Prosecution pending - failure to comply

[Nonethemiser]

Hi All,
Really upset at the moment so just need a bit of support/advice really. On Wednesday got caught in a horrendous traffic jam on the M4 - couldn't have happened at a worse time as it was my DD's birthday and we were trying to get from A to B so she could celebrate. However these things happen and there wasn't much we could do about it so I just stayed calm and counted to ten. I did notice that one of the lanes had a red X on it - I don't even remember being in that lane but if I was then there was absolutely zero benefit as everyone was crawling along at an absolute snail's pace. If I'm being honest I thought that meant the lane was closing and I would be expected to filter across at some point although I would now interpret it that you need to move straight away. I've just got home after a few days away to discover that the police intend to prosecute me for failing to comply with a lane closure. Having looked it up online I can see there have been quite a few articles about the matter in general in the last few days and I do get that people shouldn't be taking advantage of them when they are empty (important for emergency vehicles etc) but that wasn't the case here - the whole motorway was literally like a car park for a while and even once it started moving very slowly it was impossible to filter across that quickly because of the volume of traffic. AIBU to think that I should not be prosecuted in such circumstances? Is there any point in me trying to appeal? (It also crosses my mind there must be literally hundreds of other motorists who had the misfortune of being in the same lane as me (we all had a 25% chance and needless to say it was the "slow" lane) - if anyone would like to get in contact please do). I'm just really upset as I always try and follow the rules as best I understand them, I have never had any points on my driving licence and while I know that ignorance of the law is not a defence it just feels really unfair under the circumstances.

That’s correct. The standard sanction for this offence is £100 fine and 3 points.

I’m not sure if you are able to defer the points by doing a driver course for this offence as they are primarily geared towards speeding offences.

Yes, There's a 'motorway awareness' course which is specifically geared towards this sort of offence - ignorance of, or disobeying of, red Xs etc.

This is one of the providers that the police use for it: https://www.drivetech.co.uk/police-referred-courses/course/motorway-awareness/

There are also courses for other things, such as people who've been ticketed for driving without due care. They're not all about speeding offences.

@quisensoucie - of course I'm aware you can't drive in a lane with a red cross. It's not something I would do as it's pretty obvious what it means.

I was just commenting that I didn't realise you could be prosecuted for doing that - though of course it makes sense you would be.

Is something missing, surely they aren’t prosecuting just giving points, ?

you drove in a closed motorway lane, that’s incredibly dangerous. Just accept it and move on.

With NIP you name the driver but may subsequently be offered a fixed penalty fine/points without going to court. Presumably there is a photo on the paperwork showing your car number plate in the closed lane at the time.

Stunningly dangerous OP. Think yourself lucky that all you have to do is pay a fine instead of having your remains scraped up off the road after hitting an unexpected obstacle or having an emergency vehicle hit you. They close lanes just to be awkward and annoy you. Didn't you know?

The x means the lane is closed, the arrow bending to the side is telling you to get across. Two different symbols

Driving in a lane with an x is failing to comply with a lane closure and a danger to emergency services trying to get the motorway reopened (eg moving broken vehicles) so yes they will prosecute

The thing is, I’d defy most of MN to get 100% on a Highway Code test.

But… an X in red on a motorway lane? My non driving 12yo would guess that meant it was closed.

It’s not obscure like “HR” for Holiday Route!

OP says she thought she’d be signalled over at some point from an X lane. But… if X meant “watch out for the move lane signal” then what does she think the symbol would be for closed? 🤨

You will probably get 3 points and £100 fine, it's a similar sort of offence as jumping a red light.

The issue is the OP wasn't paying attention. She says herself that she doesn't really remember if she was in the lane with the cross then gives a load of waffle as to why it's not fair and she couldn't move over (so which is it?).

It all reads to me as if she wasn't paying attention and had taken no notice of the lane being closed so nothing to appeal.

I've been in this situation when the lane has changed in very slow moving densely packed traffic. It can take an age for people to move over or let you in. I'm not sure what you can do. It should be an offence to block traffic from merging. You often see people closing the gap to prevent merging.

I don’t think there is a driver who hasn’t been in this situation.

If you stop and put your indicator on, someone will let you into the next lane as they'll be able to see what the situation is. It may take a while, but it will happen.

I'm just really upset as I always try and follow the rules as best I understand them

You need to properly understand them, not interpret the best you can.

The chances of you going to court on this, are minuscule. You may get offered an awareness course, that you pay up for, or a fine and points. If you are offered the course, I'd take it.

If it changes to the closed sign you have to stop completely and wait until you can move across. You can’t keep moving forwards, however slowly.

Hang on...firstly I misread the post, its a prosecution not a fine - so apologies for that.

The OP made a mistake/misunderstood. Nobody died as the result of HER actions on that day. She knows for future driving what to do.

If you ever do something wrong I hope you are met with more understanding.

Actually I'd forgotten this but I do remember there were at least three flashes which went off in very quick succession AFTER we'd gone past the stranded vehicle, the cones had disappeared and the lane appeared to have reopened. I remember saying to my DP and older DD (who are both drivers) that I thought I'd been flashed but I have a reputation for being a bit paranoid and they immediately said I couldn't have been as I hadn't done anything wrong (I was definitely within the reduced speed limit which is more than I could say about many of the cars around me). Normally I would worry about that sort of thing for days but I was so sure I hadn't done anything wrong I didn't really think about it again...

You went past the stranded vehicle in the closed lane? Didn't it give you a clue that there was no one else in that lane?

and the lane appeared to have reopened.
I though you said you didn’t know it meant it was closed? Had you never left the lane that was closed?

To trigger it I think you had to pass under the red X on a gangtry or before the lane clear sign . If you moved over too soon that could well be the issue.

I think you're probably right - in answer to other posters it didn't give me a clue and I stayed in the same lane all the way to the stranded vehicle but I think that is now irrelevant - it's what I did afterwards that appears to be the problem and it seems in trying to do the right/considerate thing I actually did technically the wrong thing and will be punished accordingly...

I have sympathy OP as it's horrible getting these things, but you need to obey the signs. If there is a red x on a lane then that means it is now closed, there are always signs ahead of that telling you to move over. So you should have easily been able to tell the sifference i.e. lane now closed. You didn't move over- until you came upon a stranded vehicle which surely you can see you shouldn't have been in the same lane as - and then you say you moved over into the closed lane again, despite your defence previously being that it was too busy to move over. Next time, look at the signs. If the lane is closed then don't go back into it unless signs say you can.

I work for the fire service and 2 firefighters nearly died after a lorry did the same thing and crashed into the fire engine. Yes it's right they prosecute you.

Can I just clarify that I wasn't in the wrong/same lane before the stranded vehicle and only moved after I'd gone past and I did that through consideration to other drivers and in no way as an attempt to gain some sort of advantage. In answer to a PP I don't remember seeing anyone immediately in that lane but at least two more cars followed my manoeuvre (hence the three flashes) so I certainly don't think it was an obvious mistake (and the ones behind them would probably have done the same if it hadn't been for the flashes.) Mumsnet is interesting because despite my anonymity I feel it necessary to defend my reputation - I am a considerate driver (possibly too considerate by the sound of it) who doesn't deliberately break the rules - in this case I have made an honest mistake and my previously unblemished driving record (40+ years) does now seem to be blemished. I could point out that there must have been hundreds of cars in the X lane who didn't immediately move over and appear to have got away with it but that isn't the point...

As others have said OP, ignorance of the law isn’t a defence, traffic etc, whether there was any advantage to being in a certain lane is completely irrelevant. There are very clear, very simple rules for the safety of EVERYONE on the road, failure to comply with those has consequences. Just take it as a lesson learned.