Moving violation

Last updated
A car driving past a stop sign without stopping, a common form of moving violation USMC-03597.jpg
A car driving past a stop sign without stopping, a common form of moving violation

A moving violation or traffic violation is any violation of the law committed by the driver of a vehicle while it is in motion. The term "moving" distinguishes it from other motor vehicle violations, [1] such as paperwork violations (which include violations involving vehicle insurance, registration, and inspection), parking violations, or equipment violations. The United States Department of State makes reference to moving violations in its enforcement guidance. [2]

Contents

Types

Transporte ilegal em Johannesburg (4684725116).jpg
A van operating as an unlicensed bus crossing a solid yellow line. Such a violation would be considered relatively minor.
Falschfahrer.jpg
A car traveling on opposite lanes, facing opposing traffic. Such a violation would be considered major.

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, they may be required to attend defensive driving lessons, re-take their driving test, pay additional taxes, or even surrender their license. Additionally, moving violations often increase insurance premiums. [3] 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. [4] [5] [6]

In the United States, citation fines can vary widely between jurisdictions for the same behavior, usually between $25 and $1,000. 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 behavior 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 license with the approximate fine calculated as (km over x 9.75) x 1.25, as well it carries a one-week automatic license 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

A hatchback carrying an excessive amount of cargo, secured to the vehicle using duct tape Duct-tape Moving Van from behind.jpg
A hatchback carrying an excessive amount of cargo, secured to the vehicle using duct tape

More serious moving violations include:

Moving violations and driving records

A set of pictures taken by a red light camera, the black car in the pictures ran the red light Pictures taken by red light camera.jpg
A set of pictures taken by a red light camera, the black car in the pictures ran the red light

Exactly how long moving violations stay on a driving record depends on jurisdictional laws; for example, in New York, minor moving violations can stay on a driving record abstract for a maximum of four years. [7] Whereas minor moving violations tend to stay on a person's abstract for only a few years, some serious moving violations are classified as criminal offenses that result in a criminal record that may be maintained for life.

See also

Related Research Articles

<span class="mw-page-title-main">Driving</span> Operation of a vehicle

Driving is the controlled operation and movement of a land vehicle, including cars, motorcycles, trucks, and buses. Permission to drive on public highways is granted based on a set of conditions being met and drivers are required to follow the established road and traffic laws in the location they are driving. The word driving, has etymology dating back to the 15th century and has developed as what driving has encompassed has changed from working animals in the 15th to automobiles in the 1800s. Driving skills have also developed since the 15th century with physical, mental and safety skills being required to drive. This evolution of the skills required to drive have been accompanied by the introduction of driving laws which relate to not only the driver but the driveability of a car.

<span class="mw-page-title-main">Traffic enforcement camera</span> Camera for detecting motoring offenses

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.

<span class="mw-page-title-main">U-turn</span> 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.

<span class="mw-page-title-main">Road rage</span> Aggressive or angry behavior in road traffic

Road rage is aggressive or angry behavior exhibited by motorists. These behaviors include rude and verbal insults, yelling, physical threats or dangerous driving methods targeted at other drivers, pedestrians or cyclists in an effort to intimidate or release frustration. Road rage can lead to altercations, damage to property, assaults, and collisions that result in serious physical injuries or even death. Strategies include cutting motorists off, inappropriate honking, using obscene gestures, flipping off another driver, swerving, tailgating, brake checking, and attempting to fight.

<span class="mw-page-title-main">Traffic ticket</span> Type of notice issued by a law enforcement official

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.

<span class="mw-page-title-main">Red light camera</span> Type of traffic enforcement camera

A red light camera is a type of traffic enforcement camera that photographs a vehicle that has entered an intersection after the traffic signal controlling the intersection has turned red. By automatically photographing vehicles that run red lights, the photo is evidence that assists authorities in their enforcement of traffic laws. Generally the camera is triggered when a vehicle enters the intersection after the traffic signal has turned red.

<span class="mw-page-title-main">Parking enforcement officer</span> Official who issues tickets for vehicle parking violations

A parking enforcement officer (PEO), traffic warden, parking inspector/parking officer, or civil enforcement officer is a member of a traffic control agency, local government, or police force who issues tickets for parking violations. The term parking attendant is sometimes considered a synonym but sometimes used to refer to the different profession of parking lot attendant.

<span class="mw-page-title-main">Traffic stop</span> Detention of a driver by police

A traffic stop, colloquially referred to as being pulled over, is a temporary detention of a driver of a vehicle and its occupants by police to investigate a possible crime or minor violation of law.

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."

<span class="mw-page-title-main">School bus traffic stop laws</span>

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.

<span class="mw-page-title-main">Mobile phones and driving safety</span> Cell phone use during driving and its safety

Mobile phone use while driving is common but it is considered dangerous due to its potential for causing distracted driving and subsequent 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 in an attempt to curb the practice, with varying levels of efficacy. Many jurisdictions have enacted laws making handheld mobile phone use illegal. Many jurisdictions allow use of a hands-free device. Driving while using a hands-free device has been found by some studies to provide little to no benefit versus holding the device itself and carrying on a conversation. 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 may also increase the risk of a crash.

<span class="mw-page-title-main">Speed limits in the United States</span> Overview of the speed limits on roads in the United States

In the United States, speed limits are set by each state or territory. States have also allowed counties and municipalities to enact typically lower limits. Highway speed limits can range from an urban low of 25 mph (40 km/h) to a rural high of 85 mph (137 km/h). Speed limits are typically posted in increments of five miles per hour (8 km/h). Some states have lower limits for trucks, some also have night and/or minimum speed limits.

Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time, points are given for traffic offenses 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.

<span class="mw-page-title-main">Parking violation</span> Offence caused while a vehicle is parked

A parking violation is the act of parking a motor vehicle in a restricted place or 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.

The Highway Traffic Act is a statute 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.

<span class="mw-page-title-main">Speed limit enforcement</span> Effort made by appropriately empowered authorities to improve driver compliance with speed limits

Speed limits are enforced on most public roadways by authorities, with the purpose to improve driver compliance with speed limits. Methods used include roadside speed traps set up and operated by the police and automated roadside 'speed camera' systems, which may incorporate the use of an automatic number plate recognition system. Traditionally, police officers used stopwatches to measure the time taken for a vehicle to cover a known distance. More recently, radar guns and automated in-vehicle systems have come into use.

<span class="mw-page-title-main">Windshield obstruction laws</span>

Some legislations ban the placement of articles, devices and other paraphernalia on the windshields of vehicles.

<span class="mw-page-title-main">Hit and run</span> 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 criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.

References

  1. Conlon, Joe (Winter 2015). "A Missouri Citizen's Guide to Red Light Camera". Missouri Law Review. 80 (1): 5.
  2. "OFM Enforcement of Moving Violations". United States Department of State . Office of Foreign Missions . Retrieved 2023-01-30.
  3. Palumbo, Aimee; Pfeiffer, Melissa; Metzger, Kristina; Curry, Allison (December 2019). "Driver licensing, motor-vehicle crashes, and moving violations among older adults". Journal of Safety Research. 71: 87–93. doi:10.1016/j.jsr.2019.09.019. PMC   8928098 . PMID   31862048. S2CID   209433677.
  4. "Dallas' sheriff hopes patrol merger is the ticket to more revenue | News for Dallas, Texas | Dallas Morning News | Breaking News for Dallas-Fort Worth | Dallas Morning News". Archived from the original on 2009-03-25.
  5. "Sheriff cuts jail freebies like pickles and ketchup | News for Dallas, Texas | Dallas Morning News | Breaking News for Dallas-Fort Worth | Dallas Morning News". Archived from the original on 2009-03-27.
  6. www.2theadvocate.com https://web.archive.org/web/20080918091107/http://www.2theadvocate.com/news/26942504.html. Archived from the original on September 18, 2008.{{cite web}}: Missing or empty |title= (help)
  7. McNight, A. James (1988). "Special Report 218: Transportation in an Aging Society" (PDF). Transportation Research Board. National Research Council. p. 114. Retrieved 1 October 2021.