Board logo

Is my ticket valid?
ChrisW - 11/10/11 at 12:11 PM

Got a ticket yesterday for 'drawing a trailer in the right hand lane'. 3 points and £60, bastard.

However, on review, I'm not sure if the ticket was appropriate. It happened here:

M6-M55 junction
M6-M55 junction


Now I know that you're not supposed to pull a trailer beyond lane 2 (well, actually, I didn't until yesterday but we live and learn!), but in this case I was in the same lane as the blue van. Is that lane 4? Or is that lane 2 of the M6?

Surely if the theory that lane 1 is on the left holds true in this situation, and that you're not allowed to tow beyond lane 2, it would be impossible for a trailer (or truck for that matter) to take the M6 junction.

There seems to be very little information about what happens in this scenario. Anyone know for sure?

Cheers, Chris


blakep82 - 11/10/11 at 12:18 PM

think the copper was talking out of his bottom, as this would be lane 2 of the M6. lane 2 is fine. the close dotted line marks the two motorways apart.


jossey - 11/10/11 at 12:18 PM

thats a bloody good question cos i know HGV's hang in that lane but the white lines are broken.

get on the phone to a solicitor me thinks.


MikeCapon - 11/10/11 at 12:20 PM

Hi Chris,

I've been there too a long time ago. It was the 105mph in my case that cost.

The logic says that the 4th lane in the pic is lane 2 of the M6. If not you'd have to go to Preston if you were towing a trailer.


balidey - 11/10/11 at 12:21 PM

If the ticket says 'right hand lane' as you wrote above, and you were in the same lane as the van, ie the right hand lane, then yes the ticket is valid.


ReMan - 11/10/11 at 12:21 PM

"The right-hand lane of a motorway with three or more lanes MUST NOT be used (except in prescribed circumstances) if you are drivingany vehicle drawing a trailer "

Not Guilty your honour


ash_hammond - 11/10/11 at 12:22 PM

Chris,

I agree with you.

I see it as two sperate roads, given the type of lane markings

Another situation:

Say: If you were is lane 2, i would say it would be perfectly accetable to undertake a slow moving vehicle in name 3, whilst overtaking a slow moving vehicle in name 1.

How's my username coming on :-)

Ash


rb968 - 11/10/11 at 12:23 PM

Quote "If the ticket says 'right hand lane' as you wrote above, and you were in the same lane as the van, ie the right hand lane, then yes the ticket is valid."

Accurate perhaps, but is it illegal to tow a trailer in the right hand lane on a 2 land road or dual carriageway?

Is so I am guilty as charged !

Rich

[Edited on 11/10/11 by rb968]


Bluemoon - 11/10/11 at 12:24 PM

I think your o.k, all the "tube" buses I have had the "fun" to be on the M40 have done the same as you. When two lanes and dotted lines they use the inside lane; but they get back over before the end of the dotted line and where there are three or more lanes... The difficulty I guess you have is proving where exactly you were pulled for the "offence"...

Dan

[Edited on 11/10/11 by Bluemoon]


blakep82 - 11/10/11 at 12:31 PM

depend how long he was following too, notice the same blue van in this photo, about 300m before your photo, here you'd be in lane 4 of the M6, and the short dashed line is just about to start (making the lorry guilty really...)

Description
Description


adithorp - 11/10/11 at 12:31 PM

I think it's not "lane 2/3" thing. It that trailers aren't allowed in the OUTSIDE lane where there are 3 or more lanes. See here There are undoubtedly 4 lanes there (however marked) and I suspect you shouldn't use the outside one (lane4) untill the 2 motorways physically divide. Bit of a quirk, but thats the letter of the law as it's written but could use lane 2.


ChrisW - 11/10/11 at 12:35 PM

The ticket specifically states 'draw trailer in right hand lane'.

The only reference I can find to this is section 265 of the Highway Code which says....

quote:
The right-hand lane of a motorway with three or more lanes MUST NOT be used (except in prescribed circumstances) if you are driving
•any vehicle drawing a trailer



However, in this case, does the motorway have two lanes or four?

Can you be given a ticket for breaking the highway code? My understanding was that it wasn't law but could be used as contributing evidence a situation where a law has been broken.

Are the Police required to specify exactly where the offence took place? All the ticket says is 'M6 Preston'. If I claim it was in one place, what's to stop them saying it was somewhere else?

Chris


ChrisW - 11/10/11 at 12:38 PM

quote:
Originally posted by blakep82
depend how long he was following too, notice the same blue van in this photo, about 300m before your photo, here you'd be in lane 4 of the M6, and the short dashed line is just about to start (making the lorry guilty really...)

Description
Description



There's another question! As far as I knew/know, you're not supposed to cross the short dashed line. Therefore any vehicle that needs to be in that lane should have moved over before the line starts.

So, assuming the previous statement is ture, what's a reasonable distance in which to do this in a slower moving vehicle such as a lorry (or car towing a trailer) in peak time? (My ticket was give at 8.30am and traffic was heavy but moving).

Chris


blakep82 - 11/10/11 at 12:46 PM

i'm sure you can cross a dashed line, but not a solid line.

anyways, as i see it, from your photo, the M55 has 2 lanes, and the M6 has 2 lanes. but if you were in the 4th lane in my photo, then...


ChrisW - 11/10/11 at 12:49 PM

quote:
Originally posted by blakep82
i'm sure you can cross a dashed line, but not a solid line.

anyways, as i see it, from your photo, the M55 has 2 lanes, and the M6 has 2 lanes. but if you were in the 4th lane in my photo, then...


So we're back to the previous question then. Are the Police required to state the exact position where the offence took place? If so, how would they do it?

Chris


mookaloid - 11/10/11 at 01:05 PM

I can't work out if it is right or wrong - but it certainly seems harsh under those circumstances.


owelly - 11/10/11 at 01:06 PM

The question should be: were you ever in the wrong lane? If the BiB got you where there are 2x2lanes, then I would say they have made an error. If they have you on camera previous to, or after that, where the carriageway had 3 or 4 lanes and you were in the wrong place, then they have you by the danglies.
Contact a solicitor asap if you are certain you were spotted where your image depicts.


MikeRJ - 11/10/11 at 01:12 PM

I've posted a link on the PH "Speed, Plod and the Law" forum for you.


Snuggs - 11/10/11 at 01:16 PM

The real question is

What are you doing so far North with a trailer ?



[Edited on 11/10/11 by Snuggs]


Mark Allanson - 11/10/11 at 01:17 PM

Right or wrong, if you are looking for justice within the British legal system, dream on!


ChrisW - 11/10/11 at 01:35 PM

quote:
Originally posted by owelly
Contact a solicitor asap if you are certain you were spotted where your image depicts.


There's another question: How do I know if they have photo/video evidence? To be perfectly honest, I don't know. I didn't know it was an offence until I was told, and it was reasonably busy traffic so I was just trundling along minding my own business. I certainly wasn't doing any overtaking manouvers, just going with the flow of traffic.

All I know is where I was pulled over - there is a landmark to identify the exact spot - and it was two lanes at that point and before that it was the '4 or maybe 2' lanes bit. I know he pulled on at the junction before because I spotted the X5 a dozen or so cars back, but I just carried on not realising I was doing anything wrong.

As said, it was quite busy being 8.30 on a Monday morning, so it's quite possible I moved across to give way to joining traffic. I had no idea I was doing anything wrong so I didn't pay too much attention to which lane I was in.

Chris


ChrisW - 11/10/11 at 01:36 PM

quote:
Originally posted by Snuggs
The real question is

What are you doing so far North with a trailer ?



[Edited on 11/10/11 by Snuggs]


See http://locostbuilders.co.uk/viewthread.php?tid=161529

Chris


SeaBass - 11/10/11 at 01:45 PM

I know probably not the answer you're looking for BUT...

1) The whole of that carriageway is the M6.
2) You haven't passed the junction, the closely dashed line simply indicates the destination of the lanes, ie the M55 and M6 don't run together.
3) It has "three lanes or more" in this case 4 lanes. You were in the "right" lane in contravention with highway code 265.

You could legally have been in lane 3 to get to your desired destination.


Agriv8 - 11/10/11 at 01:49 PM

Chris,

Were you in the car alone ?

If not I belive you are in your rights to ask for photo evidence as you 'Swapped ' driver at a junction around that area, unfortunatly you did not note where possibly north or south of the 'alleged' offence.

PS most drivers need to be insured for the vehicle

Oh another question is it a police ticket ?

regards

Agriv8


ChrisW - 11/10/11 at 03:06 PM

Only me in the car unfortunatly.

And yes, it's a Police ticket. Well, I assume it is. It came from a PC and has 'Lancashire Constabulary' on it.

Interesting point that SeaBass makes though: The copper led me to believe that I wasn't allowed past lane 2. Actually the code reads that it's only the right-most lane - so lane 4 in this case. So, if I was actually in lane 3 I'd have been ok.

Chris


MikeRJ - 11/10/11 at 03:06 PM

quote:
Originally posted by SeaBass
I know probably not the answer you're looking for BUT...

1) The whole of that carriageway is the M6.
2) You haven't passed the junction, the closely dashed line simply indicates the destination of the lanes, ie the M55 and M6 don't run together.
3) It has "three lanes or more" in this case 4 lanes. You were in the "right" lane in contravention with highway code 265.

You could legally have been in lane 3 to get to your desired destination.



Plod on PH believes that legally it will be two carriageways after the start of the split, so I reckon it's worth pursuing.

[Edited on 11/10/11 by MikeRJ]


adithorp - 11/10/11 at 03:34 PM

If you do follow it up, can I suggest you dont use statements like...

quote:
Originally posted by ChrisW
...it was reasonably busy traffic so I was just trundling along minding my own business... (if it's busy shouldn't you be concentrating?)

...I certainly wasn't doing any overtaking manouvers, just going with the flow of traffic.... (Then why were you in the overtaking lane?)

...so I didn't pay too much attention to which lane I was in.... (do you often drive without paying attention?)

Chris


I know what you mean, but they could be mis-interpreted.

I'm pretty sure you're in the outside lane of 4 though as far as the law is concerned and also pretty sure thats is part of the road taffic act rather than one of the advisory parts of the highway code.


Hector.Brocklebank - 11/10/11 at 04:41 PM

quote:
Originally posted by adithorp


...I certainly wasn't doing any overtaking manouvers, just going with the flow of traffic.... (Then why were you in the overtaking lane?)




Sorry to say this but according to the highway code there is no such thing as "the overtaking lane" the outermost lane is "supposed" to be used by traffic to allow a vehicle to "accelerate" up to the speed of the flow of traffic, after which time your supposed to integrate your vehicle back in to the other lane(s)

(stupid I know) but the outer most lane is actually considered to be the "accelerating lane" and not for "overtaking" as its commonly & (mistakenly) used for & called.


jollygreengiant - 11/10/11 at 04:45 PM

And, also, don't go saying thing like I wasn't aware of it but I am now, as ignorance is not an excuse in the eyes of the law as far as motorists are concerned as we 'Drivers' are ALL meant to be aware of the 'Highway Code' (current version, not the one we read when we took our test) and the 'Laws' contained within it. the other question that you should ask your self is 'what speed was I actually doing' as he might have film evidence of you exceeding the the 'limit' for a towing rig on the motorway any just 'chose' to do you for the lane infraction without mentioning the speed infraction because he has this thing about seeing towing the ouside lane. Also I presume he was not 'solo' in the vehicle, so it is likely that he will have his own 'independent' witness. Many years ago I had one of those after a police car followed me for 12 miles of local roads and the best he could come up with was that I 'crossed' a double white line, the truth was he couldn't catch me with his 2.8i Granada, I wasn't speeding and I had a Mk1 Cortina (ok it did have 1662cc full race Xflow under the bonnet).


Agriv8 - 11/10/11 at 04:47 PM

I would Say very VERY grey area.

Write to police and Ask for proof/evidence as you wish to raise with your legal reprasentative as you are intiteled to do, if they say they will only release to legal state you wish to use the evedence to discus the case with several legal representaives before you decid who yiu are going to use.

and see what the evidence shows you never know the case may disapear .

regards

Agriv8


Humbug - 11/10/11 at 05:25 PM

quote:
Originally posted by ReMan
"The right-hand lane of a motorway with three or more lanes MUST NOT be used (except in prescribed circumstances) if you are drivingany vehicle drawing a trailer "

Not Guilty your honour


I think the bill were being a bit harsh, since there are 2x2 lanes divided by a special dashed line... but, although the left 2 lanes have the M55 sign above them, they also have the junction number, indicating that the M5 only starts after the junction, therefore the 4 lanes are part of "a" i.e. a single motorway and you were in the right hand-lane.

Guilty but you are being a bit mean, your honour


Strontium Dog - 11/10/11 at 05:47 PM

I can't help with advise further than has been given already and that I think you should write to chief plod asking to see the evidence but I would just like to say...

"We so desperately need more coppers like the ones who did you to keep us safe at night. Several small children and a Grannie could all have been killed by such recklessness. Bloody good job orificer!.................Wait a mo, that's not quite right,is it?"


bowood14 - 11/10/11 at 06:32 PM

After watching Motorway cops last night on BBC1 you have to have Blond wavey hair, tits and your son sitting next to you waving and you get off with speeding and only get 3 points and fine for not having a licence for 14 years Oh and you get a lift home !! I too got 3 points for being in the third lane with a trailer 2 years ago. If I were you I would fight it if no one can come up with a definite answer then how were you know


grassracer - 11/10/11 at 06:40 PM

Might not be any help....but I have on many occasions done exactly the same as you at that very point and wondered if I was actually doing something wrong, its a ballache because as soon as you get to the close dotted line all the artics pull over into 'lane 3' its uphill so they are often below 50mph and you either move over or slow down to their speed...I've never been stopped before so its never been that big an issue but always there in my mind.
My interpretation is that 2 left lanes are M55 and 2 right lanes M6 so therefore legal to do so


Ninehigh - 14/10/11 at 08:16 PM

quote:
Originally posted by ReMan
"The right-hand lane of a motorway with three or more lanes MUST NOT be used (except in prescribed circumstances) if you are drivingany vehicle drawing a trailer "

Not Guilty your honour


Bingo.

Yes you're in the right hand lane, so the ticket is valid, however you're allowed to be in the right hand lane as on this part of the road it's the second lane. Thus the ticket is valid, but not for any kind of offence. You might as well have a ticket for "a well wicked ride"


metro6r4 - 14/10/11 at 08:25 PM

i would contest it