Bavarian-Board.co.uk - BMW Owners Discussion Forum Homepage
Forum Home Forum Home > General Forums > General Off Topic Forum
  New Posts New Posts RSS Feed - It’s all about safety!
  FAQ FAQ  Forum Search   Register Register  Login Login

Forum LockedIt’s all about safety!

 Post Reply Post Reply Page  <12345 9>
Author
Message Reverse Sort Order
livvy View Drop Down
Really Senior Member II
Really Senior Member II


Joined: 12-November-2005
Status: Offline
Points: 745
Direct Link To This Post Posted: 05-January-2006 at 12:22
Originally posted by Peter Fenwick Peter Fenwick wrote:

Well if that is the case then the law should be changed as it is set up to alienate law abiding citizens who do what is only human i.e make a mistake. Either that or the Police need to start using a bit more discresion.


Her mistake didn't have potentially fatal consequences or could have resulted in injury to others through her criminal negligence. In a car that is easy to do if you don't treat driving with the respect it deserves/requires. Driving is a double edged sword. It's both an enjoybale privilege & a necessary burden in our lives. One with the power to inflict great danger/injury on others & with that comes great responsibility. If you commit the offence of without due care your actions are unlawful (not law abiding). People pooh pooh all kinds of prosecutions for what they regard as minor infringements, eating whilst driving, on the phone, looking at a map, but they distract the driver & drivers should be concentrating on their driving, not taking it for granted. People trivialise it, saying it's only a driving offence, it's not a crime, but it is. The day it's not, anarchy will truely reign on our roads.

This comes back to why we have speed limits & they are enforced, because people make mistakes through lack of care & the lower speed gives them more time to correct them & hopefully not compound events by also having collisions. You want it both ways, to be able to decide what is a safe speed & not be restricted by limits, whilst safety mistakes you make are not your fault because lots of others make those mistakes too.

Driving offences are crimes.
They are not recordable crimes in the main (i.e. no criminal record) but they are still crimes.
Drink drive , disqualified driving etc are recordable crimes & will result in a criminal record.

The very near future with the Road safety Bill means changes including:-
* doubling of the maximum fine for without due care.
* making driving without proper control & handheld mobile use endorseable offences.
* mandatory disqualification of 6 months for a 2nd offence of dangerous condition within 3 years.
* a new offence of bad driving where death results. (to address people's concerns of where drivers just making a "mistake" kill others & say but I didn't mean it.)



Edited by livvy
My views expressed are just that.
Mine & mine alone.
Back to Top
Sponsored Links


Back to Top
Peter Fenwick View Drop Down
Bavarian-Board Contributor
Bavarian-Board Contributor
Avatar

Joined: 27-August-2003
Location: Lost somewhere in time...
Status: Offline
Points: 6484
Direct Link To This Post Posted: 05-January-2006 at 12:14
Well if that is the case then the law should be changed as it is set up to alienate law abiding citizens who do what is only human i.e make a mistake. Either that or the Police need to start using a bit more discresion.
Entering an age of Austerity and now driving a Focus Diesel.
Back to Top
livvy View Drop Down
Really Senior Member II
Really Senior Member II


Joined: 12-November-2005
Status: Offline
Points: 745
Direct Link To This Post Posted: 05-January-2006 at 12:06
Originally posted by Peter Fenwick Peter Fenwick wrote:

Ok then livvy, here's a hypothetical for you.

A mother is in a shop with two young kids in tow. She has a small item in her hand which she intends to purchase and her purse in the other. While heading in the direction of the checkout one of her children trips, so in order to deal with this the item and purse end up in one hand. Child then has a tantrum and mother without thinking puts both her purse and the item she intended to purchase in her handbag as she deals with the child. As the tantrum gets worse the mother decides to leave the shop to deal with it. On leaving the shop she is picked up by a store detective for shoplifting. She is absolutely mortified and embarassed that this happened and imediately offers to pay for the item. You could call it 'shopping without due care and attention'. Should she be prosecuted?



There is no offence of shoplifting without due care & attention.

No she can't be prosecuted because there is no offence. There was no intent to permanently deprive & no dishonesty, which are both requirements to prove the offence of theft.

Intent is not required in without due care.


Edited by livvy
My views expressed are just that.
Mine & mine alone.
Back to Top
Peter Fenwick View Drop Down
Bavarian-Board Contributor
Bavarian-Board Contributor
Avatar

Joined: 27-August-2003
Location: Lost somewhere in time...
Status: Offline
Points: 6484
Direct Link To This Post Posted: 05-January-2006 at 11:58

Ok then livvy, here's a hypothetical for you.

A mother is in a shop with two young kids in tow. She has a small item in her hand which she intends to purchase and her purse in the other. While heading in the direction of the checkout one of her children trips, so in order to deal with this the item and purse end up in one hand. Child then has a tantrum and mother without thinking puts both her purse and the item she intended to purchase in her handbag as she deals with the child. As the tantrum gets worse the mother decides to leave the shop to deal with it. On leaving the shop she is picked up by a store detective for shoplifting. She is absolutely mortified and embarassed that this happened and imediately offers to pay for the item. You could call it 'shopping without due care and attention'. Should she be prosecuted?

Entering an age of Austerity and now driving a Focus Diesel.
Back to Top
livvy View Drop Down
Really Senior Member II
Really Senior Member II


Joined: 12-November-2005
Status: Offline
Points: 745
Direct Link To This Post Posted: 05-January-2006 at 11:18
Originally posted by Peter Fenwick Peter Fenwick wrote:

Originally posted by livvy livvy wrote:


Police officers don't expect you to love them and they shouldn't shy away from doing what is necessary to try & court that. If they worried about it upsetting people then they wouldn't prosecute anyone because I can't believe anyone enjoys being prosecuted.

This is true, but in order to do their job well they need to effectively manage and maintain a good relationship with the general public. To penalise an otherwise law abiding citizen for making an honest mistake (assuming he was in the wrong for the initial move) is IMO detremental to this relationship with the genral public and not worth it. The kind of petty things people are done for these days is stupid. I was talking to a bloke the other day who noticed one of his healights was out. It was dark and he was not near home or a shop which sold a replacement bulb. So he decided to put his front front spot lights on while he drove to Halfords. He reasoned that while not ideal this would at least make him visible to other motorists. Anyway he got pulled over and given a fixed penalty notice. This man has never been in trouble before and until this point was on the side of the police. Now he isn't. He made an honest mistake. I would proabably have done the same thing. I know all this 'ignorance is no excuse' stuff but come on!! What is more important, keeping the public on your side by exercising a little bit of comon sense or following the rule book to the letter.

Originally posted by livvy livvy wrote:


If acts that potentially can cause a collision aren't prosecuted, what are your criteria ?

It would depend on the circumstances. Was the act done out of recklessness or dangerous driving, has the driver got a string of motoring convictions. If yes then sure he should be prosecuted. Was it an honest mistake which any of us could make, then prosecution will serve no purpose except to alienate the Police.

If it was done out of recklessness/dangerous then they wouldn't be done for without due care, they would be done for the seperate offence of reckless/dangerous driving. Without due care is a lesser offence where there isn't recklessness. The standard of driving only has to drop below that expected of a reasonable driver, not seriously drop below it as is required for dangerous driving. The acid test for without due care could be said to be "if you did it on your driving test could you potentially fail the driving test for that action ?"

As I said prosecuting anyone is likely to alienate them, (particularly where they are not big enough to take responsibility for their actions (which is all too common with drivers today)). That is not the reason to not prosecute though, nobody thanks the Police for prosecuting them & if the Police took that consideration alone they'd never prosecute anyone.

If you commit offences you should expect prosecution to follow where it is detected, not expect a warning because you are generally a good sort (like the Police officer will know that from stopping you anyway, after all they are not allowed to operate from prejudices or on pre-conceived stereo types). You should see a warning as a bonus, not expect it by right, that way you won't get upset.






Edited by livvy
My views expressed are just that.
Mine & mine alone.
Back to Top
Peter Fenwick View Drop Down
Bavarian-Board Contributor
Bavarian-Board Contributor
Avatar

Joined: 27-August-2003
Location: Lost somewhere in time...
Status: Offline
Points: 6484
Direct Link To This Post Posted: 05-January-2006 at 05:14

Originally posted by livvy livvy wrote:



Some motorists are becoming like unruly youths that hang around on street corners, believing they are untouchable, because they ahve got away with so much for so long.

But in the incident we are discussing this isn't the case is it. Rhys wasn't tearing around like a baseball cap wearing job was he?

Also the more I think about the incident the more it sounds less like a clean cut case of him being totally in the wrong. If he actually started to enter the carridgeway before the other vehicle started to move then surely he had right of way?

Originally posted by livvy livvy wrote:


Police officers don't expect you to love them and they shouldn't shy away from doing what is necessary to try & court that. If they worried about it upsetting people then they wouldn't prosecute anyone because I can't believe anyone enjoys being prosecuted.

This is true, but in order to do their job well they need to effectively manage and maintain a good relationship with the general public. To penalise an otherwise law abiding citizen for making an honest mistake (assuming he was in the wrong for the initial move) is IMO detremental to this relationship with the genral public and not worth it. The kind of petty things people are done for these days is stupid. I was talking to a bloke the other day who noticed one of his healights was out. It was dark and he was not near home or a shop which sold a replacement bulb. So he decided to put his front front spot lights on while he drove to Halfords. He reasoned that while not ideal this would at least make him visible to other motorists. Anyway he got pulled over and given a fixed penalty notice. This man has never been in trouble before and until this point was on the side of the police. Now he isn't. He made an honest mistake. I would proabably have done the same thing. I know all this 'ignorance is no excuse' stuff but come on!! What is more important, keeping the public on your side by exercising a little bit of comon sense or following the rule book to the letter.

Originally posted by livvy livvy wrote:


If acts that potentially can cause a collision aren't prosecuted, what are your criteria ?

It would depend on the circumstances. Was the act done out of recklessness or dangerous driving, has the driver got a string of motoring convictions. If yes then sure he should be prosecuted. Was it an honest mistake which any of us could make, then prosecution will serve no purpose except to alienate the Police.

Originally posted by livvy livvy wrote:



We have laws for good reason & it is the duty of the Police to uphold them without fear or favour.



Very true but again if the Police start to alienate the law abiding public by penalising honest mistakes then the negative effect it will have on the abillity of the Police to do their job will far outweigh the positives of another conviction.

 

 

Entering an age of Austerity and now driving a Focus Diesel.
Back to Top
Nigel View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 09-November-2002
Status: Offline
Points: 6941
Direct Link To This Post Posted: 04-January-2006 at 18:59

They haven't had one for years here spokey, but they did have them at one time.

Bikesafe....a met chap was having terrible with bikesafe, have the problems been resolved ?

West mercia........"why do you expect the police to be involved" ? etc etc etc

And I'm afraid I think Livvy is correct, as it becomes more civvy operated, it will get worse !

Best Wishes

Nigel

Back to Top
spokey View Drop Down
Bavarian-Board Contributor
Bavarian-Board Contributor
Avatar
Offensive and obnoxious tub of lard

Joined: 02-March-2004
Location: United Kingdom
Status: Offline
Points: 1948
Direct Link To This Post Posted: 04-January-2006 at 18:53
The police have open days?????
Ciao,
Spokey

Back to Top
livvy View Drop Down
Really Senior Member II
Really Senior Member II


Joined: 12-November-2005
Status: Offline
Points: 745
Direct Link To This Post Posted: 04-January-2006 at 18:49
Originally posted by Nigel Nigel wrote:

The only thing that has changed with the police is they have become far too faceless, the government has removed their budgets to help people, so all the public see now is nick nick nick, most of the open days, advice, unofficial training etc has all gone.


So what are initiatives like bikesafe then ?

There have been open days at my local Police training centres for groups. Obviously reduction in traffic Police numbers means that there are fewer to deal with community open days & advice events.

I think that if it continues down the road of civilianisation of traffic enforcement that will only get worse & penalty notices will increase further still.


Edited by livvy
My views expressed are just that.
Mine & mine alone.
Back to Top
Nigel View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 09-November-2002
Status: Offline
Points: 6941
Direct Link To This Post Posted: 04-January-2006 at 18:36

Rhys : I know you, although I haven't had chance to assess your driving yet, I'm sure you did what you thought was best at the time, I can't comment on that incident, as I didn't see it, let me/us know what you think once you've completed your advanced training.

Livvy : The enforcement of motoring offences is getting somewhat silly ( in my opinion, as you know).

This isn't actually helping with peoples attitude to road safety, I would say that the scamera partnerships have made my job of promoting it harder .

As is normal in this country, the reaction of the authorities in their noble quest of reducing road casuaties has been way over the top.

In my opinion, the role and enforcement tactics of the police doesn't seem to have changed much, if at all, its the dam civvy's.

The only thing that has changed with the police is they have become far too faceless, the government has removed their budgets to help people, so all the public see now is nick nick nick, most of the open days, advice, unofficial training etc has all gone.

Best Wishes

Nigel

Back to Top
livvy View Drop Down
Really Senior Member II
Really Senior Member II


Joined: 12-November-2005
Status: Offline
Points: 745
Direct Link To This Post Posted: 04-January-2006 at 18:23
Originally posted by Nigel Nigel wrote:

Originally posted by livvy livvy wrote:

Originally posted by Nigel Nigel wrote:

Just for the record, I disagree with Livvy on this one.

There are far too many procesutions for trivial motoring offences, the treatment of motoring crimes is way out of step with everything else that happens within our society....in my opinion this is because attacking the motorist is far too easy !



What's a trivial offence ?

Anything I don't want to be nicked for

When I was nicked for speeding it was trivial and pointless, and just served to turn me completely against scamera partnerships, the points didn't even cost me a penny in insurance terms etc !



But that's just it, everyone regards their incidence of getting "nicked" as triviality & then says why aren't the Police doing something about ......(insert another motoring offence).
My views expressed are just that.
Mine & mine alone.
Back to Top
Rhys View Drop Down
Moderator Group
Moderator Group
Avatar
Coffee addict...

Joined: 02-February-2003
Location: from the Latin locātiō
Status: Offline
Points: 10053
Direct Link To This Post Posted: 04-January-2006 at 18:20
Nigel, the situation where I had to drive deffensivly after coming onto the carriageway - was when the other lorry decided to pull accross - after I joined the motorway. I had been kindly let on by artic #1, and I was traveling at a similar speed to the artic #1 (with safe space between us). Artic #2 overtook artic #1 and I expected he would overtake me as well - apparently not, he decided I wasn't there.. This situation can happen to anyone - and how you deal with it isn't learnt from people on forums. No one asks how to deal with a situation like this as I expect no-one expects to be in this situation - you improvise and damn quickly! The hard shoulder was available - no one using it (parked vehicles - slip roads etc) so I used it. There was nothing in front of artic #2, instant option - accelarate as you can see what is in front.. If you brake you run the risk of someone swerving into you or swerving yourself.. When you are sitting in a rather warm seat, tell me how it feels.

Edited by Rhys
V reg Rustbucket Merc C220 Cdi estate
J Reg Saab 900i 16v
'63 Ford Anglia 105e deluxe
R reg Honda PC50 moped..

No BMW as yet...
Back to Top
Nigel View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 09-November-2002
Status: Offline
Points: 6941
Direct Link To This Post Posted: 04-January-2006 at 18:15
Originally posted by livvy livvy wrote:

Originally posted by Nigel Nigel wrote:

Just for the record, I disagree with Livvy on this one.

There are far too many procesutions for trivial motoring offences, the treatment of motoring crimes is way out of step with everything else that happens within our society....in my opinion this is because attacking the motorist is far too easy !



What's a trivial offence ?

Anything I don't want to be nicked for

When I was nicked for speeding it was trivial and pointless, and just served to turn me completely against scamera partnerships, the points didn't even cost me a penny in insurance terms etc !

Best Wishes

Nigel

Back to Top
livvy View Drop Down
Really Senior Member II
Really Senior Member II


Joined: 12-November-2005
Status: Offline
Points: 745
Direct Link To This Post Posted: 04-January-2006 at 18:05
Originally posted by Nigel Nigel wrote:

Just for the record, I disagree with Livvy on this one.

There are far too many procesutions for trivial motoring offences, the treatment of motoring crimes is way out of step with everything else that happens within our society....in my opinion this is because attacking the motorist is far too easy !



What's a trivial offence ?

My views expressed are just that.
Mine & mine alone.
Back to Top
thepits View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 09-July-2003
Location: far far away
Status: Offline
Points: 10000473
Direct Link To This Post Posted: 04-January-2006 at 18:05
Persecution not prosecution - eh Nigel?
Cats know your every thought.

But don't care.
Back to Top
Nigel View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 09-November-2002
Status: Offline
Points: 6941
Direct Link To This Post Posted: 04-January-2006 at 18:03

Just for the record, I disagree with Livvy on this one.

There are far too many procesutions for trivial motoring offences, the treatment of motoring crimes is way out of step with everything else that happens within our society....in my opinion this is because attacking the motorist is far too easy !

Best Wishes

Nigel

Back to Top
livvy View Drop Down
Really Senior Member II
Really Senior Member II


Joined: 12-November-2005
Status: Offline
Points: 745
Direct Link To This Post Posted: 04-January-2006 at 17:46
Originally posted by Peter Fenwick Peter Fenwick wrote:

The fact that a prosecution for something like this would even be a consideration is precisely why a lot of members of the general public are losing faith in the Police. So long as this kind of thing happens it will just continue to drive a wedge between the man on the street and the Police force.

Explain this to me. How does prosecution in a case like this actually improve road safety? The driver knows he has done wrong since he has had a close shave. An officer talking to him will help him not get in a situation like that again. So why the punishment? It serves no purpose other than to anoy another driver and help to alienate the Police.



I disagree warnings are toothless.
Blah blah will be the attitude of motorists & it is, as the standard of driving out there shows.
It's precisely because people aren't prosecuted enough that we are in the state we are in. People think they can get away with anything without the fear of prosecution, because so few are prosecuted. They know numbers are on their side & the chances of being caught by a Police officer are slim. They don't like cameras because they are very good at catching lots of offenders who don't heed the warnings.

Some motorists are becoming like unruly youths that hang around on street corners, believing they are untouchable, because they ahve got away with so much for so long.

Police officers don't expect you to love them and they shouldn't shy away from doing what is necessary to try & court that. If they worried about it upsetting people then they wouldn't prosecute anyone because I can't believe anyone enjoys being prosecuted.

If acts that potentially can cause a collision aren't prosecuted, what are your criteria ?

In this case the explaination may help him not get into that situation again, but the prosecution will re-enforce that message & add weight to it.
We have laws for good reason & it is the duty of the Police to uphold them without fear or favour.





Edited by livvy
My views expressed are just that.
Mine & mine alone.
Back to Top
Peter Fenwick View Drop Down
Bavarian-Board Contributor
Bavarian-Board Contributor
Avatar

Joined: 27-August-2003
Location: Lost somewhere in time...
Status: Offline
Points: 6484
Direct Link To This Post Posted: 04-January-2006 at 17:41

Originally posted by livvy livvy wrote:

What I would actually expect to happen in such circumstances is that yes he would be spoken to & advised of the error of his ways, but he would also be prosecuted for without due care. I do agree that it would be unlikley that he would get prosecuted for a speeding offence. But the offence has been committed never the less. Speeding to cover for your mistakes is not a valid defence (that is the point I am making), it won't stop you being convicted if it does go to court. Whilst it may be considered OTT for a Police officer to prosecute someone for speeding in such circumstances, if the evidence is there, there is nothing to stop it happening. Your other weaknesses have exposed you & it is the officers decision on whether to prosecute you or not, you have left yourself at their mercy & it is your fault no-one elses.

The fact that a prosecution for something like this would even be a consideration is precisely why a lot of members of the general public are losing faith in the Police. So long as this kind of thing happens it will just continue to drive a wedge between the man on the street and the Police force.

Explain this to me. How does prosecution in a case like this actually improve road safety? The driver knows he has done wrong since he has had a close shave. An officer talking to him will help him not get in a situation like that again. So why the punishment? It serves no purpose other than to anoy another driver and help to alienate the Police.

Entering an age of Austerity and now driving a Focus Diesel.
Back to Top
thepits View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 09-July-2003
Location: far far away
Status: Offline
Points: 10000473
Direct Link To This Post Posted: 04-January-2006 at 17:39

Originally posted by Peter Fenwick Peter Fenwick wrote:

Originally posted by thepits thepits wrote:

Originally posted by Nigel Nigel wrote:

If your fed up with the thread don't post on it ! Be careful what you post about people, as I may think your breaking the rules by "trolling"  
Hmmm - if i didn't know you better i'd think you were picking on me!  
You're an easy target!!

But i'm being v v good  and i'm still being picked on

 

(anyway - it wasn't me that said the thread should be locked - i just agreed with his sentiments!)

Cats know your every thought.

But don't care.
Back to Top
Peter Fenwick View Drop Down
Bavarian-Board Contributor
Bavarian-Board Contributor
Avatar

Joined: 27-August-2003
Location: Lost somewhere in time...
Status: Offline
Points: 6484
Direct Link To This Post Posted: 04-January-2006 at 17:32
Originally posted by thepits thepits wrote:

Originally posted by Nigel Nigel wrote:

If your fed up with the thread don't post on it !

Be careful what you post about people, as I may think your breaking the rules by "trolling"  

Hmmm - if i didn't know you better i'd think you were picking on me!

You're an easy target!!

Entering an age of Austerity and now driving a Focus Diesel.
Back to Top
 Post Reply Post Reply Page  <12345 9>
  Share Topic   

Forum Jump Forum Permissions View Drop Down



This page was generated in 0.172 seconds.