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Cps v Highways England
cp8759
post Thu, 11 Feb 2021 - 21:50
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Would love to see them prosecute this, unlikely I know but we can hope

https://www.bbc.co.uk/news/uk-england-south...kshire-56030027


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
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post Thu, 11 Feb 2021 - 21:50
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mickR
post Thu, 11 Feb 2021 - 22:47
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Yes so would i.
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TMC Towcester
post Tue, 23 Feb 2021 - 17:04
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I'd love to see HE disbanded and replaced with a competent organisation..................sadly it'll never happen and even if it did the ridiculous TUPE laws means it'd only mean rearranging the deckchairs on the Titanic.

On the specific case though, did the victim move behind the barriers and the car somersaulted the barriers to collide with her? If she stood on the carriageway there potentially contributory negligence at play with HE will use?
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cp8759
post Tue, 23 Feb 2021 - 17:49
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QUOTE (TMC Towcester @ Tue, 23 Feb 2021 - 17:04) *
I'd love to see HE disbanded and replaced with a competent organisation..................sadly it'll never happen and even if it did the ridiculous TUPE laws means it'd only mean rearranging the deckchairs on the Titanic.

On the specific case though, did the victim move behind the barriers and the car somersaulted the barriers to collide with her? If she stood on the carriageway there potentially contributory negligence at play with HE will use?

I don't think contributory negligence is relevant to a criminal case?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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notmeatloaf
post Wed, 24 Feb 2021 - 23:51
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Seeing as the main arguments seem to be

1. Smart motorways are unsafe.
2. Busy roads without hard shoulders are unsafe.

are both pointless arguments it seems unlikely to go anywhere. Adjusted for traffic volume smart motorways are safer than normal motorways. And there are thousands of HE-managed trunk roads without hard shoulders.


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mickR
post Thu, 25 Feb 2021 - 07:53
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QUOTE (notmeatloaf @ Wed, 24 Feb 2021 - 23:51) *
Seeing as the main arguments seem to be

1. Smart motorways are unsafe.
2. Busy roads without hard shoulders are unsafe.

are both pointless arguments it seems unlikely to go anywhere. Adjusted for traffic volume smart motorways are safer than normal motorways. And there are thousands of HE-managed trunk roads without hard shoulders.

Speaking as someone who knows a person killed (one of 3) while broken down on a motoway in a "red X" lane. They woukd not have died if they'd been on a hard shoulder.
I would say youre talking bo!!ox

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The Rookie
post Thu, 25 Feb 2021 - 11:41
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QUOTE (notmeatloaf @ Wed, 24 Feb 2021 - 23:51) *
Seeing as the main arguments seem to be

1. Smart motorways are unsafe.
2. Busy roads without hard shoulders are unsafe.

are both pointless arguments it seems unlikely to go anywhere. Adjusted for traffic volume smart motorways are safer than normal motorways. And there are thousands of HE-managed trunk roads without hard shoulders.

I thought the point the coroner was making was the lack of monitoring and prompt lane closure when the car broke down. A road with fast moving traffic and no 'escape lane' makes that much more critical.


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mickR
post Thu, 25 Feb 2021 - 21:50
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QUOTE (The Rookie @ Thu, 25 Feb 2021 - 11:41) *
QUOTE (notmeatloaf @ Wed, 24 Feb 2021 - 23:51) *
Seeing as the main arguments seem to be

1. Smart motorways are unsafe.
2. Busy roads without hard shoulders are unsafe.

are both pointless arguments it seems unlikely to go anywhere. Adjusted for traffic volume smart motorways are safer than normal motorways. And there are thousands of HE-managed trunk roads without hard shoulders.

I thought the point the coroner was making was the lack of monitoring and prompt lane closure when the car broke down. A road with fast moving traffic and no 'escape lane' makes that much more critical.


One of the cases put forward where people died there was a delay of some 17 minutes between stopping and the warnings being displayed which was after the poor people had been hit!

Breaking down is one problem but when theres a serious accident on an all lanes running motorway it takes just minutes for the traffic to back up and block access by emergency services. No amount of laybys, cameras, radar or anything else will rectify that.
The claim of possible corporate manslaughter should stand agaist those who not only promoted the smart idea but lied to ministers about their safety and what they were going to build.

This post has been edited by mickR: Fri, 26 Feb 2021 - 00:01
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The Rookie
post Fri, 26 Feb 2021 - 08:42
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And the backlash..... "MPs investigate ditching smart motorways"
https://www.bbc.co.uk/news/uk-politics-56198979

This post has been edited by The Rookie: Fri, 26 Feb 2021 - 08:43


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cp8759
post Fri, 26 Feb 2021 - 16:33
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Well let's be honest, the issue isn't smart motorways per-se, rather it's motorways without a hard shoulder. Smart motorways with a hard shoulder would likely be the safest setup.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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mickR
post Fri, 26 Feb 2021 - 18:22
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QUOTE (cp8759 @ Fri, 26 Feb 2021 - 16:33) *
Well let's be honest, the issue isn't smart motorways per-se, rather it's motorways without a hard shoulder. Smart motorways with a hard shoulder would likely be the safest setup.


I have to agree
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The Rookie
post Mon, 1 Mar 2021 - 09:10
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QUOTE (cp8759 @ Fri, 26 Feb 2021 - 16:33) *
Well let's be honest, the issue isn't smart motorways per-se, rather it's motorways without a hard shoulder. Smart motorways with a hard shoulder would likely be the safest setup.

When smart motorways first came in, the hard shoulder was only used as a running lane when speeds were reduced and we didn't see the issues we have now, I think that was viable, the current situation not.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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PPC PCN's
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typefish
post Mon, 1 Mar 2021 - 17:57
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QUOTE (The Rookie @ Mon, 1 Mar 2021 - 09:10) *
QUOTE (cp8759 @ Fri, 26 Feb 2021 - 16:33) *
Well let's be honest, the issue isn't smart motorways per-se, rather it's motorways without a hard shoulder. Smart motorways with a hard shoulder would likely be the safest setup.

When smart motorways first came in, the hard shoulder was only used as a running lane when speeds were reduced and we didn't see the issues we have now, I think that was viable, the current situation not.


What's the difference between a D3 section of the A14 vs a D4 (not D4M) section of a motorway?

Don't get it. Does a blue sign make a road so much more dangerous?
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cp8759
post Mon, 1 Mar 2021 - 23:10
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QUOTE (typefish @ Mon, 1 Mar 2021 - 17:57) *
Don't get it. Does a blue sign make a road so much more dangerous?

Well motorways have higher speed limits for some vehicles, so yes.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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