"wanton or furious driving", |
"wanton or furious driving", |
Thu, 17 Aug 2017 - 18:06
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#1
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Member Group: Members Posts: 4,337 Joined: 4 Jan 2007 Member No.: 9,897 |
nice to see laws dating back to 1861 being used
guy on a "racing" push bike mows a woman down , bike has not or never was fitted with a front brake , , in court "He told the court he had had no idea there was a legal requirement for his bike to have a front brake." sigh , The court heard that Brunelle is a stunt cyclist who makes videos in which he rides around cities including London "doing dangerous stuff" such as weaving in and out of traffic. http://www.bbc.co.uk/news/uk-england-london-40960346 |
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Thu, 17 Aug 2017 - 18:06
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Advertise here! |
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Thu, 21 Sep 2017 - 07:37
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#41
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
An alternative view from a QC Convincingly argued by a QC as you'd expect, albeit one who self-describes as: QUOTE Martin Porter QC is a personal injury lawyer and cycling advocate. This is an edited version of a post from his blog, The Cycling Lawyer. ...and already linked to in post #30. It was a witch hunt against a cyclist for a minor infraction that had had tragic consequences. There are plenty who disagree with every part of that, except for it having tragic consequences. -------------------- Regards,
Fredd __________________________________________________________________________
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Thu, 21 Sep 2017 - 10:24
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#42
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
And the Secret Barristers viewpoint https://thesecretbarrister.com/2017/09/20/s...h-on-the-roads/ (admittedly based of Porter's reveiw)
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 21 Sep 2017 - 11:35
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#43
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
An alternative view from a QC Alliston prosecution It was a witch hunt against a cyclist for a minor infraction that had had tragic consequences. QUOTE Motorist would not have landed cyclist's 'wanton and furious driving' charge I've read it through and while I can understand the arguments put forward, maybe even agree with some, I fail on the headline above. Absolutely correct, a motorist would not have been charged with wanton and furious. Because other charges are available is the simplistic but taking the implication that a motorist would not have been charged.... If a pedestrian had died as a result of a collision with a car and it turned out that the brakes had been disabled/removed/tampered with/not working properly, the motorist would have had the book thrown at them. |
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Thu, 21 Sep 2017 - 11:39
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#44
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
And the Secret Barristers viewpoint https://thesecretbarrister.com/2017/09/20/s...h-on-the-roads/ (admittedly based of Porter's reveiw) That was a good read. -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Thu, 21 Sep 2017 - 11:44
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#45
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Member Group: Members Posts: 3,816 Joined: 20 Dec 2008 Member No.: 24,962 |
HMG are considering new Laws for cyclists.
Whilst a pedal cycle is not an MV it is classified as a 'carriage'. Also there has been an increase in 'battery-assisted' bikes so speeds can often exceed 10mph. So what new Laws should be applicable to cyclists? Bike must be 'roadworthy' (MOT)? Causing death of another road user? Inconsiderate driving/riding? Compulsory Insurance? Cycling Prof Test for any cyclist >10 yo |
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Thu, 21 Sep 2017 - 14:45
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#46
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Whilst a pedal cycle is not an MV it is classified as a 'carriage'. Also there has been an increase in 'battery-assisted' bikes so speeds can often exceed 10mph. E-bikes are limited to 25kph, I can comfortably exceed that as an average speed without a battery and motor, so no change there then really! I'm wondering if similar offences will be created for pedestrians who injure other road users by steeping off the kerb without looking? -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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