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.

People not knowing what these signs mean is what makes smart motorways so dangerous.

Usually there are plenty of signs showing which lane you should filter to before the x appears. It's depressingly commonplace to see people ignoring these signs which can be very dangerous ( whether due to ignorance or selfishness/ entitlement) so fines are definitely needed/ Justified

I think your thread is a good reminder to all of us to comply with the red X signs as soon as they appear.

I'm surprised there are so many perfect drivers as displayed by this thread.

It's a notice of intended prosecution. Just admit it was you. Then they'll go to the next stage. This is likely to be fixed penalty and 3 points.
The ❌ is there to protect stranded vehicles and emergency service workers. My sons spends hours every week at RTCs on motorways. It protects him. And his colleagues.
It was a mistake, not intentional, so just suck it up and move on OP.

'Slow lane' is a term that infuriates many motorists and the police. There's no such thing, only a driving lane (lane 1) and overtaking lanes.

The thing is, OP did, but she then chose to go back in to that lane after passing the obstruction, even though it was still closed.

You will be sent court papers and you will be able to lodge a defence. I have successfully defended something similar. Stick to the facts. State the motorway was at a standstill and that you indicated and moved lanes as soon as you were able to. State that you are completely mortified that this has happened and that you always obey the signage. An actual human will read it and deal with your accordingly.

In this situation, it's highly, highly unlikely OP will be excused. She didn't move as soon as she could and they will be aware of this. It is possible, of course, just not at all likely.

Time to stop being such a "passive driver" perhaps - you seem determined to see yourself as some kind of victim here. You're not. Passivity is not a virtue when it comes to safe driving.

Honestly OP, don’t beat yourself up about it. It’s not like you’re a serial traffic violator. I drove in a bus lane last year, by mistake. Yes there were signs, yes I saw them, but inadvertently ended up using one because I got disorientated in an unfamiliar town. You’re clearly upset, and don’t deserve the pile on you’ve had on here about it being a ‘very serious’ breaking of the law fgs. It happened, you most definitely won’t be doing it again, and I’d just move on from it.

No. It's an offence to travel in a closed lane for any distance at all, no matter how short.

So to comply with the regulations you should have continued to the next exit.

If you read her follow up posts, she moved back into the closed lane after passing the scene of the accident. She says that the cones had disappeared and she assumed the lane was back open again - she also said that two other motorists followed her over, hence the three flashes.

It wasn't her being stuck in the closed lane originally that got her flashed, it was her moving back into the closed lane before it had re-opened properly.

That's not why she got flashed, though. She got flashed because she moved back into the closed lane after passing the accident, assuming it had re-opened (because the cones had stopped) when it hadn't.

If you don't know what a red x means then you shouldn't be driving.

Doesn't matter if you didn't gain an advantage it's CLOSED for a reason.

That's very, very different, though. Bus lanes are provided to help buses to make progress, not to prevent people being seriously injured or killed.

Using a bus lane when you shouldn't isn't dangerous.

Ignoring a red X is the very definition of dangerous.

The point I was trying to make is that it’s easy to get things wrong when driving. I just can’t believe that everyone vilifying the OP on here has never made an error of judgement when driving.

Suck it up buttercup 😁

We were driving on the M3 to M25 last week, late at night, and several lanes were closed off for roadworks.
I think they were all clearly signposted ahead of time but couldn't swear to it. Anyway, we moved over following the arrows and were in the correct lane by the time the red cross appeared on the gantry -- but were amazed at how many cars carried on in the closing/closed lane, flashing past to the left of us (it was the outer lanes in this instance.)
So it seems there's a chance all these drivers will be prosected? I certainly hope so because they caused extra congestion when they all tried to force their way back into the open lanes when the cones that physically close the lane started to appear.
I live in hope.

Just adding, a few weeks ago on the M4, in slowing traffic, my BIL said 'oh god someones trying to cross the road'. A car had broken down and the driver was trying to cross 3 lanes of moving traffic to get to the safer side of the road. With his baby in his arms. Fortunately OP, the signage slowed the traffic sufficiently that they weren't splattered across the road. Pay attention. It's not just you on the Road.

I have been in a line of crawling traffic and haven't stopped, neither did those in front (obviously). People let you across eventually, but I admit it wouldn't occur to me to stop the minute the sign flashes up. Which is what I thought might have happened to the OP.

It wasn't an error of judgment though, she blatantly ignored it. Or, if she genuinely didn't know what it meant because she hadn't previously seen it in the news, that's quite scary.
If someone is driving, not understanding the rules of the road they're on, a NIP is very much justified and needed.