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UK and Europe
Published
21 January 2008
Last activity
30 January 2008
Original author
Kenneth Clements
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  1. On Wed, 23 Jan 2008 14:29:08 -0800 (PST) someone who may be
    naked_draughtsman <[email hidden]> wrote this:-

    Quoted message said:

    The hospital had a noticeable number of posters around the place
    though saying how important it was to always wear a helmet (presumably
    when riding a bike as it the picture looked like a bike helmet!)

    You should have asked them why one should always wear a helmet in
    the hospital.

    --
    David Hansen, Edinburgh
    I will *always* explain revoked encryption keys, unless RIP prevents me
    http://www.opsi.gov.uk/acts/acts2000/00023--e.htm#54

  2. Mark said:

    On Tue, 22 Jan 2008 10:34:54 -0800 (PST), naked_draughtsman
    <[email hidden]> wrote:

    Quoted message said:
    Quoted message said:

    Bus overtook quite close then moved back in before passing me. I
    moved in while banging on the back hoping the driver would hear but he
    didn't and kept going. Not sure exactly how, probably a combination
    of braking, steering and a 'shove', but ended up going over the
    handlebars.

    I'm still waiting to hear back from the police, as the driver didn't
    stop.

    Failing to stop after an accident is an offense. The driver should be
    prosecuted and lose his job IMHO.

    Do you know that the driver was aware of the accident?

    Cheers,
    Luke

    --
    Red Rose Ramblings, the diary of an Essex boy in
    exile in Lancashire <http://www.shrimper.org.uk>

  3. Ekul Namsob said:
    Mark said:

    Failing to stop after an accident is an offense. The driver should be
    prosecuted and lose his job IMHO.

    Do you know that the driver was aware of the accident?

    If he moved in on a cyclist without being aware of it, all the more
    reason that he shouldn't be driving, let alone in a professional capacity.

    --
    Danny Colyer <http://www.redpedals.co.uk>
    Reply address is valid, but that on my website is checked more often
    "The plural of anecdote is not data" - Frank Kotsonis

  4. Danny Colyer said:
    Ekul Namsob said:
    Mark said:

    Failing to stop after an accident is an offense. The driver should be
    prosecuted and lose his job IMHO.

    Do you know that the driver was aware of the accident?

    If he moved in on a cyclist without being aware of it, all the more
    reason that he shouldn't be driving, let alone in a professional capacity.

    I don't disagree with you there, but I'm not convinced he could
    successfully be prosecuted for 'failing to stop after an accident'.

    Cheers,
    Luke

    --
    Red Rose Ramblings, the diary of an Essex boy in
    exile in Lancashire <http://www.shrimper.org.uk>

  5. On Jan 26, 11:40 pm, [email hidden] (Ekul

    Namsob) said:
    Danny Colyer said:
    Ekul Namsob said:

    Mark <[email hidden]> wrote:
    >Failing to stop after an accident is an offense. The driver should be
    >prosecuted and lose his job IMHO.

    Quoted message said:
    Quoted message said:

    Do you know that the driver was aware of the accident?

    Quoted message said:

    If he moved in on a cyclist without being aware of it, all the more
    reason that he shouldn't be driving, let alone in a professional capacity.

    I don't disagree with you there, but I'm not convinced he could
    successfully be prosecuted for 'failing to stop after an accident'.

    Did he fail to stop?

    Did he have an accident?

    Was he paying attention?

    ...d

  6. [email hidden] (Ekul Namsob)

    Quoted message said:
    naked_draughtsman said:

    I was hit by a bus on Thursday. Second to being told I'm in plaster
    for at least 6 weeks the worst part was the courtesy call to my
    parents. They wanted to know why I wasn't riding in the 0.5m wide
    cycle lane running in the 'door zone' next to a parking bay.
    They then suggested that I ride on the pavement in the future.....

    Get well soon. I'm a little confused. Did your parents suggest you ride
    on the pavement or hospital staff?

    He wrote that it was the pavement. Riding hospital staff would probably
    get one in trouble these days.
    --
    MJ Ray http://mjr.towers.org.uk/email.html tel:+44-844-4437-237 -
    Webmaster-developer, statistician, sysadmin, online shop builder,
    consumer and workers co-operative member http://www.ttllp.co.uk/ -
    Writing on koha, debian, sat TV, Kewstoke http://mjr.towers.org.uk/

  7. David Martin said:

    On Jan 26, 11:40 pm, [email hidden] (Ekul

    Namsob) said:
    Danny Colyer said:

    On 26/01/2008 16:13, Ekul Namsob wrote:
    > Mark <[email hidden]> wrote:
    >>Failing to stop after an accident is an offense. The driver should be
    >>prosecuted and lose his job IMHO.

    Quoted message said:

    > Do you know that the driver was aware of the accident?

    Quoted message said:

    If he moved in on a cyclist without being aware of it, all the more
    reason that he shouldn't be driving, let alone in a professional capacity.

    I don't disagree with you there, but I'm not convinced he could
    successfully be prosecuted for 'failing to stop after an accident'.

    Did he fail to stop?

    Did he have an accident?

    Was he paying attention?

    Is the law as simplistic as you think?

    Cheers,
    Luke

    --
    Red Rose Ramblings, the diary of an Essex boy in
    exile in Lancashire <http://www.shrimper.org.uk>

  8. On Sat, 26 Jan 2008 23:40:38 GMT,

    (Ekul Namsob) said:
    Danny Colyer said:
    Ekul Namsob said:

    Mark <[email hidden]> wrote:
    >Failing to stop after an accident is an offense. The driver should be
    >prosecuted and lose his job IMHO.

    Do you know that the driver was aware of the accident?

    If he moved in on a cyclist without being aware of it, all the more
    reason that he shouldn't be driving, let alone in a professional capacity.

    I don't disagree with you there, but I'm not convinced he could
    successfully be prosecuted for 'failing to stop after an accident'.

    Why not? There was an accident (or rather a collision) and he did not
    stop.

    M.

  9. Mark said:

    On Sat, 26 Jan 2008 23:40:38 GMT,

    (Ekul Namsob) said:
    Danny Colyer said:

    On 26/01/2008 16:13, Ekul Namsob wrote:
    > Mark <[email hidden]> wrote:
    >>Failing to stop after an accident is an offense. The driver should be
    >>prosecuted and lose his job IMHO.
    >
    > Do you know that the driver was aware of the accident?

    If he moved in on a cyclist without being aware of it, all the more
    reason that he shouldn't be driving, let alone in a professional capacity.

    I don't disagree with you there, but I'm not convinced he could
    successfully be prosecuted for 'failing to stop after an accident'.

    Why not? There was an accident (or rather a collision) and he did not
    stop.

    He might well reasonably be able to offer the defence that he was
    unaware of the accident. My car was once hit by an HGV whose driver had
    no idea that he had removed my wing mirror. My first response was not to
    contact the police, it was to contact the driver's employer. Everything
    was sorted out swiftly and without fuss.

    Cheers,
    Luke

    --
    Red Rose Ramblings, the diary of an Essex boy in
    exile in Lancashire <http://www.shrimper.org.uk>

  10. Ekul Namsob said:

    He might well reasonably be able to offer the defence that he was
    unaware of the accident.

    Being unaware of having committed an offence is not a defence.

    --
    Danny Colyer <http://www.redpedals.co.uk>
    Reply address is valid, but that on my website is checked more often
    "The plural of anecdote is not data" - Frank Kotsonis

  11. Danny Colyer said:
    Ekul Namsob said:

    He might well reasonably be able to offer the defence that he was
    unaware of the accident.

    Being unaware of having committed an offence is not a defence.

    Having an accident is not an offence. I would suggest, however, that as
    neither of us are lawyers, we agree to disagree.

    Cheers,
    Luke

    --
    Red Rose Ramblings, the diary of an Essex boy in
    exile in Lancashire <http://www.shrimper.org.uk>

  12. Ekul Namsob said:
    Danny Colyer said:
    Ekul Namsob said:

    He might well reasonably be able to offer the defence that he was
    unaware of the accident.

    Being unaware of having committed an offence is not a defence.

    Having an accident is not an offence. I would suggest, however, that as
    neither of us are lawyers, we agree to disagree.

    Failing to stop at the scene of an accident, OTOH, is.

    --
    Danny Colyer <http://www.redpedals.co.uk>
    Reply address is valid, but that on my website is checked more often
    "The plural of anecdote is not data" - Frank Kotsonis

  13. Danny Colyer said:
    Ekul Namsob said:
    Danny Colyer said:

    On 29/01/2008 16:10, Ekul Namsob wrote:

    >He might well reasonably be able to offer the defence that he was
    >unaware of the accident.

    Being unaware of having committed an offence is not a defence.

    Having an accident is not an offence. I would suggest, however, that as
    neither of us are lawyers, we agree to disagree.

    Failing to stop at the scene of an accident, OTOH, is.

    You know, this could go round in circles.

    Cheers,
    Luke

    --
    Red Rose Ramblings, the diary of an Essex boy in
    exile in Lancashire <http://www.shrimper.org.uk>

  14. Danny Colyer said:

    Ekul Namsob wrote:

    Quoted message said:
    Quoted message said:

    He might well reasonably be able to offer the defence that he was
    unaware of the accident.

    Quoted message said:

    Being unaware of having committed an offence is not a defence.

    Only for "absolute" offences, of which "failing to stop" is not one
    (easier to posit for a bus than for, say, a bike). So EN is right.

    Do you think a bus-driver is obliged to frequently stop and check in
    case the very back of the bus has collided with anything?

  15. Danny Colyer said:
    Ekul Namsob said:

    He might well reasonably be able to offer the defence that he was
    unaware of the accident.

    Being unaware of having committed an offence is not a defence.

    It is for possession of drugs, or at least it was 30 years ago when I
    was on a jury last.

  16. On Jan 29, 11:03 pm, [email hidden] (Ekul

    Namsob) said:
    Danny Colyer said:
    Ekul Namsob said:

    He might well reasonably be able to offer the defence that he was
    unaware of the accident.

    Quoted message said:

    Being unaware of having committed an offence is not a defence.

    Having an accident is not an offence. I would suggest, however, that as
    neither of us are lawyers, we agree to disagree.

    it certainly isn'y listed as a statutory defence in the RTA 1988
    section 170 (http://www.bailii.org/uk/legis/num_act/1988/
    ukpga_19880052_en_1.html#pt7-pb3-l1g170)

    I can't see any evidence of case law establishing such a defence but
    it might exist

    best wishes
    james

  17. Quoting Danny Colyer <[email hidden]>:

    Quoted message said:
    Ekul Namsob said:

    He might well reasonably be able to offer the defence that he was
    unaware of the accident.


    Being unaware of having committed an offence is not a defence.

    But sometimes the definition of an offence excludes being unaware. You
    cannot commit theft without "the intention to permanently deprive", for
    example.

    Being ignorant that something _is_ an offence is not a defence. Being
    ignorant that you are doing the something often is, since many offences
    require intent.
    --
    David Damerell <[email hidden]> flcl?
    Today is Gorgonzoladay, January - a weekend.

  18. In article <[email hidden]>,

    Quoted message said:

    On Jan 29, 11:03 pm, [email hidden] (Ekul

    Namsob) said:

    Having an accident is not an offence. I would suggest, however, that as
    neither of us are lawyers, we agree to disagree.

    it certainly isn'y listed as a statutory defence in the RTA 1988
    section 170 (http://www.bailii.org/uk/legis/num_act/1988/
    ukpga_19880052_en_1.html#pt7-pb3-l1g170)

    You seem to be right, in that it's an absolute offence. That is,
    there is no requirement to have any particular intent. (You should
    use www.statutelaw.gov.uk for this kind of thing really. That gives
    the text with any amendedments.)

    --
    Ian Jackson personal email: <[email hidden]>
    These opinions are my own. http://www.chiark.greenend.org.uk/~ijackson/
    PGP2 key 1024R/0x23f5addb, fingerprint 5906F687 BD03ACAD 0D8E602E FCF37657

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