Traffic Laws
Traffic Laws
Traffic laws cover all legal issues relating to road transport. Travel by road is a blessing, but can also become a curse where accidents are concerned. In many cases accidents cause damage and serious personal injury. The traffic laws exist to try to prevent accidents as far as possible.
In most cases, there is strict liability under the law for violations of traffic offences, and thus the first issue to prove is that the accused actually and physically committed the crime in question. Once proven, the three mental elements of the case will be considered: awareness or wilfully blind behaviour, criminal intent (mens rea), strict liability and negligence.
Types of traffic offenses
There are not only traffic accidents, traffic offenses can be much more. A traffic offense may just be a failure to comply with a traffic sign, but the consequences of that can be mundane or fatal. It is the same with speeding, deviate from the road, bad overtake, talking on the phone or sending messages, lack of attention to what happens on the road or street, driving while intoxicated, and more.
The fight against traffic offenses
Of course the punishment policy is one of the main means for the fight against traffic offenses. First, there is education, training and information that increase public awareness, efforts are made to improve the quality of roads in the country, supervision and execution of existing laws by authorities, but this is not enough, even the fines are not always sufficient, only a sentencing policy to heavy prison sentences is likely to transmit the message.
- Traffic Court
This court handles everything regarding traffic and vehicle violations, it is an integral part of the judiciary.
- Indictment
There are two types of response to traffic violations, the first is a report with a fine, the second is an indictment with a court appointment. When a person receives an indictment, the penalties can range from high fines to imprisonment.
- Appeal
An appeal is a procedure in which the accused driver does not agree with the judge’s decision at the trial. The appeal is directed to a higher court which will hear the case and decide whether to change the decision of the judge.
- Traffic ticket
A traffic ticket is a notice that a driver usually receives from a law enforcement official after a traffic violation he committed. The violation can amount to a fine or, if the offense is more serious, to an indictment and trial. The most common offenses are those for minor traffic offenses such as failure to comply with traffic signs, prohibited parking, and others. In the case of an accident the driver will not be ticketed but will receive an indictment.
- New driver offences
Anyone learning to drive is a new driver for a period of two years after obtaining the license. A young new driver is a new driver under 24 years. The young new driver must be accompanied by an adult when driving and there is a limit on the number of passengers he can take. Breaches of new drivers are generally excessive speed in town and outside the town, non-respect of road signs, driving under the influence of alcohol or drugs, wrong overtaking and others. The height of the fines depends on the seriousness of the offense. An offense for a new driver may see the withdrawal of his license for a period of at least three months and it will not be renewed.
- Administrative driving license withdrawal
Administrative driving license withdrawal is a driving ban for the driver for a short or long period, when there is suspicion that he committed a traffic infraction.
- Driving license withdrawal
Driving license withdrawal happens when a driver sees his license revoked for a traffic infraction. This withdrawal can be for a fixed period or permanently. Only the court, the transport department and the police can withdraw a license. In some cases, the driver will have to redo his license, in other cases he will be able to recover it at the end of the withdrawal period.
- Fines for traffic offenses
The fines are a punishment received by drivers who made traffic offenses. There are minor offenses and serious offenses and the penalties are adapted according to the severity of the case. There are two ways to get traffic tickets, the first is when a driver receives it in person, by film or stuck on his vehicle with a fine to pay, the second is an assignment with a date for trial.
- Deadly accident
There are many types of accidents, the worst is when there are one or more deaths that are the result of the accident in question.
- Hit and run
The hit and run in a road accident is when a driver has had an accident but did not provide assistance, as specified in the law, but in the contrary fled the scene.
- The Institute of Medicine
The Institute of Medicine is part of the Ministry of Health but works for the Ministry of Transport, he is the one who carries out medical examinations for driving license authorities.
- Reckless driving
The reckless driving offense is considered relatively benign, it happens when the driver is distracted, does not put his full attention to driving, is just reckless. In general reckless driving happens once and not all the time.
- Careless driving
Careless driving is when a driver makes an offense while being aware of what he does and it causes damage to persons or property. Generally, careless driving often enough happens again and again.
- Speeding
Speeding happens when a driver exceeds the speed limit on the road where he drives. Penalties for speeding are fines, points and subpoenas. In urban areas if the driver exceeds the speed limit from 0 to 20 km per hour he will pay 250₪ fine, if he exceeds 21-30 km per hour he will pay 750₪ fine and will receive 8 points, if it is more than 31 km per hour, he will receive a subpoena and 10 points.
- Driving while intoxicated
When a driver drives under the influence of alcohol, his reflexes are slower and his thinking less clear, this is driving while intoxicated. Such driving can endanger the driver and other people, so it is considered a very serious traffic offense. A driver with more than 0.05% alcohol in his blood is considered intoxicated. The minimum sentence is two years of license withdrawal and if the driver caused an accident, the punishment can be up to several years in prison.
- Driving without a license
It is forbidden by law to drive without a license. A driver driving without a license risks a suspended prison sentence and even up to two years’ imprisonment.
