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Road Traffic Act 1988, Section 36(1): Traffic Signs
It is an offence under
Section 36 of the Road Traffic Act 1988 for a person driving a vehicle to fail to comply with a traffic sign of the prescribed size, colour and type as otherwise authorised by the
Road Traffic Regulation Act 1984.
The sign must convey a statutory prohibition and be established by relevant legislation. There is a statutory presumption that a sign is sufficiently authorised unless proved to the contrary.
The offence is tried summarily and carries an obligatory 3 penalty point endorsement and, in some circumstances, discretionary disqualification.
Special care should be taken with red light offences as these are often open to challenge. There is legal authority for the proposition that if the lights are green in one direction, and it has been proved to the satisfaction of the Court that the system of lights is working properly, then the counter lights are red.
It can be helpful in such cases to arrange for a locus inspection and take photographs immediately after the commission of the alleged offence. This will provide a contemporaneous record of the site and can be lodged in Court as a defence production.
Contraventions under Section 36 of the Road Traffic Act 1988 can be proved by the evidence of only one witness as the need for corroboration does not apply. |
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ml@theroadtrafficlawyer.com |
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