Should truck drivers have their licences suspended for using mobile phones?‏

[martint235]

No idea where you manage to get that interpretation from

I made a comment about a specific situation. I'm not aware I mentioned bank robbery

Stop being pedantic. Does a police officer have the authority to stop a person or not?

 

[spen666]

Stop being pedantic. Does a police officer have the authority to stop a person or not?

I refer you to my previous post.

I was commenting on a very specific situation.


in answer to your question, I cannot answer it without more details. Some circumstances an officer has the power to stop you and in others he does not.

 

[martint235]

I refer you to my previous post.

I was commenting on a very specific situation.


in answer to your question, I cannot answer it without more details. Some circumstances an officer has the power to stop you and in others he does not.

And how would you know whether or not he has the authority unless you actually stopped, spoke to him and found out why he was stopping you?

 

[spen666]

And how would you know whether or not he has the authority unless you actually stopped, spoke to him and found out why he was stopping you?

That is for you to decide.

 

[martint235]

Life is too short for dealing with idiots

 

[glasgowcyclist]

I refer you to my previous post.

I was commenting on a very specific situation.


in answer to your question, I cannot answer it without more details. Some circumstances an officer has the power to stop you and in others he does not.

I have to say that it's my understanding that the police can stop any motor vehicle or cycle on the road and failure to comply is an offence.

GC

 

[spen666]

Life is too short for dealing with idiots

I'm not sure who you are suggesting is an idiot?

I would have thought someone who wants a definitive answer to all situations, without specifying the circumstances is probably the idiot.

The law is rarely black and white and without knowing the precise circumstances, it is not possible to give you a definitive answer.

Hence why there is a huge volume of case law on what "acting in the course of his duty is" in relation to the actions of police officers.

An action that may be in the course of his duty in one case, may not be in the course of his duty in an almost identical situation.

Hence why it is for you to decide whether you are going to stop or not.

 

[spen666]

I have to say that it's my understanding that the police can stop any motor vehicle or cycle on the road and failure to comply is an offence.

GC

Police cannot randomly stop vehicles. They ( the police officer) need to be acting in the course of their duty. For example a police officer with a dislike of red motor cars does not have the power to stop all red vehicles to lecture the driver as to their choice of car colour. You would be perfectly within your rights to refuse to stop or to refuse to remain at the scene in such circumstances.

 

[glasgowcyclist]

Police cannot randomly stop vehicles. They ( the police officer) need to be acting in the course of their duty. For example a police officer with a dislike of red motor cars does not have the power to stop all red vehicles to lecture the driver as to their choice of car colour. You would be perfectly within your rights to refuse to stop or to refuse to remain at the scene in such circumstances.

I disagree.

Provided you are on a road and are signalled to stop by a constable in uniform, you must comply. If it transpires that he wants to hand out a safety leaflet or direct you to a traffic census etc, you are at liberty to continue your journey. But failing to stop in the first place is an offence.

GC

 

[spen666]

I disagree.

Provided you are on a road and are signalled to stop by a constable in uniform, you must comply. If it transpires that he wants to hand out a safety leaflet or direct you to a traffic census etc, you are at liberty to continue your journey. But failing to stop in the first place is an offence.

GC

In that situation it is an offence because the officer is acting in the course of his duty.

In the example I gave he is not acting in the course of his duty and in the circumstances you are under no obligation to stop or to remain at the scene



As I said in my earlier post, what is in the course of their duty varies

 

[martint235]

[QUOTE 3118832, member: 45"]If you don't know why you're being asked to stop? What advice would you give your client?[/QUOTE]
Run the policeman down and then sue him for standing in the road.

 

[spen666]

[QUOTE 3118832, member: 45"]If you don't know why you're being asked to stop? What advice would you give your client?[/QUOTE]
I refer you to my answer at post #235

I cannot give a client definitive advice about a situation without all of the circumstances of the case.

 

[spen666]

The example you gave highlighted bits of another post. Were you specifically referring to mobile phone use on a bicycle?

I was referring to the bit I higlighted - ie re stopping you re traffic census

 

[glasgowcyclist]

As I said in my earlier post, what is in the course of their duty varies

I think the problem here is your repeated reference to the officer 'acting in the course of his duty'.
This is a red herring since at the time of the instruction to stop, the driver/rider will have no idea of the purpose for the stop.

The scenario you initially suggested was outwith the powers of police to stop a cyclist for was cycling while using a mobile phone. I say that it would be perfectly lawful for a police officer to stop the cyclist in those circumstances. (Before it became a specific offence for motorists, drivers were charged with careless driving or not being in proper control of their vehicle.)

GC

 

[spen666]

Did that bit not come later?

I'm confused as to what you are asking about? I thought the post of mine was the one where I quoted the highlighted response?

Which post(s) are you referring to?