Emergency / Directed by Police
Summary
The Traffic Management Act 2004, Schedule 7, Paragraph 4 provides explicit exemptions for vehicles acting under police direction. Road Traffic Regulation Act 1984, Section 87 exempts emergency vehicles on duty. Common law recognises that compliance with a police officer's direction is a lawful excuse. Where you were directed by a police officer to enter a restricted area, or were responding to a genuine emergency that required use of the restriction, this is a complete defense. Success rate is approximately 70% where the circumstances are documented.
Legal Basis
Traffic Management Act 2004, Schedule 7, Paragraph 4: exemption applies to vehicles acting under direction of a police constable. Road Traffic Regulation Act 1984, Section 87: emergency vehicles responding to emergency calls are exempt. Common law: compliance with a lawful direction from a police officer is a complete excuse for entering an otherwise restricted area.
When This Defense Applies
This defense applies where a uniformed police officer directed you to drive in a particular manner that resulted in the contravention; where a road was closed and police were routing traffic through a restricted area; where you were an emergency vehicle responding to an emergency call; or where a road incident forced you into a restricted area with no alternative route. The defense covers both formal police direction and circumstances of necessity arising from a genuine emergency.
Evidence Required
Document the circumstances as specifically as possible:
- Incident reference number from police if officers directed traffic
- Dashcam footage showing police officer directing traffic or blocked road
- Evidence of the emergency: breakdown receipt, medical records, 999 call log
- Witness details if bystanders observed the police direction
Win Rate
Approximately 70% success where circumstances are documented. Police direction is a complete statutory defense. Emergency circumstances rely on the adjudicator's assessment of necessity.
Sources
- Traffic Management Act 2004, Schedule 7, Paragraph 4
- Road Traffic Regulation Act 1984, Section 87
Frequently Asked Questions
- What if no police were involved — just an unavoidable road situation?
- Necessity is a recognised defense at common law. If you entered a restriction because the alternative was dangerous (e.g., a road obstruction left no safe passage), that can support the appeal. The more clearly unavoidable the situation, the stronger the argument.
- Do I need the police officer's badge number?
- A badge number or officer name is helpful but not always available. An incident reference number covering the relevant time and location is more useful — it confirms police activity at the scene. Dashcam footage showing a uniformed officer is excellent evidence.
- Does this apply to private parking charges as well?
- For private parking operators, the emergency/police direction defense operates as a mitigating circumstance rather than a statutory exemption (the TMA 2004 exemption applies to civil enforcement). Many BPA operators will cancel charges where genuine emergency circumstances are documented — raise it at first instance.
- I was rushing a family member to hospital — does that count?
- This is mitigation rather than a statutory emergency vehicle exemption (which applies to ambulances, fire engines, police vehicles on duty). However, the circumstances can support both an emergency defense and a mitigation argument. Combine with any technical grounds that also apply.
Related
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