no stop line - the law?

[scorge]

last year i had an accident i didn;t see a junction and went throughit without stopping, i was charged with dangerous driving, but now the CPS have changed it to due care and attention.

I was not speeding, on the phone, or distracted, apart from a refelction of light. Having looked at the photographs of the incident the roadmarking were badly degraded so much that there was no stop line (otherwise know as a transverse line in the traffic signs and general directions act)

The police report made a note of the stop line being none existant and "should have been there". Was i driving without due care and attention if there is no stop line.

the law says

Section 16 - The Traffic Signs Regulations and General Directions 2002

601.1 (a) Every vehicle shall stop before crossing the transverse line shown in diagram 1002.1 or, if that line is not clearly visible, before entering the major road in respect of which the sign shown in diagram 601.1 has been provided; and

(b) no vehicle shall cross the transverse line shown in diagram 1002.1 or, if that line is not clearly visible, enter the major road in respect of which the sign shown in diagram 601.1 has been provided, so as to be likely to endanger the driver of or any passenger in any other vehicle or to cause that driver to change the speed or course of his vehicle in order to avoid an accident.
can the signs at the junction be seen to be legally places due to the missing road marking, where do i stand?

Section 17 - The Traffic Signs Regulations and General Directions 2002

Signs to be placed only in conjunction with specified road markings (except signs for prohibitions and restrictions on waiting etc)

3. 601.1 (stop sign) 1002.1 (stop line/tranverse line)
and 1022 (stop roadmarking)

[THECORBYLOON]

Section 3 of the Road Traffic Act 1988 as amended by the Road Traffic Act 1991 states

"3. If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence"

Whether there were markings or no you should always take care at juctions and the fact that there was a Stop Line at some time means that the junction requires extra care for whatever reason.

You have said the accident was yir fault which seems to confirm you were driving without due care and attention and I would say the deterioration of the road marking has no impact on the charge.

[almcd007]

I suspect there were other signs on the approach that you may have missed - this may be why they have not dropped it totally and reduced it due to the stop line being degraded.

[IWillHelpYa]

Although I understand how frustrating you find this situation, I have to mention that all STOP junctions have a STOP sign at the junction. The Stop sign (regardless of the paint degradation) is ultimately compulsory! Stop signs are place at junctions where visibility onto the new road is obstructed or where traffic is heavy. Effectively, they are there to help make a dangerous junction safe,r for both you and other road users. On arriving at any form of stop sign or signal, you must bring your vehicle to a complete stop, apply the parking brake as you look right, left and right again. You can exit the junction only if it is safe and correct to do so, without causing another road user to change speed or direction. I have to say the CPS are being as lenient to you as they can possibly be, dropping the charge from dangerous driving to due care and attention is pretty good going. Finding a way out of the charge altogether in being unrealistic as you did cause an accident. Be grateful that you did not cause death or serious injury to the occupants of the other vehicle as you so easily could have done. Put your hands up scorge and let that be and end to it. I wouldn't mind a side bet that the local council will have re-painted the stop line.