Moving violation
Encyclopedia
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 violations such as parking violation
s, equipment violations, or paperwork violations relating to insurance, registration, inspection, etc.
Moving violations are usually classified as infractions or misdemeanor
s, but serious violations can be considered felonies
.
The most commonly enforced moving violation, and the overwhelmingly most frequent reason for a vehicle pullover (regardless of type of citation issued, if any), are violations of the speed limit
. Measurements of motorist speed throughout time have found many roadways where compliance with speed laws is very low, making many motorists liable to be pulled over at the discretion of law enforcement.
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.
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 8 demerit points and a fine of 557 dollars.
More serious moving violations include:
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
committed by the driver of a vehicle
Vehicle
A vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
while it is in motion
Motion (physics)
In physics, motion is a change in position of an object with respect to time. Change in action is the result of an unbalanced force. Motion is typically described in terms of velocity, acceleration, displacement and time . An object's velocity cannot change unless it is acted upon by a force, as...
. The term "motion" distinguishes it from other violations such as parking violation
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....
s, equipment violations, or paperwork violations relating to insurance, registration, inspection, etc.
Theory
In theory, moving violations are more likely to directly cause physical harm to persons and property. The other forms of violations include:- equipment violations that cause theoretical risk (nonfunctional taillight)
- paperwork violations like failure to maintain insurance, expired registration.
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 misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s, but serious violations can be considered felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
.
The most commonly enforced moving violation, and the overwhelmingly most frequent reason for a vehicle pullover (regardless of type of citation issued, if any), are violations of the speed limit
Speed limit
Road speed limits are used in most countries to regulate the speed of road vehicles. Speed limits may define maximum , minimum or no speed limit and are normally indicated using a traffic sign...
. Measurements of motorist speed throughout time have found many roadways where compliance with speed laws is very low, making many motorists liable to be pulled over at the discretion of law enforcement.
Costs
Moving violations involve fines which must be paid as well and sometimes punitive 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
Speed Trap
Speed Trap is a live jazz album by Peter King, recorded at Ronnie Scott's Jazz Club in September 1994, and released in 1996 under the Ronnie Scotts Jazz House label...
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.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, citation fines can vary widely between jurisdictions for the same behaviour, usually between $25 and $1000. In countries such as Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, 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
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, 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 8 demerit points and a fine of 557 dollars.
Examples of moving violations
- speeding, which can be exceeding a limit or simply driving an unsafe speed
- running a stop signStop signA Stop sign is a traffic sign to notify drivers that they must stop before proceeding.-Specifications:The Vienna Convention on Road Signs and Signals proposed standard stop sign diameters of 0.6, 0.9 or 1.2 metres. UK and New Zealand stop signs are 750, 900 or 1200 mm, according to sign...
or red traffic lightTraffic lightTraffic lights, which may also be known as stoplights, traffic lamps, traffic signals, signal lights, robots or semaphore, are signalling devices positioned at road intersections, pedestrian crossings and other locations to control competing flows of traffic... - failure to yield to another vehicle with the right-of-way
- failure to signal for turns or lane changes
- failing to drive within a single laneLaneA lane is a part of the roadway within a road marked out for use by a single line of vehicles in such a way as to control and guide drivers for the purpose of reducing traffic conflicts. Most public roads have at least two lanes, one for traffic in each direction, separated by Lane markings...
- crossing over a center divider, medianCentral reservationOn divided roads, such as divided highways or freeways/motorways, the central reservation , median, parkway , median strip or central nature strip is the area which separates opposing lanes of traffic...
or goreGore (road)A gore, gore point, or gore zone is a triangular piece of land found where roads merge or split. When two roads merge, the area is sometimes referred to as a merge nose... - driving on the shoulder where it is considered illegal under certain conditions
- failure to use a seat beltSeat beltA seat belt or seatbelt, sometimes called a safety belt, is a safety harness designed to secure the occupant of a vehicle against harmful movement that may result from a collision or a sudden stop...
- failure to stop for a pedestrianPedestrianA pedestrian is a person traveling on foot, whether walking or running. In some communities, those traveling using roller skates or skateboards are also considered to be pedestrians. In modern times, the term mostly refers to someone walking on a road or footpath, but this was not the case...
in a crosswalk - failure to stop for a school busSchool busA school bus is a type of bus designed and manufactured for student transport: carrying children and teenagers to and from school and school events...
when children are boarding or exiting - failure to secure a load to a truckTruckA truck or lorry is a motor vehicle designed to transport cargo. Trucks vary greatly in size, power, and configuration, with the smallest being mechanically similar to an automobile...
or lorryLorry-Transport:* Lorry or truck, a large motor vehicle* Lorry, or a Mine car in USA: an open gondola with a tipping trough* Lorry , a horse-drawn low-loading trolley-In fiction:... - driving in a car pool laneHigh-occupancy vehicle laneIn transportation engineering and transportation planning, a high-occupancy vehicle lane is a lane reserved for vehicles with a driver and one or more passengers...
illegally - operating a telecommunications device while driving (in countries such as AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and certain U.S. jurisdictions such as CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
) - driving a vehicle outside the conditions of one's license
More serious moving violations include:
- driving under the influenceDriving under the influenceDriving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
- reckless drivingReckless drivingReckless driving is a major moving traffic violation. As a legal term, it is used within the United States. This offence has been abolished in the United Kingdom and replaced...
- street racingStreet racingStreet racing is a form of unsanctioned and illegal motor racing which takes place on public roads. Street racing can either be spontaneous or well-planned and coordinated. Well coordinated races are planned in advance and often have people communicating via 2-way radio/citizens' band radio and...
- vehicular homicideVehicular homicideVehicular homicide in most states in the United States, is a crime. In general, it involves death that results from the negligent operation of a vehicle, or more so a result from driving while committing an unlawful act that does not amount to a felony...