Moving violation

Last updated

A moving violation is any violation of the law committed by the driver of a vehicle while it is in motion. The term "motion" distinguishes it from other motor vehicle violations, such as paperwork violations (which include violations involving automobile insurance, registration and inspection), parking violations, or equipment violations. Moving violations often increase insurance premiums. [1]

Contents

Types

While some violations, like parking violations, are civil matters involving a vehicle's owner, moving violations are charged against the actual driver.

Moving violations are usually classified as infractions or misdemeanors, but serious violations such as hit and run, driving under the influence, and road rage can be considered felonies.

Costs

Moving violation convictions typically result in fines and demerit points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test, pay additional taxes, or even surrender his or her license. Additionally, drivers with more points on their driving record often must pay more for car insurance than drivers with fewer.

Sometimes tickets are used in a speed trap as a form of fundraising. For example, a local government that is suffering a budget shortfall may ticket more aggressively within its jurisdiction to increase revenue. [2] [3] [4]

In the United States, citation fines can vary widely between jurisdictions for the same behaviour, usually between $25 and $1000. In countries such as Finland, however, they are specific proportions of the violator's income, and fines in excess of $100,000 can be assessed to wealthy individuals. In Canada, each province is individual in how they treat similar behaviour and each violation usually includes a set fine and demerit points against the driver's license. For example, a speeding ticket in Ontario of 50+ km over is 6 demerit points against the driver's licence with the approximate fine calculated as (km over x 9.75) x 1.25, as well it carries a one-week automatic licence suspension and car impoundment. In Manitoba speeding in excess of 49 km is 10 demerit points and a fine of 672 dollars and a Serious Offence Licence Suspension.

Examples of moving violations


More serious moving violations include:

Moving violations and driving records

Exactly how long moving violations stay on your record depends on the law in your particular state. In New York, for example, minor moving violations can stay on your driving record abstract for a maximum of four years. Whereas minor moving violations tend to stay on your abstract for only a few years, major moving violations can result in a criminal record which can be kept on your record for the rest of your life. [6]

See also

Related Research Articles

Traffic enforcement camera

A traffic enforcement camera is a camera which may be mounted beside or over a road or installed in an enforcement vehicle to detect motoring offenses, including speeding, vehicles going through a red traffic light, vehicles going through a toll booth without paying, unauthorized use of a bus lane, or for recording vehicles inside a congestion charge area. It may be linked to an automated ticketing system.

U-turn Driving technique used when someone performs a 180° rotation

A U-turn in driving refers to performing a 180° rotation to reverse the direction of travel. It is called a "U-turn" because the maneuver looks like the letter U. In some areas, the maneuver is illegal, while in others, it is treated as a more ordinary turn, merely extended. In still other areas, lanes are occasionally marked "U-turn permitted" or even "U-turn only."

The Road Traffic Safety Law of the People's Republic of China is a law which was passed by the Standing Committee of the National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Decree No. 8 of the President of the PRC Hu Jintao, and took effect on May 1, 2004 on all parts of mainland China It is the People's Republic of China's first-ever law on road traffic safety, and was intended to address an alarmingly high traffic fatality rate, which is four or five times greater than other nations.

Tailgating Unsafe driving practice when a driver follows another too closely

Tailgating is the action of a driver driving behind another vehicle while not leaving sufficient distance to stop without causing a collision if the vehicle in front stops suddenly.

Traffic ticket

A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, indicating that the user has violated traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation, with the ticket also being referred to as a parking citation, or parking ticket.

Traffic codes are laws that generally include provisions relating to the establishment of authority and enforcement procedures, statement of the rules of the road, and other safety provisions. Administrative regulations for driver licensing, vehicle ownership and registration, insurance, vehicle safety inspections and parking violations may also be included, though not always directly related to driving safety. Violations of traffic code are often dealt with by forfeiting a fine in response to receiving a valid citation. Other violations, such as drunk driving or vehicular homicide are handled through the criminal courts, although there may also be civil and administrative cases that arise from the same violation. In some jurisdictions, there is a separate code-enforcement branch of government that handles illegal parking and other non-moving violations. Elsewhere, there may be multiple overlapping police agencies patrolling for violations of state or federal driving regulations.

Under traffic violations reciprocity agreements, non-resident drivers are treated like residents when they are stopped for a traffic offense that occurs in another jurisdiction. They also ensure that punishments such as penalty points on one's license and the ensuing increase in insurance premiums follow the driver home. The general principle of such interstate, interprovincial, and/or international compacts is to guarantee the rule "one license, one record."

Graduated driver licensing systems (GDLS) are designed to provide new drivers of motor vehicles with driving experience and skills gradually over time in low-risk environments. There are typically three steps or stages through which new drivers pass. They begin by acquiring a learner's permit, progress to a restricted, probationary or provisional license, followed by receipt of a full driver's license. Graduated drivers' licensing generally restricts nighttime, expressway, and unsupervised driving during initial stages, but lifts these restrictions with time and further testing of the individual, eventually concluding with the individual attaining a full driver's license.

School bus traffic stop laws

School bus stop laws are laws dictating what a motorist must do in the vicinity of a bus stop being used by a school bus or other bus, coach or minibus providing school transport.

Mobile phones and driving safety

Mobile phone use while driving is common but it is widely considered dangerous due to its potential for causing distracted driving and crashes. Due to the number of crashes that are related to conducting calls on a phone and texting while driving, some jurisdictions have made the use of calling on a phone while driving illegal. Many jurisdictions have enacted laws to ban handheld mobile phone use. Nevertheless, many jurisdictions allow use of a hands-free device. Driving while using a hands-free device is not safer than using a handheld phone to conduct calls, as concluded by case-crossover studies, epidemiological, simulation, and meta-analysis. In some cases restrictions are directed only at minors, those who are newly qualified license holders, or to drivers in school zones. In addition to voice calling, activities such as texting while driving, web browsing, playing video games, or phone use in general can also increase the risk of a crash.

Many countries have adopted a penalty point or demerit point system under which a person’s driving license is cancelled or suspended based on the number of points accumulated by them over a period of time because of the traffic offences or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.

Parking violation

A parking violation is the act of parking a motor vehicle in a restricted place or for parking in an unauthorized manner. It is against the law virtually everywhere to park a vehicle in the middle of a highway or road; parking on one or both sides of a road, however, is commonly permitted. However, restrictions apply to such parking, and may result in an offense being committed. Such offenses are usually cited by a police officer or other government official in the form of a traffic ticket.

Traffic school is the generic common term for remedial courses in Road-traffic safety and safe driving practices. In the United States, these are offered as part of pre-trial diversion programs to Moving violation offenders by traffic courts, in the interest of improving general safety. To offset the oppression suggested by the compulsory nature of traffic school, some businesses present themselves as a "comedy traffic school" where they attempt to have instructors who are, to some degree, entertaining.

Driving in Singapore

In Singapore, cars and other vehicles drive on the left side of the road—due to its historical rule by the United Kingdom. As a result, most vehicles are right-hand drive. However, exemptions have been made to allow foreign vehicles and construction machineries to utilise the road space of Singapore. As such, vehicles with left-hand drive configurations are required to either be driven with a sign indicating "LEFT-HAND-DRIVE" or towed.

Driving in the United Kingdom is governed by various legal powers and in some cases is subject to the passing of a driving test. The government produces a Highway Code that details the requirements for all road users, including drivers. Unlike most other countries in the world, UK traffic drives on the left.

Driver licences in Australia

Driver licences in Australia refer to the official permit required for a person to legally drive a motor vehicle in Australia. The issue of driver licences, alongside the regulation and enforcement of road use, are all managed by state and territory governments.

The Highway Traffic Act (HTA) is legislation in Ontario, Canada, which regulates the licensing of vehicles, classification of traffic offences, administration of loads, classification of vehicles and other transport-related issues. First introduced in 1923 to deal with increasing accidents during the early years of motoring in Ontario, and replacing earlier legislation such as the Highway Travel Act, there have been amendments due to changes to driving conditions and new transportation trends. For example, in 2009, the Act was revised to ban the use of cell phones while driving.

Headlight flashing Act of flashing a motor vehicles headlights

Headlight flashing is the act of either briefly switching on the headlights of a car, or of momentarily switching between a headlight's high beams and low beams, in an effort to communicate with another driver or drivers. The signal is sometimes referred to in car manufacturers' manuals as an optical horn, since it draws the attention of other drivers.

Hit and run Failing to stop after causing or contributing to a traffic collision

In traffic laws, a hit and run or a hit-and-run is the act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.

In Trinidad and Tobago, a citizen can begin the application process for a learner's permit at the age of 17. Licenses to drive are commonly referred to in Trinidad and Tobago as Drivers' Permits. Drivers' Permits are issued by the Licensing Authority, which is governed by the Ministry of Works and Transport. In order to legally operate any motor vehicle in Trinidad and Tobago on public-owned-roads, the operator of the motor vehicle must be in possession of a valid Driver's Permit on their person and is legally endorsed for that class of vehicle. Contravention to the aforementioned can warrant a fine of up to TT$1500 and imprisonment.

References

  1. https://leavittmartinlaw.com/blog/will-a-speeding-ticket-raise-my-insurance/
  2. http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-sherifftraffic_17met.ART0.North.Edition1.4ddc526.html
  3. http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/072308dnmetsheriffbudget.7ea14cec.html
  4. http://www.2theadvocate.com/news/26942504.html Archived September 18, 2008, at the Wayback Machine
  5. "Red Light Camera Ticket". Traffic Ticket Office. Retrieved 23 October 2020.
  6. "Understanding Moving Violations in NY". WinIt App. 2021-01-07. Retrieved 2021-09-02.