URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Speeding and other criminal offences
       *****************************************************
       #Post#: 35036--------------------------------------------------
       Re: Close Pass
   DIR By: NewJudge
       Date: August 30, 2024, 6:28 am
       ---------------------------------------------------------
       Just tell us this: how far away was the near side of your car
       from the cyclist when you passed?
       Forget the middle line, forget the width of your car, forget the
       width of the carriageway (unless it was unusually narrow). None
       of that matters. All that matters is how much room you gave the
       cyclist. Give it in whatever units you like. The HC suggests a
       minimum of 1.5 metres at speeds up to 30mph. That is near enough
       five feet. So was it more or less than that?
       #Post#: 35082--------------------------------------------------
       Re: Close Pass
   DIR By: mickR
       Date: August 30, 2024, 11:12 am
       ---------------------------------------------------------
       do as we already know the HC is "guidance" is there really a
       case for plod to consider it a dangerous pass if the driver gave
       less than 1.5m ? I'm not suggesting significantly less. If yes
       then why does the HC not state "must" as in a legal definition
       #Post#: 35085--------------------------------------------------
       Re: Close Pass
   DIR By: 666
       Date: August 30, 2024, 11:32 am
       ---------------------------------------------------------
       --- Quote from: mickR link ---
       >
       > do as we already know the HC is "guidance" is there really a
       case for plod to consider it a dangerous pass if the driver gave
       less than 1.5m ? I'm not suggesting significantly less. If yes
       then why does the HC not state "must" as in a legal definition
       >
       --- End Quote ---
       The HC says that because it must reflect the law as it is.
       Parliament make the law, not the DVSA.
       However, the test for careless driving is whether it "falls
       below what would be expected of a competent and careful
       driver.", and it must be reasonable for a court to conclude that
       such a "competent and careful driver" would be obeying the rules
       in the HC.
       #Post#: 35092--------------------------------------------------
       Re: Close Pass
   DIR By: Southpaw82
       Date: August 30, 2024, 1:35 pm
       ---------------------------------------------------------
       Road Traffic Act 1988, s 38(7):
       --- Quote ---
       > A failure on the part of a person to observe a provision of
       the Highway Code shall not of itself render that person liable
       to criminal proceedings of any kind but any such failure may in
       any proceedings (whether civil or criminal, and including
       proceedings for an offence under the Traffic Acts, the Public
       Passenger Vehicles Act 1981 or sections 18 to 23 of the
       Transport Act 1985) be relied upon by any party to the
       proceedings as tending to establish or negative any liability
       which is in question in those proceedings.
       --- End Quote ---
       #Post#: 35117--------------------------------------------------
       Re: Close Pass
   DIR By: POLICE999
       Date: August 31, 2024, 4:07 am
       ---------------------------------------------------------
       I was least 1.5 m away from rider but snap shot looks closer as
       lens are wide angle.
       i have pleaded not guilty by post and have asked for footage
       from the police do they have to release footage for my defense
       as i have had no reply only new court date in feb.
       sorry if i cant write great posts as im dyslexic and have had a
       stroke. its my wife who was driving on that day.
       thank you
       
       #Post#: 35118--------------------------------------------------
       Re: Close Pass
   DIR By: FuzzyDuck
       Date: August 31, 2024, 4:13 am
       ---------------------------------------------------------
       --- Quote from: POLICE999 link ---
       >
       > I was least 1.5 m away from rider but snap shot looks closer
       as lens are wide angle.
       > i have pleaded not guilty by post and have asked for footage
       from the police do they have to release footage for my defense
       as i have had no reply only new court date in feb.
       > sorry if i cant write great posts as im dyslexic and have had
       a stroke. its my wife who was driving on that day.
       > thank you
       >
       --- End Quote ---
       Big red flag here, so do you mean your wife has pleaded not
       guilty?
       #Post#: 35122--------------------------------------------------
       Re: Close Pass
   DIR By: 666
       Date: August 31, 2024, 5:12 am
       ---------------------------------------------------------
       --- Quote from: POLICE999 link ---
       >
       > I was least 1.5 m away from rider but snap shot looks closer
       as lens are wide angle.
       > i have pleaded not guilty by post and have asked for footage
       from the police do they have to release footage for my defense
       as i have had no reply only new court date in feb.
       > sorry if i cant write great posts as im dyslexic and have had
       a stroke. its my wife who was driving on that day.
       > thank you
       >
       --- End Quote ---
       Regardless of the lens, it should be possible to judge the
       distance by reference to the width of your car and/or the lane.
       Don't forget that the required clearance must take account of
       your door mirrors.
       Why have you pleaded guilty if your wife was driving? Or was it
       she who has been charged and pleaded? If it was, it would be
       helpful (especially given the difficulties you describe) if she
       were to post on her own behalf.
       #Post#: 35125--------------------------------------------------
       Re: Close Pass
   DIR By: DWMB2
       Date: August 31, 2024, 5:50 am
       ---------------------------------------------------------
       In the opening post you said you had images. Why not share them?
       #Post#: 35157--------------------------------------------------
       Re: Close Pass
   DIR By: slapdash
       Date: August 31, 2024, 9:19 am
       ---------------------------------------------------------
       If your wife was driving it has nothing to do with you.
       I presume you have named her as driver in accordance with the
       instructions on the notice and she has received her own (or she
       received it in her own name). She would then indicate her intent
       to plead not guilty.
       It might be useful for you to clarify what has been done
       otherwise a larger problem will exist.
       Putting the photo on an image hosting site and the address for a
       Google maps link would enable a much better judgement of the
       distance.
       #Post#: 35195--------------------------------------------------
       Re: Close Pass
   DIR By: The Rookie
       Date: September 1, 2024, 3:24 am
       ---------------------------------------------------------
       Hopefully you understand the cost of pleading not guilty?
       You will lose the 1/3 discount off the fine for a guilty plea
       (that also then impacts the 40% surcharge), prosecution costs
       will also rise from circa £100 yo circa £650.
       Let’s see the evidence you have, let’s have the location and we
       can give you a reasonable opinion on whether you/your wife/maybe
       even the dog is doing the sensible thing or not.
       *****************************************************
       Page 2 of 3
   DIR Previous Page
   DIR Next Page