Motoring offence on motorway

dcfc67

My partner was observed  by the police for driving in the middle lane of 3 on the motorway on an empty motorway whilst driving at 70 MPH for 1 mile.

She was pulled over police officer said it wouldn't go to court but she would get some paperwork within 28 days.

Some paperwork has arrived with option of an awareness course or pay £100 fine and 3 points.

This arrived after 40 days.

Is this enforceable.

I read conflicting information, 14 days for  NIP, 28 days as stated by the police officer or up to 6 months in some cases.

Which is correct

soolin

Being stopped at the time means the 14 day rule doesn’t apply, so the claim is in time. It is the 6 months time limit that counts. 

TooManyPoints

Indeed. Her option will be to decline (or ignore) the offers of a course or a fixed penalty, and see the matter heard in court. There are only two deadlines the police have to worry about.

1. Fourteen days to serve a Notice of Intended Prosecution on the Registered Keeper (provided the offence requires one under Section 1 of the Road Traffic Offenders' Act). This does not apply here as the driver was stopped and warned at the time.

2. Six months (12 months in Scotland) to begin court proceedings. 

Just a point of pedantry:

...so the claim is in time. 

This is not a claim. It is an offer to dispose of the matter without court action.

dogshome

On an empty Motorway ! ?

Some years ago I was stopped by an officious police patrol for useing the middle lane at 3am at 70mph

After listening to their rant, I honestly replied that when being taught to drive I had been schooled to always recognise  my biggest point of danger at any one time, and at that time it was wildlife such as foxes and deer invading the carriageway.

Without another word they shrugged and went back to their car

unforeseen

So you didn't mitigate the risk by reducing your speed? 

user1977

dogshome said:

On an empty Motorway ! ?

Presumably not quite empty if the police were also there...

facade

unforeseen said:

So you didn't mitigate the risk by reducing your speed? 

If the hazard is animals straying from fields/woodland on the hard shoulder side into the carriageway, then you reduce the risk they would cause by moving further from where they are likely to be, surely??

Slowing down would reduce the damage if you hit them and make it more likely you could stop, so that hazard would be colliding with animals already on the carriageway. Again occupying the centre lane would give you more options on steering around them.

All depends on the actual risk assessment dogshome did.

prowla

Maybe some lessons on using the motorway would be in order.

Rule 264

Keep in the left lane unless overtaking.

• If you are overtaking, you should return to the left lane when it is safe to do so (see also Rules 267 and 268).
• Be aware of emergency services, traffic officers, recovery workers and other people or vehicles stopped on the hard shoulder or in an emergency area. If you are driving in the left lane, and it is safe to do so, you should move into the adjacent lane to create more space between your vehicle and the people and stopped vehicles.

An awareness course seems to be a good idea.

molerat

The scenario was on Motorway Cops this week with car in lane 3.  Police car went from inside lane to lane 4 to go round them, back to inside lane and slowed down to let them pass, followed them and pulled them.  Driver couldn't see the problem.

facade

molerat said:

The scenario was on Motorway Cops this week with car in lane 3.  Police car went from inside lane to lane 4 to go round them, back to inside lane and slowed down to let them pass, followed them and pulled them.  Driver couldn't see the problem.

The Rules (and the Law) say that you should keep to the left most lane except when overtaking, because presumably they have to be interpreted simply, and easily enforced.

Staying in lane 3 or (2 of a 3 lane motorway) would put any vehicle with a trailer, or HGV in the position of having to undertake if they wanted to pass.

Dogshome's story is an example of when common sense overrules robotic enforcement. They listened to his explanation which was a good one and showed that he was aware of what was going on- so they took no action*.  After all, it is just an extension of when you drive down the middle of an empty country lane in the dark to avoid having to stop/hit/swerve round sticking out branches, pedestrians wearing dark clothes and hoodies walking on the wrong side, flytipped rubbish spilling out of a field entrance, crumbled edge of the road etc.

I have to admit that I would robotically drive in the first lane, whilst muttering

Must watch for animals/debris in the lane....must keep below 70.....must look for cars on hard shoulder and move out... check behind...

*he didn't say, but I'd expect them to insist he drive in the left lane despite the advantages of the centre so as to comply with the Law.

531063

Lane's: 2,3,4, etc are all for overtaking and not driving in.