Traffic Offence
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A moving violation or traffic violation is any violation of the law committed by the driver of a
vehicle A vehicle () is a machine designed for self-propulsion, usually to transport people, cargo, or both. The term "vehicle" typically refers to land vehicles such as human-powered land vehicle, human-powered vehicles (e.g. bicycles, tricycles, velo ...
while it is in
motion In physics, motion is when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...
. The term "moving" distinguishes it from other motor vehicle violations, such as paperwork violations (which include violations involving
vehicle insurance Vehicle insurance (also known as car insurance, motor insurance, or auto insurance) is insurance for automobile, cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bo ...
, registration, and
inspection An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity. ...
),
parking violation 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 roa ...
s, or equipment violations. The
United States Department of State The United States Department of State (DOS), or simply the State Department, is an United States federal executive departments, executive department of the U.S. federal government responsible for the country's foreign policy of the United State ...
makes reference to moving violations in its enforcement guidance.


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
infraction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary of ...
s or
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
s, but serious violations such as
hit and run 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. Additional obligation In many jurisdictions, there ma ...
,
driving under the influence Driving under the influence (DUI) is the crime of driving, operating, or being in control of a vehicle while one is impaired from doing so safely by the effect of either alcohol (drug), alcohol (see drunk driving) or some other drug, whether re ...
, and
road rage Road rage is aggressive or angry behavior exhibited by people driving a vehicle. These behaviors include rude and verbal insults, yelling, physical threats or dangerous driving methods targeted at other drivers, pedestrians, or cyclists in an ...
can be considered
felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...
.


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. 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 limit, 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 "s ...
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 The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, citation fines can vary widely between jurisdictions for the same behavior, usually between $25 and $1,000. In countries such as
Finland Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...
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 is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, 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 Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
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 Manitoba is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population ...
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

*Speeding, which can be exceeding a limit or (in some jurisdictions) simply driving at an unsafe speed *Driving significantly below the speed limit to the point of obstructing traffic *
Tailgating 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. The safe distance for following another vehicle varies depend ...
or failing to maintain an
assured clear distance ahead In legal terminology, the assured clear distance ahead (ACDA) is the distance ahead of any terrestrial locomotive device such as a land vehicle, typically an automobile, or watercraft, within which they should be able to bring the device to a ha ...
*Driving or rolling past a
stop sign A stop sign is a traffic sign designed to notify drivers that they must come to a complete stop and make sure the intersection (road), intersection (or level crossing, railroad crossing) is safely clear of vehicles and pedestrians before contin ...
or red
traffic light Traffic lights, traffic signals, or stoplights – also known as robots in South Africa, Zambia, and Namibia – are signaling devices positioned at intersection (road), road intersections, pedestrian crossings, and other locations in order t ...
without stopping *Failure to yield to another vehicle with the
right-of-way A right of way (also right-of-way) is a specific route that people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access h ...
*Failure to
signal A signal is both the process and the result of transmission of data over some media accomplished by embedding some variation. Signals are important in multiple subject fields including signal processing, information theory and biology. In ...
for turns or lane changes *Improper
lane In road transport, a lane is part of a roadway that is designated to be used by a single line of vehicles to control and guide drivers and reduce traffic conflicts. Most public roads (highways) have at least two lanes, one for traffic in eac ...
usage, such as failing to drive within a single lane *Crossing over a center divider,
median The median of a set of numbers is the value separating the higher half from the lower half of a Sample (statistics), data sample, a statistical population, population, or a probability distribution. For a data set, it may be thought of as the “ ...
, or
gore Gore may refer to: Places Australia * Gore, Queensland * Gore Creek (New South Wales) * Gore Island (Queensland) Canada * Gore, Nova Scotia, a rural community * Gore, Quebec, a township municipality * Gore Bay, Ontario, a township on Manito ...
*Driving on the
shoulder The human shoulder is made up of three bones: the clavicle (collarbone), the scapula (shoulder blade), and the humerus (upper arm bone) as well as associated muscles, ligaments and tendons. The articulations between the bones of the shoulder m ...
where it is considered illegal under certain conditions *Failure to use a
seat belt A seat belt, also known as a safety belt or spelled seatbelt, is a vehicle safety device designed to secure the driver or a passenger of a vehicle against harmful movement that may result during a collision or a sudden stop. A seat belt reduce ...
*Illegal use of window tints and obstructions *Failure to stop for a
pedestrian A pedestrian is a person traveling on foot, by wheelchair or with other mobility aids. Streets and roads often have a designated footpath for pedestrian traffic, called the '' sidewalk'' in North American English, the ''pavement'' in British En ...
in a crosswalk *Failure to stop for a
school bus A school bus is any type of bus owned, leased, contracted to, or operated by a school or school district. It is regularly used to Student transport, transport students to and from school or school-related activities, but not including a charter ...
when children are boarding or exiting (in certain jurisdictions) *Failure to secure a load to a
truck A truck or lorry is a motor vehicle designed to transport freight, carry specialized payloads, or perform other utilitarian work. Trucks vary greatly in size, power, and configuration, but the vast majority feature body-on-frame construct ...
, lorry, or other vehicle *Driving in a car pool lane illegally *Operating a telecommunications device while driving (in jurisdictions that prohibit this) *Driving a vehicle outside the conditions of one's license *Driving without a license or with a suspended license or with a license from another country *Driving a vehicle in a
bus lane A bus lane or bus-only lane is a lane restricted to buses, generally to speed up public transport that would be otherwise held up by traffic congestion. The related term busway describes a roadway completely dedicated for use by buses, whilst ...
or on
railway tracks Railway track ( and UIC terminology) or railroad track (), also known as permanent way () or "P way" ( and Indian English), is the structure on a railway or railroad consisting of the rails, fasteners, sleepers (railroad ties in American E ...
* failure to stop after a
traffic collision A traffic collision, also known as a motor vehicle collision, or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other moving or stationary obstruction, such as a tree, pole or building. Tr ...
or make a report *Driving on the wrong side of the road, unless there is an obstruction More serious moving violations include: *
Driving under the influence Driving under the influence (DUI) is the crime of driving, operating, or being in control of a vehicle while one is impaired from doing so safely by the effect of either alcohol (drug), alcohol (see drunk driving) or some other drug, whether re ...
*
Reckless driving In United States law, reckless driving is a major moving violation related to aggressive driving that generally consists of driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious o ...
or
dangerous driving In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driv ...
*
Street racing Street racing is an illegal form of motor racing that occurs on a public road. Racing in the streets is considered an ancient hazard, as horse racing occurred on streets for centuries, and street racing in automobiles is likely as old as the a ...
*
Vehicular homicide Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle. In cases of criminal negligence, the defendant is commonly charged ...


Moving violations and driving records

Exactly how long moving violations stay on a driving record depends on jurisdictional laws; for example, in
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
, minor moving violations can stay on a driving record abstract for a maximum of four years. 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

* Traffic enforcement *
Traffic ticket 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 ...
*
Traffic court Traffic court is a specialized judicial process for handling traffic ticket cases. In the United States, people who are given a citation by a police officer can plead guilty and pay the indicated fine directly to the court house, by mail, or on ...
*
Traffic school Driver's education, also known as driver's ed, driving education, driver training, or driving lessons, is a formal class or program that prepares a new driver to obtain a learner's permit or driver's license. The formal class program may also p ...


References

{{Traffic law Crimes Traffic law