Highway Code changes lay down the law on new Motorway Rules

Highway Code changes lay down the law on new Motorway Rules

Highway  Code is the official guide  to inform all drivers of their legal obligations and best practice for day-to-day driving.

The use of MUST NOT within the Code signifies that this is a legal requirement and drivers can be prosecuted for ignoring it.

The standard penalty for ignoring a red X symbol is a £100 fixed penalty notice.

The new updates have been made to reflect changes to the Traffic Signs Regulations and General Directions (2016) legislation, which sets out the appearance and purpose of the country’s road signs.

Smart motorways

The changes have been made to inform drivers about how they should respond to the red X symbol, which appears on central reservation signs and smart motorway, overhead gantries to inform them of lane closures.

Rule 258 of the Code now states:

“Red flashing lights. If red lights flash on a signal and a red “X” is showing, you MUST NOT drive in the lane shown as closed beyond the signal. This applies until you pass another signal indicating that the lane is no longer closed, by displaying the word “End” or a speed limit sign and you are sure that it is safe to proceed.

“Red flashing lights. If red lights flash on a signal in the central reservation or on the side of the road and lane closed sign is showing, you MUST NOT go beyond the signal in any lane.”

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The red X signs are used on around 300 miles of smart motorway where there is no hard shoulder or the hard shoulder has been converted into an extra lane for traffic.

They can be activated remotely to shut a lane affected by a breakdown or accident but there are fears many drivers are ignoring them and having to swerve at the last minute to avoid obstructions.

Until recently, police had to catch you in the act to be able to issue an FPN but since June 10, forces have been able to use footage from gantry cameras to identify offenders and automatically issue then with fines.

Controversy                             

Smart motorways have caused controversy since they were introduced.

On some the hard shoulder has been turned into an extra regular lane either at peak times or permanently. Supporters say this helps add road capacity and ease congestion with relatively little cost.

Matt Pates, who manages the East Midlands division of Highways England, recently argued that hard shoulders were no longer necessary as modern cars were far more reliable than older vehicles.

He also claimed motorways are “as safe, if not safer” without hard shoulders as they are “inhospitable” places for drivers, most of whom now get advanced warning if their car is developing a fault.

Critics, however, argue that removing the Emergency Lane would leaves drivers without somewhere safe to stop should their car develop a sudden fault and puts recovery crews at greater risk. They also argue that not having a clear hard shoulder makes it harder for emergency vehicles to get through traffic when called to an incident.

Government unlikely to end motorway fuel rip-off

 Signs to help drivers compare the cost of motorway fuel have been in the pipeline for two years. But ministers still can’t say when the scheme will be up and running.

Drivers continue to face sky-high motorway fuel prices because the government is dragging its heels on plans to increase competition between service stations.

Investigation carried out by Office of  Fair Trading  in 2013 found that fuel prices were typically 7.5p a litre more for petrol and 8.3p more for diesel on motorways.

The watchdog recommended that a network of signs which compared fuel prices at all the service stations  should be placed on upcoming sections of motorway.This would enable drivers to use the best-value retailer, and the competition would help force prices down and make driving cheaper.

At present, service stations can get away with charging higher prices for fuel as well as for other amenities, because drivers are unable to shop around for cheaper deals.

The OFT’s suggestion was initially welcomed by ministers, with David Cameron announcing in May 2013 that he had ordered the Department for Transport (DfT) and the Highways Agency to begin work on developing a network of signs.But more than two years later, Britain still awaits its first motorway fuel price sign.

Meanwhile, Figures published by the AA at the end of July showed that while the average price for both petrol and diesel was 116.6p a litre, costs on the motorway were more than 10p a litre higher. Service-station diesel cost as much as 127.9p a litre while petrol cost 125.9p a litre at the time the research was carried out.

The government now appears to have changed its tune and is going back on what it clearly stated about a national roll-out in last year’s Autumn Statement and Motorists needing to buy fuel on the motorway continue to be forced to pay over the odds for no apparently good reasons, instead of seeing how these signs work in practice and whether drivers find them a benefit.

www.afzalschoolofmotoring.com

Magistrate court fines 'may rise substantially’

Maximum fines imposed by magistrates are set to rise dramatically under new proposals for England and Wales.

Justice Minister Jeremy Wright said financial penalties "set at the right level" were an effective punishment for offenders.

"Magistrates are the cornerstone of our justice system and these changes will provide them with greater powers to deal with the day-to-day offences that impact their local communities," he added.

His proposals could also see magistrates having unlimited fining powers for offences where there is currently a maximum of £5,000 or more.

Any new legislation would first have to be debated in Parliament but there is no current timetable for any such discussion.

Custody 'option remains'

Most driving offences that could involve a fine in magistrates' courts are subject to specific maximums, known as levels, which currently range from £200 to £5,000 and Some cases, such as environmental offences, can involve even higher fines.

Magistrates take into account the seriousness of the offence when setting the fine level.

Whilst the amount of a fine must reflect the seriousness of the offence, the court must also take into account the financial circumstances of the offender - in other words, their ability to pay.

This applies whether it has the effect of increasing or reducing the fine. Normally a fine should be of an amount that is capable of being paid within 12 months.

The aim is for the fine to have an equal impact on offenders with different financial circumstances.

It should be a hardship but should not force the offender below a reasonable "subsistence" level.

So, someone on benefits caught speeding on motorway, is not going to be given a £10,000 fine that they have no realistic prospect of paying.

The Ministry of Justice said custody would "continue to be used for serious offenders and fines will not become an alternative for those who would otherwise be sent to custody".

Rupert Lipton, director of the National Motorists Action Group, described the proposals as "disproportionate and draconian". He said: "I think it will have a serious chilling effect. We will find motorists will be deterred from going to court where they believe they are not guilty of an offence and there is a potential challenge."

However, the government is only now tabling the appropriate legislation to put that ruling into effect.

Theory Test Fee To Be Reduced by £6.

        Theory Test Fee To Be Reduced by £6.

The cost of theory test could be cut by 25%, saving learner drivers £14.5m a year. The plan would see the cost of a car driving theory test fall by £6 in October this year, taking the cost of theory test from £31 to £25, with a further cut of £2 planned in October 2015.

The consultation follows the government’s commitment to reduce the cost of motoring. The proposal also sets out reductions in motorcycle, bus and lorry theory tests.

You can have say Here.

                

Middle-lane hoggers on Motorway may face fines

Drivers who needlessly hog the middle lane on motorways face fines of £100 as well as three penalty points under new government measures designed to crack down on careless motorist.

Fines for a number of other offences on the road – including using a handheld mobile phone while driving, or jumping traffic lights – are also expected to be increased from £60 to £100.

Traffic police will decide which motorist is hogging the middle lane and issue on-the-spot fines.

Although some commentators have argued that fines are not necessarily the right approach for careless driving because cases are often not clear-cut, motoring organisations have long called for better lane discipline by drivers, which they believe could solve many congestion problems.

The Highway Code states: "You should always drive in the left-hand lane when the road ahead is clear.

"If you are overtaking a number of slower-moving vehicles, you should return to the left-hand lane as soon as you are safely past.

"Slow-moving or speed-restricted vehicles should always remain in the left-hand lane of the carriageway unless overtaking."

More than a million drivers have been convicted of using a handheld mobile phone behind the wheel since 2003, when using one other than for making an emergency call was made illegal.

Careless, reckless or hurried driving has been recorded as being a contributory factor in 16% of accidents, according to statistics from the Department for Transport and Driving Instructors are encouraged to have more emphasis on safe driving when giving driving lessons.

A failure to look properly was the most-reported contributory factor in accidents of any severity and was mentioned in 42% of incidents.