Running A Red Light | Section 36

What is the Offence of Running A Red Light?

The offence of running a red light is exactly that. If you are driving and the traffic light on the road ahead turns red, you must bring your vehicle to a halt before the stop line. It is an offence in terms of the Road Traffic Act 1988 section 36.

There are two ways that this particular offence can be reported:

• Police officers are at the location and claim to see the vehicle being driven through a red light.
• Red light cameras

The first of these is self-explanatory but, unlike most offences in Scotland, the evidence of one witness is sufficient to secure a conviction. There is, therefore, no requirement for corroboration:

Source:

• Road Traffic (Offenders) Act 1988 section 21

Red Light Cameras?

The cameras are situated at the junction and look like a GATSO speed camera, albeit slightly smaller. They typically take three pictures of the vehicle – one on approach, one when the vehicle passes the stop line and a final picture thereafter. The pictures are of the rear of the vehicle with no view of the driver.

The cameras are activated either by using ground loops that are cut into road surface or radar technology. The theory is that they should not go off if the vehicle breaks the beam or crosses the loop while the lights are at amber. When using loops, as the traffic lights turn red the system becomes active, any vehicle passing over the sensor in the road after this time is then photographed. Radar based cameras work in the same manner as the GATSO speed cameras.

Identification of the driver is proved by written self identification. Compliance with this procedure is mandatory and failure to comply is an offence in terms of section 172 of the Road Traffic Act 1988.

Penalties

• Fixed penalty: 3 points and a £100 fine
• Prosecution: 3 penalty points or a discretionary period of disqualification plus a fine of up to £1000

Source:

• schedule 2 of the Road Traffic (Offenders) Act 1988

Explanation

The most common penalty for running a red light  is a fixed penalty of 3 penalty points and a fine of £100. If you do not, or cannot, accept this penalty, you may be prosecuted. The Procurator Fiscal has 6 months to commence proceedings from the date of the allegation itself.

Source:

• Criminal Procedure (Scotland) Act 1995 , section 136

Will I Be Disqualified?

• Discretionary disqualification for an offence under the Road Traffic Act 1988 section 36 is competent but very rare. We have never dealt with a case where a discretionary disqualification was imposed unless we have specifically asked for it. For example, a new driver with 3 points may actually prefer to be disqualified for a short period rather than have their licence revoked. We can make that case to the court.
• Totting up: this occurs where the he amount of points imposed takes the driver to 12 points in a 3-year period. This can lead to a disqualification under section 35 of the Road Traffic (Offenders) Act 1988 – more commonly known as “totting up”. Anyone on 9 points or more is at risk of totting up and should seek specialist legal advice as soon as possible because all is not lost. You may be able to argue that ”Exceptional Hardship” would occur if you lost your licence. See our dedicated page here. In the overwhelming majority of our cases, our client is not disqualified

Defences to Running A Red Light

There are various defences to running a red light. These are typically a mixture of fact and law. Some examples are:

The Burden of Proof Lies with the Prosecution

• Explanation: The prosecution must prove beyond reasonable doubt that you drove through a red light.
• Defence: Particularly in cases with eye witnesses, this offence can be one of fine margins. A key question is whether the prosecution witnesses can actually confirm that your light was red when you passed the stop line. How good is their view? We have won cases where we have been able to demonstrate that the Crown witnesses could not have seen what they claim to have seen.

Mechanical Defect or Sudden Medical Issue:

• Explanation: A sudden and unexpected vehicle fault or medical episode may have impaired your ability to drive safely.
• Defence: If you had no warning of a mechanical issue or medical condition, you may not be at fault.

Legal Defences:

• Explanation: In cases involving cameras, the entire Crown case is predicated on the evidence from the camera itself.
• Defence: There are strict rules which govern the admissibility of such evidence. If the prosecution fails to obtemper these rules, the key evidence may be ruled inadmissible.

Why Instruct Us for Your Case?

Reason 1 – We Are The Pioneers

Since our inception in 2001, when our founder Graham Walker (pictured) identified a critical gap in the Scottish legal market, we have pioneered how to defend charges of running a red light. Other firms also claim this. But see when the domain was registered to see how long the firm have actually been online. Our domain was registered in 2001. We believe we were registered years in advance of any rival firm. We are invited, founder members of the Association of Motor Offence Lawyers. Graham’s founding principles of specialisation, expertise, communication and client dedication remain central to the firm and to the defence of any red light charge.

Reason 2 – Our Statistics 

We base our success rate on 1000 independently analysed cases chosen at random. Other firms may claim even higher success rates but do not simply accept them at face value. Ask them what their case sample size was. How do they define case success? We have successfully defended sports stars, famous personalities, peers of the realm, members of the Royal Family, fellow solicitors, advocates, leading QCs and police officers. We do not name names unless the case is already in the public domain but you can see some of our reported cases here.  As we helped them, so we can help you.

Reason 3 – Our Independent Reviews

All of our quoted reviews are reviews posted on independent review sites such as Trustpilot and Review Solicitors.

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Reason 4 – Our Fixed Fee

We guarantee a Fixed Fee. It does not change no matter how often we need to attend court. There is no small print. There are no hidden costs.

Reason 5 – Nationwide Representation 

Although our offices are in Glasgow, we regularly defend motorists in every Court in Scotland. On any given month, our solicitors appear in courts across the country, including Aberdeen, Dumfries, Edinburgh and Paisley. Wherever your case is being heard, we have the experience and resources to represent you effectively.

 Call: 0800 048 8696

Is running a red light a criminal offence?

Yes it is. In most cases, the driver will be offered a fixed penalty but this is an alternative to prosecution. If you do not accept the ticket, you may be prosecuted.

I’ve received a fixed penalty and they have spelt my name wrong/got the car registration wrong

This does not invalidate the fixed penalty. If you do not, or choose not, to accept it, you can still be prosecuted

Is a notice of intended prosecution required?

Yes. If the police have stopped you, they will likely warn you at the time and/or caution and charge you. Either suffices as the warning. If your car was detected by camera, a written Notice of Intended Prosecution should be sent to you (or the registered keeper) within 14 days.

Is there any point in fighting the case if I was caught on camera?

Believe it or not, yes. Camera technology is not flawless. Furthermore the use of footage from the camera is governed by strict rules of evidence. In some cases it is easier to defend a camera case.

What if the light was amber?

If the light was amber when you passed the stop line, then you have not committed this offence.

I don’t believe it was safe to stop

If it was not safe to stop due to the size of your vehicle or the weather conditions, this may amount to “special reasons” not to endorse your licence. You would, however, be expected to explain why it was not safe to stop.

What’s to stop me just naming my spouse as the driver?

A prison sentence for attempting to pervert the course of justice if you are found out. Don’t do it.

What if I just do not identify anyone as the driver?

This is not attempting to pervert the course of justice. It is, however, an offence under section 172 of the Road Traffic Act 1988. This offence carries double the penalty of running a red light.

Call: 0800 048 8696