Driving Standards

[bimble]

A question is how much do you care and how much would you be willing to spend to keep the motor looking nice.

about £8.99 i think, for the moment.

 

[High Voltage]

He was fined because he didn't take the simple / cheap option originally presented to him

 

[srb7677]

The law hasn't changed. He was fined because the way he drove fell below what would be expected of a competent and careful driver. You might think that such expectations align perfectly with the advice published in the Highway Code, but case law over the years clearly demonstrates that not to be the case.

Regard close passing the HC has long stated "give motorcyclists, cyclists and horse riders and horse drawn vehicles at least as much room as you would when overtaking a car". What has been added is "As a guide ... leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and give them more space when overtaking at higher speeds"

So.. advice has been updated with a specified distance as a guide. None of that is mandatory - as I said, there will be plenty of situations where a pass closer than the one this man was fined for would not have been prosecuted.

Giving at least as much room as you would when overtaking a car appears to be a rule, ie mandatory. The actual distances have been added as a guide.

That seems clear enough to me, and it is likely than in any prosecution where a not guilty plea is entered that the guide distance will be taken into account as a reasonable benchmark.

 

[alex_]

It doesn't mandate anything of the sort, it merely advises. If it did mandate then the situation would be clearer and easier to understand, but then there would be less flexibility

It's not the law, the law is "without due care and attention, or without reasonable consideration for other persons using the road or place" which is about as clear as mud. I'm sure there are lots of situations where a pass such as this would not have been prosecuted.

The bbc article says

“ Motorists must now leave a 1.5m (5ft) gap when overtaking cyclists, as well as slowing down. The gap must be 2m (6.5ft) when passing pedestrians or horse riders.”

 

[platinumsage]

Giving at least as much room as you would when overtaking a car appears to be a rule, ie mandatory. The actual distances have been added as a guide.

Nothing in the Highway Code is mandatory unless it is also an actual law.

The actual law in this case is Section 3 & 3A of the Road Traffic Act 1988

If in a particular situation a careful and competent driver would have overtaken a cyclist leaving a gap of 30cm, then no law is broken by a motorist overtaking with that gap.

 

[platinumsage]

The bbc article says

“ Motorists must now leave a 1.5m (5ft) gap when overtaking cyclists, as well as slowing down. The gap must be 2m (6.5ft) when passing pedestrians or horse riders.”

That's bollocks - the 1.5m gap is a guideline accompanying some advice. There's no "must" about it.

 

[marty21]

He was fined because he didn't take the simple / cheap option originally presented to him

that's how I see it - he could have paid the fine, or gone on an awareness course , but decided to ignore everything until he was in court for ignoring everything.

 

[platinumsage]

that's how I see it - he could have paid the fine, or gone on an awareness course , but decided to ignore everything until he was in court for ignoring everything.

He said he might appeal, so I don’t think he ignored things, more like he felt he wanted justice and to be acquitted.

 

[Ax^]

ok without getting to much as cyclist don't annoy me on the road but was going home last night on a two lane road that is normally quite fast 40 mph speed limit and this fella in a bike thought the outside lane was a good idea


pulled to the inside and got ahead of fella
some people just have a bit of a death wish

 

[marty21]

He said he might appeal, so I don’t think he ignored things, more like he felt he wanted justice and to be acquitted.

That rarely ends well with traffic offences , unless you have some expert lawyer who specialises in this sort of thing. He could have paid £100 or so spent 3 hours on a course , instead he will have to pay not far short of £5k .

 

[sleaterkinney]

That's bollocks - the 1.5m gap is a guideline accompanying some advice. There's no "must" about it.

How come he got a fine then?.

The problem is twats just squeezing past, which happens way too much - they have no idea what a safe distance is and it's too much of a dent to their ego to be behind someone.

 

[sleaterkinney]

Nothing in the Highway Code is mandatory unless it is also an actual law.

The actual law in this case is Section 3 & 3A of the Road Traffic Act 1988

If in a particular situation a careful and competent driver would have overtaken a cyclist leaving a gap of 30cm, then no law is broken by a motorist overtaking with that gap.

Where has this 30cm come from?.

 

[hash tag]

how desperate was Elpenor to move in?

 

[Bahnhof Strasse]

Whoopsiedaisy


Tcut / gaffer tape. Sorted.

 

[alex_]

how desperate was Elpenor to move in?

View attachment 329855

Isn’t it one of those new vw electric things ?

 

[Teaboy]

Isn’t it one of those new vw electric things ?

Yes, its an ID3. It looks like a really shit low spec version though so likely an insurance job.

 

[T & P]

VW have really dropped the ball by launching the ID3 & ID4 as the electric replacements of the Polo and Golf. The electric version of the latter is brilliant imo. Give it to me over an ID4 any day of the week design-wise.

 

[BigTom]

Motoring Offences Sentencing Guidelines Consultation - Ministry of Justice - Citizen Space

Find and participate in consultations relating to the duties of the Ministry of Justice.

consult.justice.gov.uk

consultation on motoring offences sentencing guidelines.

 

[hash tag]

"The maximum penalty for causing death by driving whilst disqualified was raised from 2 years to 10 years’ imprisonment in 2015"

This certainly needs revising, if nothing else.

 

[BigTom]

Nothing in the Highway Code is mandatory unless it is also an actual law.

The actual law in this case is Section 3 & 3A of the Road Traffic Act 1988

If in a particular situation a careful and competent driver would have overtaken a cyclist leaving a gap of 30cm, then no law is broken by a motorist overtaking with that gap.

Whilst this is correct, the highway code now very strongly suggests that to leave less than 1.5m at 30mph or less would always be considered to be an action below the standard expected of a competent driver.

 

[BigTom]

"The maximum penalty for causing death by driving whilst disqualified was raised from 2 years to 10 years’ imprisonment in 2015"

This certainly needs revising, if nothing else.

It should be the same as manslaughter.

 

[Bahnhof Strasse]

"The maximum penalty for causing death by driving whilst disqualified was raised from 2 years to 10 years’ imprisonment in 2015"

This certainly needs revising, if nothing else.

Can’t imagine this offence can happen in isolation though, so would always be concurrent with another sentence.

 

[Bahnhof Strasse]

And it doesn’t seem there’s anything there to make dangerous driving easier to prove, this standard falling well below nonsense is a legal minefield in which the CPS fear to tread. Cycling U.K.’s idea of any action that would be an immediate fail in a driving test is much more simple and clear.

 

[hash tag]

My instructor told me if I touched the kerb while reversing around a corner or while doing a 3 point turn it would be classed as dangerous driving and it would be an immediate fail. How Times change.

 

[T & P]

Jamie Wallis: MP found guilty of driving offences

The Conservative MP has been fined £2,500 and disqualified for driving for six months.

www.bbc.co.uk

£2,500 fine and a six-month disqualification, which might seem a bit steep at first sight with regard to the particular incident. So I wonder if the judge might suspect he was tripping balls at the time or otherwise tired and emotional and did a runner to avoid being done for driving under the influence...

 

[hash tag]

Interesting and difficult to see how cyclists can object Cyclists who kill pedestrians could face tougher sentences

 

[platinumsage]

Interesting and difficult to see how cyclists can object Cyclists who kill pedestrians could face tougher sentences

On the face of it, no. What would count as dangerous? Not wearing hi-viz, cycling at more than 12 mph?

 

[SpookyFrank]

Interesting and difficult to see how cyclists can object Cyclists who kill pedestrians could face tougher sentences

I don't object, because it's a complete irrelevance given the rarity of these cases. The recent high-profile one was the woman who stepped out into the road without looking. No motorist would ever be convicted of killing someone who stepped into the road without looking. You can even mount the pavement, kill a small child and not get convicted.

 

[dessiato]

I never thought I’d say this, I’d welcome the police doing speed checks through the village. The limit is 20, but there’s very few who come through at less than thirty. There was an accident yesterday due to speeding, luckily it was only cars that were damaged. Sooner or later the blind woman, a child, or indeed anyone, is going to be hurt. If the police actually policed the situation we might have fewer problems.

I don’t understand how people cannot drive within the law, and within the limits of the conditions. (I know I’ve driven well above the speed limits, some here will welcome the opportunity to call me names over it again, but I’ve grown up, and I’ve had extensive training in fast driving.)

 

[platinumsage]

Perhaps all those people driving through your village at 30mph have had extensive training in fast driving too.