Warning others of scamera vans |
Warning others of scamera vans |
Thu, 11 Jan 2018 - 17:16
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#1
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New Member Group: Members Posts: 1 Joined: 11 Jan 2018 Member No.: 95,911 |
I've recently had it bought to my attention that the police are looking to prosecute people flashing lights to warn of a camera, after an (limited) amount of research I've found this has already been done several times in the past.
(please correct me if im wrong) but it seems breaking the highway code 110 and 111 can be used as evidence but it isn't enough for a conviction The conviction comes from obstructing a constable however in the vans there's never a constable on site, they're always council workers so how can you be obstructing a constable? Just to point out I'm in no way for this practice, as someone flashing their lights at me for seemingly no reason, that is until you can see the camera yourself just seems pointless and annoying. |
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Thu, 11 Jan 2018 - 17:16
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Thu, 11 Jan 2018 - 17:34
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
it seems breaking the highway code 110 and 111 can be used as evidence but it isn't enough for a conviction The Highway Code will have nothing to do with being convicted. -------------------- |
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Thu, 11 Jan 2018 - 17:55
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#3
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Pretty sure a search would get you the answer you’re looking for.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Thu, 11 Jan 2018 - 23:07
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#4
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Member Group: Members Posts: 10,460 Joined: 8 Sep 2008 Member No.: 22,424 |
I'm pretty sure its not a council worker in the vans up here... possibly a civilian member of police staff but nothing to do with the council.
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Fri, 12 Jan 2018 - 19:17
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#5
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I've recently had it bought to my attention that the police are looking to prosecute people flashing lights to warn of a camera, after an (limited) amount of research I've found this has already been done several times in the past. (please correct me if im wrong) but it seems breaking the highway code 110 and 111 can be used as evidence but it isn't enough for a conviction Absent a confession, how are the police going to prove that the accused flashed his lights with the intention of warning others of the presence of the police? -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 12 Jan 2018 - 21:35
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#6
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Member Group: Members Posts: 298 Joined: 6 Jan 2013 Member No.: 59,192 |
I've recently had it bought to my attention that the police are looking to prosecute people flashing lights to warn of a camera, after an (limited) amount of research I've found this has already been done several times in the past. (please correct me if im wrong) but it seems breaking the highway code 110 and 111 can be used as evidence but it isn't enough for a conviction Absent a confession, how are the police going to prove that the accused flashed his lights with the intention of warning others of the presence of the police? Sorry officer, i just knocked the stalk Sorry officer, I was driving a old isuzu yesterday and the windscreen wipers were the other side Sorry officer, I just knocked them while indicating to change lanes..... |
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Fri, 12 Jan 2018 - 22:17
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#7
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Member Group: Members Posts: 546 Joined: 31 Aug 2015 From: 19 Riverbank Member No.: 79,151 |
I've recently had it bought to my attention that the police are looking to prosecute people flashing lights to warn of a camera, after an (limited) amount of research I've found this has already been done several times in the past. (please correct me if im wrong) but it seems breaking the highway code 110 and 111 can be used as evidence but it isn't enough for a conviction Absent a confession, how are the police going to prove that the accused flashed his lights with the intention of warning others of the presence of the police? And the prosecutor would have to prove that the ‘flasher’ did flash his headlights at the place and time the motorists flashed did speed or were likely to, as there’s no known criminal offence of attempting to obstruct the police in the execution of their duty according to the existing authority, if I have that correct. http://www.bailii.org/ew/cases/EWHC/Admin/2005/2333.html -------------------- I do tend to have a bee in my bonnet re failing to consider and fairness
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Fri, 12 Jan 2018 - 22:58
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#8
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
And the prosecutor would have to prove that the ‘flasher’ did flash his headlights at the place and time the motorists flashed did speed or were likely to, as there’s no known criminal offence of attempting to obstruct the police in the execution of their duty according to the existing authority, if I have that correct. http://www.bailii.org/ew/cases/EWHC/Admin/2005/2333.html If memory serves you can’t attempt to commit a non-indictable offence as s 1 of the Criminal Attempts Act 1981 only applies to indictable offences. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 12 Jan 2018 - 23:17
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#9
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Member Group: Members Posts: 546 Joined: 31 Aug 2015 From: 19 Riverbank Member No.: 79,151 |
And the prosecutor would have to prove that the ‘flasher’ did flash his headlights at the place and time the motorists flashed did speed or were likely to, as there’s no known criminal offence of attempting to obstruct the police in the execution of their duty according to the existing authority, if I have that correct. http://www.bailii.org/ew/cases/EWHC/Admin/2005/2333.html If memory serves you can’t attempt to commit a non-indictable offence as s 1 of the Criminal Attempts Act 1981 only applies to indictable offences. Thank you for the source of the source, S1(4) I believe (having looked it up). -------------------- I do tend to have a bee in my bonnet re failing to consider and fairness
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Mon, 15 Jan 2018 - 17:55
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#10
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Member Group: Members Posts: 882 Joined: 7 Nov 2004 Member No.: 1,847 |
Sorry officer, i just knocked the stalk Sorry officer, I was driving a old isuzu yesterday and the windscreen wipers were the other side Sorry officer, I just knocked them while indicating to change lanes..... What is wrong with a simple "Sorry officer, I was merely alerting other road users to my presence, in accordance with Highway Code Rule 110, as I thought that they might not have seen me, and may in fact have been about to stray into my lane"? Flashing headlights has no other meaning..... |
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Mon, 15 Jan 2018 - 18:01
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#11
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
One flash is a ‘thank you’ and two is a ‘go on then’. Everyone knows that...
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Mon, 15 Jan 2018 - 18:37
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#12
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Member Group: Members Posts: 425 Joined: 4 Aug 2014 From: In the beautiful Chilterns Member No.: 72,309 |
Speeding's a crime isn't it?
Isn't flashing your headlights and encouraging other drivers to slow down crime prevention? I seem to remember we used to have bobbies who's job was crime prevention. Strange old world, being prosecuted for preventing crime. -------------------- Speed does not kill. It's more to do with how you stop.
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Mon, 15 Jan 2018 - 22:51
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#13
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Member Group: Members Posts: 28,931 Joined: 29 Nov 2005 Member No.: 4,323 |
when this was tried previously didn't the prosecution fail as they could not prove that the drivers being flashed were exceeding the speed limit at the time they were flashed.
-------------------- Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.
Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader. |
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Mon, 15 Jan 2018 - 23:20
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#14
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Shouldn't the guys who install speed camera signs be prosecuted
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Tue, 16 Jan 2018 - 09:11
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#15
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Member Group: Members Posts: 1,333 Joined: 28 Mar 2014 From: Corby Member No.: 69,758 |
One flash is a ‘thank you’ and two is a ‘go on then’. Everyone knows that... In my flash book I also have the four flashes, which is basically "slow down right now otherwise you will go into the back of a stationary ambulance or into a deep puddle that is around a blind bend" Still can't understand why it's generally illegal to "misuse" lights to show the presence of speed enforcement - especially with there being at least one death directly related to the presence of a camera van. |
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Tue, 16 Jan 2018 - 10:06
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#16
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Member Group: Members Posts: 7,235 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
Are you refering to the unfortunate motor cyclist?
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Tue, 16 Jan 2018 - 10:26
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#17
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Member Group: Members Posts: 1,333 Joined: 28 Mar 2014 From: Corby Member No.: 69,758 |
Unfortunately so.
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