Moving Violation
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A moving violation is any violation of the law committed by the driver of a
vehicle A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles (trains, trams), ...
while it is in
motion In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and m ...
. The term "motion" distinguishes it from other motor vehicle violations, such as paperwork violations (which include violations involving automobile insurance, registration and inspection),
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. For example, the US
Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other na ...
makes reference to moving violations in its enforcement guidance. Moving violations often increase insurance premiums.


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 offe ...
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 adm ...
s, but serious violations such as
hit and run In traffic laws, a hit and run or a hit-and-run is the 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 may be a ...
,
driving under the influence Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
, and
road rage Road rage is aggressive or angry behavior exhibited by motorists. These behaviors include rude and verbal insults, yelling, physical threats or dangerous driving methods targeted at other drivers, pedestrians or cyclists in an effort to intimid ...
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 resu ...
.


Costs

Moving violation convictions typically result in fines and demerit points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test, pay additional taxes, or even surrender his or her license. Additionally, drivers with more points on their driving record often must pay more for
car insurance Vehicle insurance (also known as car insurance, motor insurance, or auto insurance) is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury r ...
than drivers with fewer. Sometimes tickets are used in a speed trap 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 (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, citation fines can vary widely between jurisdictions for the same behaviour, usually between $25 and $1000. In countries such as
Finland Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bot ...
, 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 ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
, each province is individual in how they treat similar behaviour 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 one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
of 50+ km over is 6 demerit points against the driver's licence with the approximate fine calculated as (km over x 9.75) x 1.25, as well it carries a one-week automatic licence 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 o ...
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 Limit or Limits may refer to: Arts and media * ''Limit'' (manga), a manga by Keiko Suenobu * ''Limit'' (film), a South Korean film * Limit (music), a way to characterize harmony * "Limit" (song), a 2016 single by Luna Sea * "Limits", a 2019 ...
or (in some jurisdictions) simply driving at an unsafe speed *
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 ...
(ACDA) *running 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 is safely clear of vehicles and pedestrians before continuing past the sign. In many countries, the sign is a red oc ...
or red
traffic light Traffic lights, traffic signals, or stoplights – known also as robots in South Africa are signalling devices positioned at road intersections, pedestrian crossings, and other locations in order to control flows of traffic. Traffic light ...
*failure to yield to another vehicle with the
right-of-way Right of way is the legal right, established by grant from a landowner or long usage (i.e. by prescription), to pass along a specific route through property belonging to another. A similar ''right of access'' also exists on land held by a gov ...
*failure to
signal In signal processing, a signal is a function that conveys information about a phenomenon. Any quantity that can vary over space or time can be used as a signal to share messages between observers. The '' IEEE Transactions on Signal Processing' ...
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 each ...
usage, such as failing to drive within a single lane *crossing over a center divider,
median In statistics and probability theory, the median is the value separating the higher half from the lower half of a data sample, a population, or a probability distribution. For a data set, it may be thought of as "the middle" value. The basic f ...
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 mak ...
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 red ...
*illegal use of window tints and obstructions *failure to stop for a
pedestrian A pedestrian is a person traveling on foot, whether walking or running. In modern times, the term usually refers to someone walking on a road or pavement, but this was not the case historically. The meaning of pedestrian is displayed with ...
in a
crosswalk A pedestrian crossing (or crosswalk in American English) is a place designated for pedestrians to cross a road, street or avenue. The term "pedestrian crossing" is also used in the Vienna and Geneva Conventions, both of which pertain to ro ...
*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 transport students to and from school or school-related activities, but not including a charter bus or transit bus ...
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 cargo, carry specialized payloads, or perform other utilitarian work. Trucks vary greatly in size, power, and configuration, but the vast majority feature body-on-frame constructi ...
or lorry *driving in a car pool lane illegally *operating a telecommunications device while driving (in jurisdictions that prohibit
this This may refer to: * ''This'', the singular proximal demonstrative pronoun Places * This, or ''Thinis'', an ancient city in Upper Egypt * This, Ardennes, a commune in France People with the surname * Hervé This, French culinary chemist Arts, ...
) *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, often on certain days and times, and generally used to speed up public transport that would be otherwise held up by traffic congestion. The related term busway describes a roadwa ...
or on train tracks *failure to stop after a traffic collision 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)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
*
reckless driving In United States law, reckless driving is a major moving traffic violation that generally consists in driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless ...
*
street racing Street racing is typically an unsanctioned and illegal form of auto 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 ...
*
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 your record depends on the law in your particular state. In New York, for example, minor moving violations can stay on your 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 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 school


References

{{Traffic law Crimes Traffic law