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Traffic signs and signals -2
Page 93
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by Les Oldridge T Eng (CEO, MIMI, AMIRTE
IN Wills v Woodward (1956)54 LGR 142 it was held that where a court is satisfied that traffic lights are showing green one way an inference can be drawn, unless the contrary can be proved, that they are showing red the other way. In other words, it is for the defence to prove that the lights were out of order and showing green in both directions, a very unlikely state of affairs. In Rees v Taylor (unreported) and Brooks v Jefferies (1936) All ER 232 it was held that failure to see the sign or not to see it clearly, is no defence to a charge under this section.
Roundabout
In Brazier v Alabaster (1962) Crim LR 173 a motorist was approaching a roundabout which bore the usual "Keep Left" sign; 62 ft short of the roundabout he made a U turn and travelled back the way he had previously been travelling. It was held that he had not committed the offence of disobeying the "Keep Left" sign. Had he been very close to the sign he would have had to obey it and go around the roundabout in order to turn back.
That part of the section which deals with policemen controlling traffic requires that drivers not only stop when signalled to do so but also must make the vehicle proceed in or keep to a particular line of traffic when so directed by a constable in the execution of his duty. This would seem to give the police powes, for example, to arrange diversions when a road is blocked by vehicles in collision or by some other emergency. Failure to take the route indicated by the police would he an offence against this section.
Traffic wardens have the same powers when controlling traffic as policemen and must be obeyed in much the same way. Temporary traffi light signals erected when road works are being carried out must be obeyed in the same way as permanent ones. Section 23 of the Road Traffic Act 1972 makes it an offence for a pedestrian to walk along or across a road in contravention of a direction to stop given by a police officer. There is a maximum fine of £10 for this offence which is increased to £25 for a second or subsequent conviction.
Constable's powers ,
The power of a police officer who is directing traffic to stop vehicles is further extended by Section 159 which requires a person driving a motor vehicle on a road and a person riding a cycle to stop on being required to do so by a constable in uniform. Under this section the officer need not be engaged in directing traffic. He could, for example, be stopping vehicles for checking by DoE vehicle examiners.