Going through a red traffic light will normally result in three penalty points and a £100 fine if the matter is dealt with by a fixed penalty notice.
However, not every case is dealt with by fixed penalty. A red light offence can be prosecuted in the Magistrates’ Court, where the maximum fine is £1,000. The court must also impose three penalty points, although it has the power to disqualify a driver instead.
For some drivers, the three points are far more important than the fine. If they take your total to 12 or more penalty points within three years, you could face a separate “totting up” disqualification.
The circumstances in which you crossed the stop line can also be important. There is a difference between entering a junction after the traffic signal has already turned red and finding yourself approaching the line just as the lights change.
Do you have to stop at an amber light?
One of the most common misconceptions is that an amber light simply means you can continue if you think you have enough time to get through the junction. An amber signal actually means you must stop before the stop line unless, when the amber light first appears, your vehicle is so close to the line that stopping safely is no longer possible.
Once the signal is red, you must not proceed beyond the stop line. This distinction can matter when considering an allegation of running a red light. The important question is not necessarily whether your vehicle was somewhere within the junction when the lights turned red, but whether you crossed the relevant stop line when the signal prohibited you from doing so.
What happens if a red light camera catches you?
Many red light offences are detected by cameras positioned at junctions. Where a vehicle is recorded driving through a red light, the registered keeper may receive a Notice of Intended Prosecution together with a requirement to identify who was driving.
The notice should not simply be ignored. The person receiving a requirement to identify the driver has a separate legal obligation to respond. Failing to provide the required driver information can itself lead to prosecution and carries six penalty points.
Once the driver has been identified, the case may be dealt with by a fixed penalty notice or through court proceedings depending on the circumstances.
Where a fixed penalty is offered, the usual outcome is a £100 fine and three penalty points.
What if you only went through the light by a few seconds?
There is no general defence simply because the traffic light had only recently changed to red. If your vehicle crossed the stop line while the red signal was showing, an offence may have been committed even if the light had been red for only a short period.
That does not mean the evidence should simply be accepted without considering it. In a disputed case, we may look at the camera evidence, photographs or footage, the position of the vehicle and the operation of the traffic signal.
There can also be unusual situations where a driver says they crossed the line to respond to an emergency or avoid an immediate danger. Whether that provides a defence will depend on the particular facts and should not be assumed simply because the driver believed they had a good reason for proceeding.
Can you lose your licence for going through a red light?
A single offence will normally result in three penalty points, but those points need to be considered alongside any points already on your licence. If the new points take you to 12 or more within a three-year period, you can be disqualified under the totting-up provisions.
For a first totting-up disqualification, the usual minimum period is six months. This can have much greater consequences than the original red light offence, particularly where somebody needs their licence for work or has caring or other responsibilities that depend on them being able to drive.
This is where exceptional hardship may become relevant.
Could exceptional hardship help if you reach 12 points?
If three points for failing to stop at a red light take you to 12 or more, you may be able to ask the court not to impose the usual totting-up disqualification, or to impose a shorter period, because it would cause exceptional hardship.
Losing your licence will almost always cause some inconvenience or hardship. That alone is not enough.
The court will want to understand the actual consequences of a ban. For example, losing your job may be relevant, but the court can look beyond the effect on you personally. The impact on employees, dependent family members or somebody for whom you provide essential care may also be important.
An exceptional hardship argument is evidence-based. Simply telling the magistrates that you need to drive for work is unlikely to be sufficient. We would usually look at what alternatives are realistically available and what evidence can be produced to support the consequences you say a disqualification would cause.
Our Exceptional Hardship Solicitors can advise you if a red light offence could take you to the 12-point threshold.
Can you defend an allegation of running a red light?
There may be circumstances in which a road traffic offence involving a red light can be challenged, but the available defence will depend on the evidence.
We can consider whether the prosecution can establish that the vehicle crossed the stop line while the red signal was displayed, whether the driver has been correctly identified and whether the relevant procedural requirements have been followed.
It is also important to distinguish between having a defence to the original allegation and trying to avoid a totting-up ban. A driver may accept that they committed the red light offence but still need representation because the resulting points put their licence at risk.
Our motoring solicitors can review the evidence, advise on the likely penalty and represent you in court where necessary.
About the Author
Nathan Seymour-Hyde is a Partner and Head of Motoring at Reeds Solicitors. He is an experienced criminal defence solicitor who represents clients accused of road traffic offences, including traffic light offences and drivers facing disqualification through the totting-up provisions.
For confidential advice, call 0333 240 7373 or email [email protected].
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