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PostPosted: Mon May 12, 2008 11:04 
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If the law loses sight of its purpose then it is nigh on meaningless.


Well, quite. I couldn't agree more.

A technical offencemust be enforced technically, i.e. if you're going to start doing people for a petty numerical crime, you'd better get your own petty numbers right.

People don't just transgress the threshold with an awful lot of crimes which are either committed or they aren't ("Sergeant, this man's been murdered.... but only just"), so such adherence to technicalities may be a less moral form of defence, but if someone's going to do me for driving a few mph over the limit, they'd better obey their own rules for how many days it takes them to notify me.


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PostPosted: Mon May 12, 2008 19:08 
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Hairyloon wrote:

And Wildcat, what is most important, the letter of the law or the spirit of the law?


The letter of the law.
The spirit of the law is unenforceable.
All the technicalities were built into the system to ensure the law had a meaning. Not much point in having a variable speed limit if you tell nobody what it is, and when it is. No point in having a system of prosecution that has no time limits, the case could be saved for a rainy decade otherwise.
That's why we have a system that presumes innocence until proven guilty, unless it is a speeding case in which the camera is proof of guilt and you have to prove yourself innocent.

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PostPosted: Tue May 13, 2008 17:11 
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Could you please define the sprirt of the laws pertaining to speed limits, their enforcement and the prosecution of transgressors please?


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PostPosted: Tue May 13, 2008 23:08 
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civil engineer wrote:
Could you please define the sprirt of the laws pertaining to speed limits, their enforcement and the prosecution of transgressors please?

That driving at excessive speed is dangerous and irresponsible and punishment should be proportionate to the degree of irresponsibility.


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PostPosted: Wed May 14, 2008 07:49 
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Hairyloon wrote:
civil engineer wrote:
Could you please define the sprirt of the laws pertaining to speed limits, their enforcement and the prosecution of transgressors please?

That driving at excessive speed is dangerous and irresponsible and punishment should be proportionate to the degree of irresponsibility.


But we still have to have a set procedure und this has to be upheld for each und every case. It can also depend on situation. We once had a German in his big bad Porsche up here.. before the speed cams. He was nicked by the police.

At German speeds :wink: I was quite impressed that the police car caught this car.. but it seems it was in the good old days when they had more trafpols around und one managed to pin it down further up the motorway :wink:

Oddly .. this bloke forgot he spoke decent English at the time :hehe: ..


In the court - via interpreter - who was allegedly struggling to keep straight face - he declared that "he got carried away on a nice piece of straight road at 5.30 am on a summery morning und thought he was back home" :rotfl:

I think they banned him from driving in UK for 6 months or so at the time .. :popcorn:


In this case - it was a tempo limit. The NIP was late. There ist a set timed procedure. It got chucked out because of this error on their part.

It work the other way. If your return nominating driver arrive a day late - they can lay papers to court.. etc for failing to name...



But these same technicalities und not sticking to procedure can und are used when defending the real crimes which have tangible victim :roll: :popcorn:

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PostPosted: Wed May 14, 2008 18:11 
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WildCat wrote:
But we still have to have a set procedure und this has to be upheld for each und every case. It can also depend on situation. We once had a German in his big bad Porsche up here.. before the speed cams. He was nicked by the police.

In the court - via interpreter - who was allegedly struggling to keep straight face - he declared that "he got carried away on a nice piece of straight road at 5.30 am on a summery morning und thought he was back home" :rotfl:

And TBQF he may not have been doing an unreasonable speed for the situation (you don't say how fast or where).
Quote:
In this case - it was a tempo limit. The NIP was late. There ist a set timed procedure. It got chucked out because of this error on their part.

But he was still (allegedly) doing 87mph. And if the limit was temporary, then presumably they were at least pretending to have roadworks in which case 87mph is not likely to be a reasonable speed.
Quote:
It work the other way. If your return nominating driver arrive a day late - they can lay papers to court.. etc for failing to name...

But these same technicalities und not sticking to procedure can und are used when defending the real crimes which have tangible victim :roll: :popcorn:

So wouldn't it be better to have a sensible system that allows a bit for human error in both directions?


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PostPosted: Wed May 14, 2008 19:01 
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Hairyloon wrote:
...if the limit was temporary, then presumably they were at least pretending to have roadworks in which case 87mph is not likely to be a reasonable speed...


Why are pretend roadworks so dangerous?

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PostPosted: Fri May 16, 2008 07:36 
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Hairyloon wrote:
WildCat wrote:
But we still have to have a set procedure und this has to be upheld for each und every case. It can also depend on situation. We once had a German in his big bad Porsche up here.. before the speed cams. He was nicked by the police.

In the court - via interpreter - who was allegedly struggling to keep straight face - he declared that "he got carried away on a nice piece of straight road at 5.30 am on a summery morning und thought he was back home" :rotfl:

And TBQF he may not have been doing an unreasonable speed for the situation (you don't say how fast or where).



M6... on that cute stretch up here :wink: He was on the ton for three miles.. allegedly :roll:

Was not an unreasonable speed - given the only folk on the road were him und a couple of police cars (in the old days of patrol.. but why on earth :? on the motorway und not protecting my house from them burglars :wink:
:roll:


Quote:


Quote:
In this case - it was a tempo limit. The NIP was late. There ist a set timed procedure. It got chucked out because of this error on their part.

But he was still (allegedly) doing 87mph. And if the limit was temporary, then presumably they were at least pretending to have roadworks in which case 87mph is not likely to be a reasonable speed.



On of the things that really annoys in this country are the miles of cones.. with no workmen, JCB diggers or steramrollers or whatever. :roll:

For all we know this was at start of the roadworks. We usually see the speed cam or first of any SPECS - bang at the road works sign und tempo lolly - some of which have blown over by the wind :banghead: The final cams are at the very end of the road works stretch too.. with hardly any along the way (unless SPECS or the M60 or the M6 in scamland that time...plus on A1(M) again in scam hotspot .. :roll: ).

But anyway .. the positioning of these scams ist questionable as they know they can catch the unwary on the slow-down und on sight of seeing NSL/end roadworks in distance. A lot of folk begin to lose concentration und think "HURRAH! Outa roadworks!" und begin to speed up. They not looking at speedo here :wink: ...The scammers know plenty will do this.. which support the revenue raking suspicions.

The most notorious was M4 Wales. 2003. 50 mph limit. Folk had passed the NSL sign und accelerating up to 70 mph.. only to be pinged. Most paid up because they recalled the roadworks und did not query it :roll:

Three people did... The cam was placed incorrectly :banghead: The smug prats said it was up to those pinged to contact them (but kept it local till someone told the "Waily" :roll:). After the Waily got involved .. it seems a hell of a lot of folk had been "done" unfairly :roll: :banghead:

I think Paulie :bow: did have the cuttings on the main pages at the time.. :wink:

Quote:
Quote:
It work the other way. If your return nominating driver arrive a day late - they can lay papers to court.. etc for failing to name...

But these same technicalities und not sticking to procedure can und are used when defending the real crimes which have tangible victim :roll: :popcorn:

So wouldn't it be better to have a sensible system that allows a bit for human error in both directions?



Yes.. but unfortunately the pratsters und the muesli munchers und the little green blobbies do not want this :roll:

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Ich setze mich immer wieder in die Nesseln! Der Mad Doc ist mein Mann! Und ich benutzte seinen PC!

UND OUR SMILEYS? Smile ... und the the world smiles with you.
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Fine me for Safe Speed
(& other good causes..)

Greatest love & Greatest Achievements Require Greatest Risk
But if you lose the driving plan - don't lose the COAST lesson.
Me?
Je ne regrette rien
!


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