Approaching an unmanned railway crossings in a 40mph speed limit doing exactly that with a car close behind me , the lights on the crossings come on but no Amber just red . With a split second decision to make of lump on the brakes or keep going. I keep going and when through the other side can't help thinking that they shouldn't have been red and contemplate waiting for the driver who was behind to come through after the train passed , to see if he would be willing to be a witness incase anything came of it . Decided not to do that and 10 days later a letter from British transport police saying they intend prosecuting . Not happy I return to said railway crossing and approaching them the lights came on Amber for approx 2 seconds before turning red , a very small window indeed . Now I don't know if I'm going to plead guilty or go to court to explain I think the lights are faulty . Exact same thing happened to a mate of mine at the same crossing several years ago . Thoughts ?
Difficult one, would it be feasible to apply to them for a copy of the maintenance schedule for the lights or any work done to the crossing. That may assist. You could also ask for them to give disclosure on that to assist your defence. If they won't give it to you, then you could always try and ask for the same info on a Freedom of Information enquiry. What time limit have you got, is it a fixed penalty option you have, or is it a summons? That may all determine your response as that will put time constraints on you.
Might be worth popping back to film the light sequence for your defence! Maybe even a couple of times to double check how long the changes are between each phase
Got 28 days to reply , just ordered a tripod for the iPhone 6 . Gunna go and video how long the amber comes on before red . Then complain after I have some evidence . Fuming about this as there was a car close behind me and I was sticking to speed limit . Didn't want a car shunting me from behind .
Lights may be faulty, I notice on my commutes the regular traffic lights occasionally go out of sequence & they like that sometimes for days. Hopefully yours will still be showing the brief amber, it does seem very short in giving notice to stop
Compare the light sequence to normal traffic lights for possible excuse. Also the fact that you were aware of the guy behind you shows that you were alert. The thought of him possibly shunting you onto the track resulted in you carrying on also mention that you slowed for the hazard beforehand. Just trying to help you dig yourself out of the hole
You shoulda gone back and videoed them at the time. Unfortunately I have to agree with Sinewave as you did go through on red.
When you go back, see if there is a video camera covering the crossing, again, that may assist your defence, if you choose to fight it, as it would show the following car. Following that, you need to try and work out what distance it was behind you and then cover your overall stopping distance at 40mph as defined in Highway Code. At risk of sounding like an anorak, I think it's 120ft, I know, I know, we can all stop quicker, but thin about what's behind that maybe can't stop so quickly plus that's what the Highway Code gives you to quote. It's a starter should you wish to contest it. That's one of the reasons you'll be given 28 days to respond which gives you chance to cover options such as this.
God forbid the same happening to you and you'll be as livid as I am about it , clean licence for 20 yrs , don't go through red lights unless no option in a split second decision
I know from bitter experience it doesn't matter how much you think you are in the right, without full legal assistance and evidence you ain't gonna win this one.
I'm 100% sure the timing will Be as follows ....... Amber lights come on for 2-3 seconds , then red lights come on . At this point anybody having gone through is done , as in less than a second later the barriers will be down and in 1 more second the high speed locomotive will arrive and smash everything & Everybody into millions of little pieces
As are you for coming here crying about breaking the law, be a man and accept your fate and not a little girl...