The rules when you come to a stop sign are clear. You must stop. Regardless of whether there is a clear path or not. But this was not done by a 19-year-old from Karmøy who was on a motorbike trip in September last year. He came from Haugesund and was going to turn onto the E39 in Sveio in Vestland. These are the rules for stop signs Photo: Olav Røli / news The sign states that the driver must come to a complete stop before entering a crossing road or before crossing a level crossing, and that the driver is obliged to give way to traffic moving in both directions on the crossing road or that the driver must give way for trams and railway trains on crossing level crossings. The stop must take place in front of and next to the stop line, or if there is no stop line, as close to the crossing road as possible. According to Norsk veidatabank, there are approximately 290 Stop signs on Norwegian roads today. Source: The sign regulations At the intersection there is a stop sign. The 19-year-old just drove out behind a van. Without stopping. There were no cars in sight, but he still broke the traffic rules to stop. Stop signs should reduce accidents by giving motorists time to observe the traffic. That is why there is also an order to stop, regardless. Photo: Olav Røli / news Refuse to accept driver’s license confiscation The police understood the situation and gave the young man a fine of NOK 7,450. In addition, he received three dots on his driving licence. This is a practice the police have followed ever since the dot charge was introduced back to 1 January 2004. And because he had three dots from earlier, and was young, he received double the dots. With nine points in total, he had to surrender his driver’s license. The young man would not accept this, and took the case to court, based on two factors. First, the basis for the confiscation of the driver’s license. Then the presentation itself. Haugaland and Sunnhordland district court believes the police may have given points on the wrong basis. Photo: Øystein Otterdal / news And now the Haugaland and Sunnhordland district courts, with two different judges, have given the young man full support in two rounds. They state that there is no basis for giving points for not stopping for such a sign. – We do not agree with the conclusion from the district court and will appeal the case to the Court of Appeal, says police attorney Sveinung Andersen in Sør-Vest Police District. The case was first reported by Haugesund’s Avis. When you turn right or left at this intersection, you must stop at the stop line. Regardless of whether there is a clear path or not. Photo: Olav Røli / news Several thousand may have had the wrong reaction When the District Court considered the driver’s license seizure in November, they thought the driver’s license seizure seemed like an overreaction. “The court is inclined to think that the prosecution’s point-loading practice here may be questionable,” writes the court. And they gave the man his driver’s license back. When the application was considered by the court at the beginning of January, the court held that the practice of giving points when motorists do not stop at stop signs is wrong. In recent years, many drivers have received notices for not stopping for such signs. Photo: Olav Røli / news And they add that tens of thousands of motorists may have mistakenly lost their driving license due to similar signs. But the police will continue with their interpretation for the time being. – If the Court of Appeal and possibly the Supreme Court come to the same conclusion, we must adjust the practice. But first of all I am waiting for further treatment in court, says Andersen. The police get support news has spoken to several experts on traffic law. They largely share the prosecution’s perception of the reaction. – The regulations on dots are both square and absolute. If there is a breach of the rules, then you must have dots. When one has received enough dots, the outcome is a given, says Jens Christian Riege, who is a lawyer at NAF. Kristin Sandbu, university lecturer at the Norwegian Police Academy, has for many years taught future police officers in traffic law. She believes that the basis for the sign being there is important. – This is an extra demanding city for road users. Then you have a duty to stop regardless, precisely to be able to stop if there should be a situation. It becomes a kind of double yielding obligation, she believes. When entering the E39 at this junction, you must stop. Experts point to the sign being there for a reason. Photo: Olav Røli / news Olav Markussen, head of department in the Utrykkingspolitiet, says in a comment to news that they will not comment on the case for the time being. They, too, will wait for a final judgment. The 19-year-old who sat on the motorcycle has not responded to news. Hello! Do you have any thoughts after reading this case, or would you like to advise us about similar or other cases. Send me an email.
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The police may have been wrong about stop signs for many years – news Vestland
