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Failing to comply with a traffic sign

s.36Road Traffic Act 1988

A driver or cyclist failing to comply with the indication given by a lawfully placed traffic sign, such as a red traffic light.

Failing to comply with a traffic sign · Road Traffic Act 1988, s.36Card 111 / 195

Points to prove

A traffic sign of the prescribed size, colour and type (or otherwise authorised)
Had been lawfully placed on or near a road
The defendant was driving or propelling a vehicle
They failed to comply with the indication given by the sign

Key definitions

Traffic sign – includes signs, road markings and light signals. The prescribed signs are set out in the Traffic Signs Regulations and General Directions 2016.
Lawfully placed – s.36(2): the sign must indicate a statutory prohibition, restriction or requirement, or be a sign to which s.36 is expressly applied. Where a sign only gives the general nature of a restriction, the driver must have actually breached the restriction.
Presumption – s.36(3): a sign on or near a road is presumed to be of the prescribed type and lawfully placed unless the contrary is proved.
Driving or propelling – includes pedal cyclists, so a cyclist jumping a red light commits this offence.

Defences

Sign not lawful or not prescribed – the defendant may prove that the sign was not of the prescribed type or was not lawfully placed (s.36(3)).
Emergency service vehicles have limited exemptions for some signs, such as red lights, under the 2016 Regulations.

Good to know

Penalty points: 3 points (obligatory endorsement) and discretionary disqualification only where the offence is committed in a motor vehicle and the sign is one specified in the 2016 Regulations, such as red traffic lights, stop signs and double white lines. Other signs carry a fine only.
A notice of intended prosecution is required (RTOA 1988, s.1) unless an accident occurred at the time.
Fixed penalty notice available. Six-month time limit for prosecution.

Legislation: Road Traffic Act 1988, s.36 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Fine of up to £1,000 (level 3)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Failing to comply with a traffic sign: questions people ask

What are the points to prove for failing to comply with a traffic sign?

1. A traffic sign of the prescribed size, colour and type (or otherwise authorised) 2. Had been lawfully placed on or near a road 3. The defendant was driving or propelling a vehicle 4. They failed to comply with the indication given by the sign

What is the maximum sentence for failing to comply with a traffic sign?

Fine of up to £1,000 (level 3)

Is failing to comply with a traffic sign a summary, either-way or indictable offence?

Failing to comply with a traffic sign is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is failing to comply with a traffic sign?

Failing to comply with a traffic sign is an offence under the Road Traffic Act 1988, s.36.

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