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This is the case
YTF -member was stopped by the police at the end of April because they believed that the member had driven the truck on the double barrier line that separates the lanes.
The police believed the relationship resulted in three points. YTF The member had 5 active points previously, and this would give him 8 points. The police chose to seize the driver's license on the spot since 8 points are grounds for losing your driving license for 6 months.
Later, the police decided to give the driver a fine of NOK 4,550 and a six-month driving ban.
What does the legislation say?
The driver did not consent to the seizure of his driver's license and the case was therefore sent to the District Court for consideration. The driver had requested assistance from Yrkestrafikkforbundet and YTF's legal assistant Jeannette Kvamme appeared in court with the member.
– The driver admitted to driving on the yellow barrier line. However, we could not see that the situation for which the driver was accused would result in a penalty charge. It is not specifically mentioned that a violation of sign 1004, which states that "driving on or over the barrier line, or to the left of the yellow barrier line" should result in a penalty charge. For a situation to result in a penalty charge, it must be clearly stated in the penalty charge regulations, states Kvamme.
- It is possible that the police are confused
– We see that the police state in many news stories that crossing a restricted area results in a fine and three points, but they simply have no evidence to say that. Here it is possible that they have confused traffic sign 1004 (restricted area) with what the point-loading regulations say about violating traffic sign 1014, which is a “restricted area limited by a solid yellow line or parallel yellow restricted areas”. But it is not the same, says Kvamme.
Here you can see the difference between signs 1004 and 1014
Here you will find §2.6 of the Point Load Regulation.
Not finally finished
According to YTF's legal advisor Jeannette Kvamme, the case is not certain to be completely closed yet.
– Our member will also not accept the penalty period stipulated in the fine as we believe he should not have been given three points for the incident, and it remains to be seen whether the police will pursue this case further or issue a new fine without penalty period. If there is a court case, the member will of course receive assistance from YTF in the case, concludes Kvamme.
