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QLD Contesting Traffic Infringement Notice?

Discussion in 'Traffic Law Forum' started by Glen71, 10 April 2018.

  1. Glen71

    Glen71 Member

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    I have been sent a traffic infringement notice for "failing to safely stop at an orange light", which I am disputing as the officer had no direct evidence to support the charge. At what point would you get charged for failing to stop at a red light? When you go over the stop line or if going through an orange light if you don't clear the intersection in time?
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    This should be in the traffic forum...

    The requirement is that you stop on a yellow light (orange... I was taught it was amber) unless it is unsafe to do so. Once you break the solid white line/entered the intersection, you've run the light.
     
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  3. Glen71

    Glen71 Member

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    Amber/orange/yellow. I realise this for the amber light. The light went from green to amber before I entered the intersection, I am not disputing this. The traffic officer alleges I had 43m to stop safely but had no clear view to back this up.

    My claim is that I had less than 20m, which given it was a wet day isn't adequate to safely stop. If I had 43m as suggested then for a 4 second light delay I would have run a red light not an orange. What I am asking is at what point are you deemed to have run a red light rather than an amber?
     
  4. Rob Legat - SBPL

    LawTap Verified Lawyer

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    I would say it depends on the nature of the intersection, but generally if the light turns red before you enter the intersection you've run a red light. If it turns red while you are in the intersection, you've run a yellow light.

    For both red and yellow lights, the road rules talk about 'approaching' and when they must stop. In terms of stopping, both provisions talk about:

    - If there is a stop line, as near as practicable but before the line;
    - if there is a 'stop here on red signal' sign (but no stop line), as near as practicable but before the sign; or
    - if there is no stop line or sign, as near as practicable but before the nearest traffic light.

    I would think then that the relevant point is the entry point of the transaction, and the relevant colour is what was shown right before you did so.

    It appears to be the same penalty for both infringements in any case.
     
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  5. Clancy

    Clancy Well-Known Member

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    The number one rule of traffic law is that officers are not the ones who need evidence, you are, because the system is based on guilty unless proven innocent. And therefore, the answer to your question as to at what point are you deemed to have 'run' an orange light... That answer is... 'whatever a random policeman happens to decide it is'. That is the answer, sorry.

    The way to defend yourself against this kind of thing in future is to have a dash cam.
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Whatever the points of law (and they are plentiful) the case seems a bit weak. 23 metres on a wet road. How could the officer say it was at least 40 if he had no clear view?

    I'd contest it.
     
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