A driver in Soissons, in the Aisne region of northern France, was fined 135 euros and had four points deducted from his licence after driving through a red light that stayed lit for several minutes during a heavy downpour.
The driver, identified only as Faustin, said he arrived at the junction alongside about ten other cars during a torrential rainstorm. He said the light remained stuck on red for several minutes, and when it did not change, he drove through it. He was fined shortly afterward.
A light designed to reward safe speeds
The traffic light in question was what French authorities call a "feu recompense," or reward light, fitted with a speed sensor mounted just above it. The system works by turning green for drivers travelling at or below the speed limit, while those going too fast are made to wait at red.
According to Faustin, the rain that day interfered with the sensor, so the light never turned green during the several minutes he waited before deciding to proceed.
What the law says about red and amber lights
French traffic law requires all drivers to come to a complete stop at a red or amber light. Accelerating through an amber light to save a few seconds carries a 35 euro fine, unless stopping suddenly would create a safety risk, such as being rear-ended by another vehicle. These rules apply equally to reward lights like the one Faustin encountered.
The programme also addressed what drivers should do if a traffic light breaks down entirely. If the light is completely dark, or is flashing amber, drivers may proceed with caution, generally following priority-to-the-right rules unless a sign near the light states otherwise. But if the light is stuck on red, as in Faustin's case, drivers are in principle required to remain stopped, even if the wait becomes very long.
Is there a maximum wait time at a red light?
Under France's interministerial instruction on road signage, a standard traffic light cannot legally stay red for more than two minutes, or up to four minutes at certain junctions involving public transport. However, that rule does not apply to reward lights, since a sensor that fails to detect vehicles because of rain can leave the light red for a very long time, potentially an entire day.
Building a case to contest the fine
It is this kind of malfunction that Faustin needs to prove, since a police fine is presumed valid until shown otherwise. Basile Tissot, a road-law lawyer at the De Caumont firm, said drivers in this situation need to gather evidence, including photographs of the light and the location, and ideally dashcam footage if the vehicle has an onboard camera fixed to the windscreen.
Tissot said statements from other drivers present at the scene can also help, confirming that the wait lasted five or ten minutes and that something was clearly wrong. He added that town councils can sometimes provide a maintenance report for the light showing a record of the fault.
With this kind of evidence in hand, Faustin has 45 days to formally contest the fine.
