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Author: Subject: Is my ticket valid?
ChrisW

posted on 11/10/11 at 12:11 PM Reply With Quote
Is my ticket valid?

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





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blakep82

posted on 11/10/11 at 12:18 PM Reply With Quote
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.





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jossey

posted on 11/10/11 at 12:18 PM Reply With Quote
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.





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MikeCapon

posted on 11/10/11 at 12:20 PM Reply With Quote
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.

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balidey

posted on 11/10/11 at 12:21 PM Reply With 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.





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ReMan

posted on 11/10/11 at 12:21 PM Reply With Quote
"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 "

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ash_hammond

posted on 11/10/11 at 12:22 PM Reply With Quote
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 :-)

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rb968

posted on 11/10/11 at 12:23 PM Reply With Quote
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]

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Bluemoon

posted on 11/10/11 at 12:24 PM Reply With Quote
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]

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blakep82

posted on 11/10/11 at 12:31 PM Reply With Quote
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






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adithorp

posted on 11/10/11 at 12:31 PM Reply With Quote
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.





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ChrisW

posted on 11/10/11 at 12:35 PM Reply With Quote
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





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ChrisW

posted on 11/10/11 at 12:38 PM Reply With Quote
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





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blakep82

posted on 11/10/11 at 12:46 PM Reply With Quote
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...





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ChrisW

posted on 11/10/11 at 12:49 PM Reply With Quote
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





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mookaloid

posted on 11/10/11 at 01:05 PM Reply With Quote
I can't work out if it is right or wrong - but it certainly seems harsh under those circumstances.





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owelly

posted on 11/10/11 at 01:06 PM Reply With Quote
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.





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MikeRJ

posted on 11/10/11 at 01:12 PM Reply With Quote
I've posted a link on the PH "Speed, Plod and the Law" forum for you.
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Snuggs

posted on 11/10/11 at 01:16 PM Reply With Quote
The real question is

What are you doing so far North with a trailer ?



[Edited on 11/10/11 by Snuggs]





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Mark Allanson

posted on 11/10/11 at 01:17 PM Reply With Quote
Right or wrong, if you are looking for justice within the British legal system, dream on!





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ChrisW

posted on 11/10/11 at 01:35 PM Reply With Quote
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





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ChrisW

posted on 11/10/11 at 01:36 PM Reply With Quote
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





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SeaBass

posted on 11/10/11 at 01:45 PM Reply With Quote
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.

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Agriv8

posted on 11/10/11 at 01:49 PM Reply With Quote
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





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ChrisW

posted on 11/10/11 at 03:06 PM Reply With Quote
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





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