Who Has Priority When Traffic Lights Are Out of Order?

Who has priority when traffic lights are out of order? It’s a question that confuses many drivers and can lead to hesitation or worse, accidents.

When signals fail, uncertainty rises, and safe decisions become harder. 

This guide clears the confusion, walking you through exactly what the Highway Code says, how to act safely, and what to watch out for in special situations. Stay informed and avoid costly mistakes on the road.

1. Who Has Priority When Traffic Lights Are Out of Order?

When traffic lights are not working in the UK, no one automatically has priority at the junction. In such cases, the area should be treated as an unmarked crossroad. All road users, including drivers, cyclists, and pedestrians, must proceed with extra caution. 

According to the Highway Code, you should never assume you have the right of way. Instead, approach slowly, check traffic from all directions, and be ready to stop or give way. In most cases, using eye contact and clear, careful decisions helps everyone move safely. Ultimately, the most important rule is to prioritise safety and only continue when it is clearly safe to do so.

2. What the Highway Code Says About Broken Traffic Lights

According to the Highway Code, specific guidance is provided for situations involving broken traffic lights, especially under Rule 146 and Rule 176. Rule 176 explains that if traffic signals are not working, drivers should treat the junction as an unmarked one and proceed with great care. In such cases, there is no clear right-of-way. All road users must slow down, observe their surroundings, and be ready to stop or give way.

In addition, Rule 146 advises drivers to adjust their behaviour to suit the situation. This includes staying alert for unpredictable hazards and being aware of other road users.

Both the Highway Code and the DVSA emphasise that no one should assume priority at a broken signal. Clear communication, eye contact, and patient judgment are key to staying safe and passing your driving test.

3. What Does “Out of Order” Actually Mean?

The term “out of order” refers to traffic lights that are no longer operating correctly and fail to provide clear instructions to road users. This can occur in several common scenarios.

For example, a total blackout due to a power cut or electrical fault, leaving all lights at the junction completely off. In other cases, lights may become stuck on a single colour, such as red, causing uncertainty for drivers.

Another frequent situation involves temporary traffic lights at roadworks, which can malfunction and leave the junction unmanaged.

4. What to Do at Out-of-Order Traffic Lights?

When traffic lights are out of order, it’s important to follow these steps to stay safe.

First, slow down and treat the junction as an uncontrolled intersection where no one has priority. Be prepared to stop because other drivers might be unsure or may not give way.

Next, carefully look in all directions for vehicles, cyclists, and pedestrians. Do not assume anyone else will stop or yield.

Always give way to pedestrians who are already crossing before you proceed.

Communicate clearly with other road users by making eye contact and using your indicators to show your intentions. This reduces confusion and helps prevent accidents.

Only move through the junction when you are sure it is safe and clear. If another vehicle arrives at the same time, use caution and courtesy to decide who should go first, never forcing your way through.

If a police officer or authorised person is directing traffic, follow their instructions at all times, even if they differ from usual rules.

Finally, remain patient and stay alert. Do not give in to pressure from other drivers and always prioritise safety in these unpredictable situations. Most importantly, don’t ignore road signs for your safety. 

5. What are Special Cases and Exceptions When Traffic Lights Are Out of Order?

Certain situations at out-of-order traffic lights require extra caution, as specific road users or circumstances may affect how you should proceed. For example, if an emergency vehicle approaches, you must do everything possible to let it pass safely.

And you should never drive through a red light, even if the lights are stuck. Unless a police officer directs you to do so.

If a police officer or authorised person is present and controlling traffic, follow their instructions. Their instructions take precedence over standard rules and must be followed regardless of the traffic signal.

Temporary traffic lights used at roadworks that have failed should be treated the same as permanent traffic lights. Proceed with extreme caution and check all directions before entering the junction.

When you see flashing amber lights at pedestrian crossings, you must give way to pedestrians. If the crossing is clear, you may proceed carefully.

In every situation, the fundamental rule applies: treat the junction as unmarked and assume no one has priority. And always stay alert for special circumstances that may require you to act differently to ensure safety and comply with legal requirements.

6. What are the Safety Tips for Drivers When Traffic Lights Are Out of Order?

When traffic lights are out of order, safety must be your top priority. Here are essential safety tips for drivers in these situations:

a. Treat the Junction as a Four-Way Stop: Always come to a complete stop at the intersection, even if you don’t see other vehicles approaching. This ensures everyone has a chance to assess the situation and proceed safely.

b. Follow Right-of-Way Rules: The first vehicle to stop at the intersection has the right to go first. If two vehicles arrive at the same time, the vehicle on the right goes first. When turning left, yield to oncoming traffic going straight or turning right.

c. Be Patient and Courteous: Don’t rush. Use hand signals or make eye contact with other drivers to communicate your intentions clearly and avoid confusion.

d. Increase Your Awareness: Look out for pedestrians, cyclists, and other vehicles. Not all drivers may know or follow the rules, so practising defensive driving is crucial.

e. Obey Any Authorised Persons: If a police officer or traffic warden is directing traffic, always follow their instructions, as their guidance overrides standard rules.

7. What are Legal and Insurance Considerations in Such Situations?

If an accident happens at an out-of-order traffic light, responsibility can be shared between multiple parties. This depends on each driver’s actions and the circumstances surrounding the malfunction. Insurance companies will carefully assess who acted safely and who did not. Drivers are expected to treat the intersection as an unmarked junction and proceed with caution.

If a driver fails to yield, drives recklessly, or ignores road rules. They may be found partially or fully liable for the accident, even if the malfunctioning light played a role.

In some cases, liability could extend to local authorities, contractors, or manufacturers if the malfunction was caused by poor maintenance, faulty installation, or defective equipment. However, drivers must be ready to explain and justify their actions at the scene.

Insurers rely on statements, witness accounts, and evidence to decide fault and settle claims. Ultimately, showing that you acted cautiously and followed the Highway Code is essential to protect your legal and insurance position after an accident.

In some situations, especially if the repair costs outweigh the value of the vehicle, drivers may choose to explore options to sell any car through reputable online platforms.

Conclusion: Who Has Priority When Traffic Lights are Out of Order?

No one automatically has priority. When traffic lights stop working, it’s up to you to stay alert, cautious, and considerate. Treat the junction like an unmarked crossroad. Communicate clearly, follow the Highway Code, and proceed only when it’s safe to do so.

For more advice on road safety, driving laws, and smart ways to sell your vehicle, check out our blog today.

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