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A moving 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]
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.
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.
More serious moving violations include:
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.
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.
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."
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, flipping off another driver, swerving, tailgating, brake checking and attempting to fight.
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.
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.
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.
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.
A traffic stop, commonly 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."
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 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.
Speed limits in the United States 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 cancelled or suspended based on the number of points accumulated by them over a period of time because of the 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.
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 (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.
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.
Some legislations ban the placement of articles, devices and other paraphernalia on the windshields of vehicles.
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.
Various laws in the United States regulate the use of mobile phones and other electronics by motorists. Different states take different approaches. Some laws affect only novice drivers or commercial drivers, while some laws affect all drivers. Some laws target handheld devices only, while other laws affect both handheld and handsfree devices.
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