New Traffic Cops Tonight @ 8pm

[TW]Fox;21885780 said:
They reported the accident less than 30 minutes after it happened!
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Thats still be classed as failure to stop...
hell if she returned its still failure to stop.

When I managed to take out a sheep on the way home from north Wales, I smashed bumper, bonnet, and windscreen. Covered the dual in glass, pulled over into the hard shoulder and contacted the police.
They came with the wombles and cleaned the road, even though I hit a sheep, i would have still be prosecutable for failure to stop, If you hit another vehicle, structure or animal larger than a dog, and do not stop as soon as its safe to do so, you are failing to stop under the road traffic act.

In this case if she'd stopped and reported it, the chance of the guy being found earlier would have been greater. And as the first rule of medical care is time taken for treatment to be received, who knows what would have happened.

I'm not blaming her for hitting him as that was his fault, I'm blaming her for failing to stop which is just as bad.
 
Abraxaz1 said:
Thats still be classed as failure to stop...
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It would appear the police and the CPS disagree with you.

Road Traffic Act said:
Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above:

Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours
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A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
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Try reading the law before trying to quote it. Subsection (3) was complied with, therefore no offence, therefore no charges.
 
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[TW]Fox;21885849 said:
It would appear the police and the CPS disagree with you.





Try reading the law before trying to quote it. Subsection (3) was complied with, therefore no offence, therefore no charges.
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To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—


(a)must do so at a police station or to a constable, and


(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

Please look at as soon as reasonably practical....

If there is a requirement to report, it must be reported as soon as practicable and in any case within 24 hours. This is often taken wrongly as "you have 24 hours to report it". You must report it "as soon as practicable".
as she was driving an unsafe car, that would be the hard shoulder...
 
Jonny ///M said:
She's about my age...she probably just panicked! As the cop said she seemed genuine when she heard she had killed sombody.
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so that makes it al right?
i didn't know "panicking" was a get out clause for failure to follow the road traffic act, in both driving a vehicle without insurance, unroad worthy and failure to stop.
If she panics that much maybe she shouldn't be on the road...
 
Abraxaz1 said:
so that makes it al right?
i didn't know "panicking" was a get out clause for failure to follow the road traffic act, in both driving a vehicle without insurance, unroad worthy and failure to stop.
If she panics that much maybe she shouldn't be on the road...
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OK whatever, at least common sense was used. We are all human :o
 
[TW]Fox;21885935 said:
30 minutes is easily 'as soon as reasonably practical'.
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ok, lets put this way your 25 minutes behind her on the motorway, you hit the glass left from her smashed windscreen, front tyres blow out you end up embedded in the central reservation. but don't worry 5 mins later a phone call come in to the police that there's glass on a unlit 70mph stretch of road...

Or your on a push bike, full protective gear, lights the lot, or in the car she hits you from behind as she's making her way home with a un-road worthy car because she cant see you through the smashed windscreen. You're either laid out across the road or your prized BMW has just been smacked by a uninsured driver...

there's a very good reason why you have to report it straight away especially on 70mph roads the amount of chaos that can happen in 30 minutes is quite alarming.
 
Abraxaz1 said:
ok, lets put this way your 25 minutes behind her on the motorway, you hit the glass left from her smashed windscreen, front tyres blow out you end up embedded in the central reservation. but don't worry 5 mins later a phone call come in to the police that there's glass on a unlit 70mph stretch of road...

Or your on a push bike, full protective gear, lights the lot, or in the car she hits you from behind as she's making her way home with a un-road worthy car because she cant see you through the smashed windscreen. You're either laid out across the road or your prized BMW has just been smacked by a uninsured driver...

there's a very good reason why you have to report it straight away especially on 70mph roads the amount of chaos that can happen in 30 minutes is quite alarming.
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The tiny fragments of glass from her windscreen are going to cause you a blow out? Give it a break mate. The police didn't charge her for anything, Isn't it enough that she just killed someone and has to live with that?
 
The law says you must report it as soon as is reasonably practical.

It does not say perform an emergency stop and dont move until you have telephoned the police. Heck it even gives an upper limit!
 
[TW]Fox;21886008 said:
The law says you must report it as soon as is reasonably practical.

It does not say perform an emergency stop and dont move until you have telephoned the police. Heck it even gives an upper limit!
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and from the state of the car it was un-driver able, and was a danger to herself and other road users, she should have stopped.

I didn't say emergency stop, I Said hard shoulder, which can be how ever far away. In the case of an accident especially on a 70mph dual carriage way its you're responsibility to inform the police to prevent further accidents happening.

I'm wrong for pointing out that shes broke 3 different laws and may have prevented the guy from getting aid because of it?
You do remember the guy was lying there for up to 30mins before she did anything like contact the authorities.
 
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Abraxaz1 said:
I didn't say emergency stop, I Said hard shoulder, which can be how ever far away. In the case of an accident especially on a 70mph dual carriage way its you're responsibility to inform the police to prevent further accidents happening.
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The Road Traffic Act says you must inform the police 'as soon as reasonably practicable'. It does not say you must 'stop at the next hard shoulder and immediatly telephone the police'.

It could be argued that in the middle of the night with home not far away, arriving at home and then notifying the police is 'as soon as reasonably practicable'. Remember, at this point she had no idea anyone else was involved at all. Until the police arrived, her and her family thought it was a single vehicle accident.

Which is presumably why she was not charged with an offence.
 
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[TW]Fox;21886078 said:
The Road Traffic Act says you must inform the police 'as soon as reasonably practicable'. It does not say you must 'stop at the next hard shoulder and immediatly telephone the police'.

It could be argued that in the middle of the night with home not far away, arriving at home and then notifying the police is 'as soon as reasonably practicable'.

Which is presumably why she was not charged with an offence.
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I can see that neither of use are going to shift on our opinions on this matter...

but I can see where your coming from even if I don't agree.

I still feel that she should have stopped at the hard shoulder because of the damage alone and should have phoned the police/HA and reported the incident whilst in the hard shoulder to prevent any accidents from people hitting, glass/plastic fragments.
I've had a friend prosecuted for failing to stop, when he hit a central reservation destroying two bollards and a traffic calming sign and drove home before reporting and got a lovely £1k fine and 5 points for failure to stop.

but sod it can't be arsed to argue any more on an internet forum.
 
Grim :(

I think those cops who pulled the cricketer over would have a fright if they came over here.
EVERYONE drives like that over here!
 
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