Traffic Light and Signs Road Offences in Scotland

When you’re learning to drive, one of the first things you learn is that you legally have to follow traffic lights and signs.

Traffic lights and signs FAQ

However, when you’re driving, it can be easy to forget what you know, miss a vital road sign, or even skip a traffic light if you’re not paying attention. 

Unfortunately, these offences can have major consequences for drivers that don’t seek legal advice, ranging from points on your license all the way up to a prison sentence. So, you need to make sure you know what to do if you’re ever charged with a road offence in Scotland. 

Failure to Comply with Traffic Signs

This charge is covered under section 38 of the Road Traffic Act 1988. As the name suggests, this charge covers any instance in which a driver doesn’t follow the instructions given by any lawful road sign.

Typically, this conviction will result in a fine of up to £1000; however, this depends on the nature of the sign that was ignored. If a driver is convicted of ignoring a ‘Stop’ or ‘No Entry’ sign, for example, they may receive points on their licence or even risk disqualification. Similarly, the fine for driving through a ‘Road Closed’ sign will depend on the results of that action. 

Traffic Light Offences

Section 36 of the Road Traffic Act 1988 covers traffic light offences, the most common of which is running a red light. A red light camera catches most drivers, but it’s worth noting that this isn’t an immediate conviction as most drivers believe. 

For data from a camera to result in a red light camera penalty or a red light fine, the prosecution must first prove that the camera has been correctly calibrated and is accurate. That’s why drivers charged with running a red light should always seek legal advice. 

If convicted, the typical traffic light penalty is 3 points on your licence, as well as a traffic light fine. 

What to Do if You’re Stopped by Police

If you’re pulled over by police who suspect that you’ve committed a road offence in Scotland, we advise only to give your name, address, and date of birth. After that, you should answer every question with “no comment” until you’ve sought legal advice. Many drivers have been caught out by attempting to justify their actions to the police, which is then used against them in court. 

If a police officer directs you to stop or pull over, you must comply with that direction. Failing to stop when directed by a police officer is another offence under the Road Traffic Act 1988, meaning that if you’re convicted on both that charge and the road offence you’re charged with, inevitably resulting in a larger penalty. 

How Graham Walker Solicitors Can Help 

The interesting thing about the red light case for us is that there is no requirement for corroboration, so it doesn’t require to be two separate sources just requires to be one. So one police officer, one traffic warden who sees you running that light can give evidence against you and you can be found guilty on the basis of that evidence, but that’s not the end of the story.

If you’ve been charged with a road offence under the Road Traffic Act 1988, you must contact us straight away so we can advise you on how to proceed. We’re available by phone 24/7, so we’re always here to help.