A sense of proportion

[Alex321]

3 points? For committing an offence while riding something for which no licence is required? Some mistake surely. Inaccurate reporting, was it actually a motorised vehicle, or had the offence been recorded in the wrong category. Perhaps the defendant needs to take legal advice.

The fact you don't need a licence is irrelevant. The offence does not specify motor vehicle, and neither does the penalty.

 

[Alex321]

The fact you don't need a licence is irrelevant. The offence does not specify motor vehicle, and neither does the penalty.

Actually, I was wrong. The penalty for that offence as specified in the Road Traffic Offenders Act DOES say that endorsement is "Discretionary if committed in respect of a motor vehicle".

So they should not be getting point for that offence as a cyclist. There are some offences where a cyclist can be given points though.

 

[sheddy]

Learn CPR. It could come in useful when you kill somebody.

https://www.hampshirechronicle.co.u...-man-died-unavoidable-accident-inquest-hears/

 

[Ajax Bay]

There are some offences where a cyclist can be given points though.

Which ones? I thought it'd been established upthread that the law does not offer the award of points on a driving licence as (part of) a potential penalty for an conviction resulting from an offence committed while cycling. (IANAL)
(You have edited your post a few minutes ago, this morning.)

Cycling UK legal advice.

Cyclists can be penalised by a fixed-
penalty notice pursuant to sections 28 to 30
of the Road Traffic Act (RTA) 1988. The range
of such punishments will depend on the type
of offence (such as cycling on the pavement/
pedestrianised streets, jumping a red light,
etc) and the geographical location where the
offence has been committed. However, such
punishment would not be in the form of
penalty points on your driving licence but
rather a fine.

 

[Sterlo]

I sounds bonkers.
Could you be awarded 3 points for an offence committed on a road as a pedestrian?

Yes, when you get 12 points, you have to stop walking and go everywhere by car!

 

[Drago]

Which ones? I thought it'd been established upthread that the law does not offer the award of points on a driving licence as (part of) a potential penalty for an conviction resulting from an offence committed while cycling. (IANAL)
(You have edited your post a few minutes ago, this morning.)

They've simply selected the wrong penalty code for the menu on NICHE when building the charge. Happens all the time. It'll happen more now because austerity has given most forces no choice buy to lay off their civvy case builders and the bobbies are having to do most of the case building themselves, an activity for which they have neither the time or training.

Ordinarily you can not be sanctioned with points for a cycling offence any more than for having no TV licence, but if the wrong charge has been laid (the offence codes are a single digit different) for a motor vehicle instead of a cycle, and the defendent doesn't have any representation, then it can happen. It's easy to challenge post conviction.

This is completely separate from a courts discretionary power to suspend a drivers licence where appropriate for reasons of the commissioning of a crime, although I've never once know that actually happen - anyone who is a bad enough boy or girl to justify that measure would likely just ignore ir anyway, making it a largely pointless exercise.

 

[classic33]

Learn CPR. It could come in useful when you kill somebody.

https://www.hampshirechronicle.co.u...-man-died-unavoidable-accident-inquest-hears/

A former member of this forum.

 

[matticus]

A former member of this forum.

May I ask which member? No need to answer, just curious.

https://www.hampshirechronicle.co.u...-man-died-unavoidable-accident-inquest-hears/

If I'm reading that right, I'm astonished. "unavoidable collision" - the cyclists had right of way, lady-doctor-upstanding-member-of-community pulled out and hit him (claimed she didn't see them). Dead cyclist.

WTF?!? And what does Mark Harper think about this? What does Mr Briggs have to say?

‘I fought the blob after a cyclist killed my wife’
After seven years of battling bureaucracy, Matt Briggs has helped ensure cyclists who kill or maim will face tougher new laws

Steve Bird
19 May 2024 • 8:00am

https://www.telegraph.co.uk/news/20... 2016, Kim Briggs, aged,and died a week later.

 

[Drago]

Why are people who "didn't see him" still allowed to continue driving, even it found not guilty?

 

[figbat]

If I'm reading that right, I'm astonished. "unavoidable collision" - the cyclists had right of way, lady-doctor-upstanding-member-of-community pulled out and hit him (claimed she didn't see them). Dead cyclist.

Here's the location. Very rural and a big tree but seems like decent enough visibility. And if the tree is in the way, you take more care.

I must admit when I read "unavoidable accident" I also thought "WTF?!".

 

[Drago]

If its genuinely an unavoidable accident, then why isn't that stretch or road immediately closed and no reopened until remedial work is completed? They're so half hearted they can't even be bothered to back up the words "unavoidable accident" with credible actions to prevent a recurrence.

 

[classic33]

May I ask which member? No need to answer, just curious.

If I'm reading that right, I'm astonished. "unavoidable collision" - the cyclists had right of way, lady-doctor-upstanding-member-of-community pulled out and hit him (claimed she didn't see them). Dead cyclist.

WTF?!? And what does Mark Harper think about this? What does Mr Briggs have to say?


https://www.telegraph.co.uk/news/20... 2016, Kim Briggs, aged,and died a week later.

https://www.cyclechat.net/threads/dave-davenport.276274/

 

[matticus]

https://www.cyclechat.net/threads/dave-davenport.276274/

Thankyou classic. Rest in Peace Dave.

 

[mjr]

Why are people who "didn't see him" still allowed to continue driving, even it found not guilty?

24% of drivers can't see well enough to drive. As you may know, traffic police can't currently compel drivers to get an eye test. (source a RSA & Specsavers survey a few years ago)

Only 1 in 3 drivers even remember they need to be able to read a number plate at 20m.

With driving standards this poor, courts will accept a lot of nonsense, as there's no hope of a jury of drivers condemning some pretty awful driving.

 

[classic33]

24% of drivers can't see well enough to drive. As you may know, traffic police can't currently compel drivers to get an eye test.* (source a RSA & Specsavers survey a few years ago)

Only 1 in 3 drivers even remember they need to be able to read a number plate at 20m.

With driving standards this poor, courts will accept a lot of nonsense, as there's no hope of a jury of drivers condemning some pretty awful driving.

What about Section 96 of the Road Traffic Act 1988?
This for a roadside test