Author Topic: Letter on Dangerous Driving in The Times  (Read 6722 times)

Regulator

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Re: Letter on Dangerous Driving in The Times
« Reply #25 on: 08 May, 2008, 02:57:42 pm »
Didn't somebody mention the offence of "Causing Danger to other road users" that carried a possible 5 year incarceration?
If you get F' ed up by somebody report it to the police and say you want to press that particular charge. I'll certainly do it should the need occur and would like to hear anybody else do the same.

I think you are referring to the offence under Section 22A of the Road Traffic Act 1988.  However, this relates relates to obstructing the road or interfering with road equipments (traffic lights, bollards etc) or similar - not to driving behaviour.
Quote from: clarion
I completely agree with Reg.

Green Party Councillor

mattc

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Re: Letter on Dangerous Driving in The Times
« Reply #26 on: 08 May, 2008, 03:20:04 pm »

I think you are referring to the offence under Section 22A of the Road Traffic Act 1988.  However, this relates relates to obstructing the road or interfering with road equipments (traffic lights, bollards etc) or similar - not to driving behaviour.
As I think it was me who first mentioned this offence (to a resounding silence), I shall add my tupennethworth. No, it's not just obstruction or messing wiv bollards:
Quote
22A Causing danger to road-users

(1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—

(a) causes anything to be on or over a road, or

(b) interferes with a motor vehicle, trailer or cycle, or

(c) interferes (directly or indirectly) with traffic equipment
...so case (b) would seem to cover shoving cyclists, throwing things at them, and possibly even cutting them up.

HOWEVER I just found this page suggesting that official policy is
Quote
This offence is not intended to be used to prosecute those in control of vehicles / bicycles etc, in fact the notes from NCALT on the matter state "(iii) This offence will not generally be committed by drivers".
http://www.policespecials.com/forum/index.php?s=6997c89010ec3b34b9d64b371193a8a9&showtopic=24997&view=findpost&p=516788

And this doc gives _7_ years as the max sentence:
http://www.iam.org.uk/OneStopCMS/Core/CrawlerResourceServer.aspx?resource=d5b1c9e2e34c41148f148d8ba2cfb91b&mode=link&guid=a20d8e9570844535afb60a9b90ebe590

I can't say I'm much wiser, but this layman thinks it's a more appropriate charge than either
Assault OR
Dangerous Driving.
Has never ridden RAAM
---------
No.11  Because of the great host of those who dislike the least appearance of "swank " when they travel the roads and lanes. - From Kuklos' 39 Articles

Regulator

  • That's Councillor Regulator to you...
Re: Letter on Dangerous Driving in The Times
« Reply #27 on: 08 May, 2008, 03:28:03 pm »
Yeah - it's about interfering with the vehicle (albeit a bicycle) rather than the behaviour of a driver.  The interesting offence is 'Driving without reasonable consideration' - Section 3 RTA 1988.  It's a rarely used charge, as the CPS guidance notes, but would be ideal for cyclists in run ins with cars, as the necessary proof is the complaint of the cyclist.

I think it is an offence that cyclists should note down carefully and quote to the police when they make a complaint (a copy of the CPS guidance resides in my saddlebag).  I've always found that being able to quote an offence makes the police more likely to pursue it.
Quote from: clarion
I completely agree with Reg.

Green Party Councillor

fuzzy

Re: Letter on Dangerous Driving in The Times
« Reply #28 on: 08 May, 2008, 04:45:17 pm »
As I think it was me who first mentioned this offence (to a resounding silence), I shall add my tupennethworth. No, it's not just obstruction or messing wiv bollards:
Quote
22A Causing danger to road-users

(1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—

(a) causes anything to be on or over a road, or

(b) interferes with a motor vehicle, trailer or cycle, or

(c) interferes (directly or indirectly) with traffic equipment
...so case (b) would seem to cover shoving cyclists, throwing things at them, and possibly even cutting them up.

HOWEVER I just found this page suggesting that official policy is
Quote
This offence is not intended to be used to prosecute those in control of vehicles / bicycles etc, in fact the notes from NCALT on the matter state "(iii) This offence will not generally be committed by drivers".
http://www.policespecials.com/forum/index.php?s=6997c89010ec3b34b9d64b371193a8a9&showtopic=24997&view=findpost&p=516788

And this doc gives _7_ years as the max sentence:
http://www.iam.org.uk/OneStopCMS/Core/CrawlerResourceServer.aspx?resource=d5b1c9e2e34c41148f148d8ba2cfb91b&mode=link&guid=a20d8e9570844535afb60a9b90ebe590

I can't say I'm much wiser, but this layman thinks it's a more appropriate charge than either
Assault OR
Dangerous Driving.

The offence was conceived to deal with muppets tampering with stuff thereby causing a risk to road users, ie. tampering with signage at road works- could cause collisions- tampering with vehicles in a way that could cause loss of control (the tit that undoes QR's etc.)- cable/ rope accross roads to catch out riders of bicycles/ motorcycles- moves traffic lights etc.