with my hazard lights

This contravenes the Highway Code rule 116: https://www.gov.uk/guidance/the-highway-code/general-rules-techniques-and-advice-for-all-drivers-and-riders-103-to-158#rule116

"You MUST NOT use hazard warning lights while driving or being towed unless you are on a motorway or unrestricted dual carriageway and you need to warn drivers behind you of a hazard or obstruction ahead."

That probably didn't help matters :-( I'm not judging, just saying it may be a contributory factor, quite possibly the reason you were stopped in the first place.

Car_54

Ebe_Scrooge said:

froggy2021 said:

I was driving 20mph in a 30mph with my hazard lights

This contravenes the Highway Code rule 116: https://www.gov.uk/guidance/the-highway-code/general-rules-techniques-and-advice-for-all-drivers-and-riders-103-to-158#rule116

"You MUST NOT use hazard warning lights while driving or being towed unless you are on a motorway or unrestricted dual carriageway and you need to warn drivers behind you of a hazard or obstruction ahead."

That probably didn't help matters :-( I'm not judging, just saying it may be a contributory factor, quite possibly the reason you were stopped in the first place.

And the rule in question says "MUST NOT", and points to the relevant legislation. This means that disobeying the rule is a criminal offence.

Ebe_Scrooge

[Deleted User] said:

Ebe_Scrooge said:

froggy2021 said:

I was driving 20mph in a 30mph with my hazard lights

This contravenes the Highway Code rule 116: https://www.gov.uk/guidance/the-highway-code/general-rules-techniques-and-advice-for-all-drivers-and-riders-103-to-158#rule116

"You MUST NOT use hazard warning lights while driving or being towed unless you are on a motorway or unrestricted dual carriageway and you need to warn drivers behind you of a hazard or obstruction ahead."

That probably didn't help matters :-( I'm not judging, just saying it may be a contributory factor, quite possibly the reason you were stopped in the first place.

And the rule in question says "MUST NOT", and points to the relevant legislation. This means that disobeying the rule is a criminal offence.

Exactly.  It's probably the sort of thing that you'd get a telling-off for in normal circumstances, and if it were in isolation (same as having a rear light out) - but if there's some other rule that's also being broken at the same time, then they may decide to take a tougher approach.

Ditzy_Mitzy

brianposter said:

I would have thought that it could reasonably be argued that the offence is trivial. It is perfectly normal to move a car with a flat tyre to somewhere where the tyre can safely be changed.

It cannot be reasonably argued that the offence is trivial.  Driving with defective tyres is a specific offence, code CU30, and carries a minimum of three penalty points.  

brianposter

The offence is obviously trivial. Reference to legal texts cannot change the facts.

But obviously a judge may not agree with me.

DB1904

brianposter said:

The offence is obviously trivial. Reference to legal texts cannot change the facts.

But obviously a judge may not agree with me.

Trivial: adjective of little value or importance.

So why does it carry points?

Car_54

brianposter said:

The offence is obviously trivial. Reference to legal texts cannot change the facts.

But obviously a judge may not agree with me.

The facts are that 1) it is an offence and 2) it was committed.

No need for legal texts.

brianposter

DB1904 said:

brianposter said:

The offence is obviously trivial. Reference to legal texts cannot change the facts.

But obviously a judge may not agree with me.

Trivial: adjective of little value or importance.

So why does it carry points?

Because it is not possible or practicable to write legislation to cover all circumstances.

Ditzy_Mitzy

brianposter said:

DB1904 said:

brianposter said:

The offence is obviously trivial. Reference to legal texts cannot change the facts.

But obviously a judge may not agree with me.

Trivial: adjective of little value or importance.

So why does it carry points?

Because it is not possible or practicable to write legislation to cover all circumstances.

Undoubtedly.  However legislation has been written to cover this circumstance

The Road Vehicles (Construction and Use) Regulations 1986 (legislation.gov.uk)