Near miss
Comments
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The highway code is not law it is a set of rules if it was law to use your handbrake while at traffic light's it would hasve a lasw number set by parliament so if your summons to court they will say what law number you have broken
You clearly have a problem understanding this as regards Rule 114
Wording of The Highway Code
Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent
to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an
explanation of the abbreviations
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The highway code is not law it is a set of rules if it was law to use your handbrake while at traffic light's it would hasve a lasw number set by parliament so if your summons to court they will say what law number you have broken
This is quite correct there are a lot of guidelines within the highway code that are not laws in the true sense of the word.
v9
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Valucan all driving offences are not criminal if they were a awful lot of drivers would have a criminal record's and as stated the handbrake is not a law it as no law number
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My understanding of the Highway Code, is that they are the rules of the road -the standard - instructions and information.
Failing to abide by them, doesn't always mean that you have commi an offence. That is decided on what results from your actions. And then dependin on the serverity of the outcome, will depend if your actions are considered a motoring offence or a criminal
one!Also please consider that the "park" on an auto box, locks the transmission to the vehicles frame and not the engine, which is connected via a fluid clutch. Leaving a manual car in gear, doesn't and you are relaying on the engines compression to hold the
vehicle stationapry, so apply the hand brake!0 -
The highway code is not law it is a set of rules if it was law to use your handbrake while at traffic light's it would hasve a lasw number set by parliament so if your summons to court they will say what law number you have broken
This is quite correct there are a lot of guidelines within the highway code that are not laws in the true sense of the word.
v9
I quite agree but the two rules refered to are as they are defined as "‘MUST/MUST NOT’"
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What i find these days is that the public are far more in tune with the "law" than at any time before.I do think that the police have been guilty of misleading the public in the past.Nowadays the public are far more inclined to question what is the law and
not just accept what they are told is the law by some ill informed individual.v9
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I've been hit from the rear three times when stationary -- once at Traffic Lights and twice at Pedestrian Crossings ( both of these had pedestrians actually on the crossing ) -- so if you don't mind I'll continue to apply
the H/Brake AND keep on 'pumping the foot brake. That way I'll stand a chance of being noticed by the dozing brigade !0 -
The highway code is not law it is a set of rules if it was law to use your handbrake while at traffic light's it would hasve a lasw number set by parliament so if your summons to court they will say what law number you have broken
This is quite correct there are a lot of guidelines within the highway code that are not laws in the true sense of the word.
v9
I quite agree but the two rules refered to are as they are defined as "‘MUST/MUST NOT’"
In the event of a prosecution for a driving offence or an accident the Highway Code may not be law but any breach of it might just as well be.
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My Citroen will not allow me to leave the car without applying the electronic handbrake (a loud buzzer is activated when the door is opened) plus I cannot park the car without the handbrake coming on when the ignition is off.
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I've been hit from the rear three times when stationary -- once at Traffic Lights and twice at Pedestrian Crossings ( both of these had pedestrians actually on the crossing ) -- so if you don't mind I'll continue to apply
the H/Brake AND keep on 'pumping the foot brake. That way I'll stand a chance of being noticed by the dozing brigade !Write your comments here... Likewise I've been clobbered in the rear at traffic lights , thankfully I didn't have the handbrake on or the damage to me or my car would have been more severe.So for me it's foot brake on until vehicle behind has come to complete
stop ,and hope for no "chain reaction" smack.0 -
The highway code is not law it is a set of rules if it was law to use your handbrake while at traffic light's it would hasve a lasw number set by parliament so if your summons to court they will say what law number you have broken
Not realy linked with OP but be aware of not following that guidance in the Highway Code when no specific law is made, you can be caught out. For example, in those advisory speed areas/zones, if you have an accident above the 'advised' speed you may well be prosecuted for not showing due care and attention to the advice given.
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The highway code is not law it is a set of rules if it was law to use your handbrake while at traffic light's it would hasve a lasw number set by parliament so if your summons to court they will say what law number you have broken
Not realy linked with OP but be aware of not following that guidance in the Highway Code when no specific law is made, you can be caught out. For example, in those advisory speed areas/zones, if you have an accident above the 'advised' speed you may well be prosecuted for not showing due care and attention to the advice given.
Only if it can be proven beyond reasonable doubt that your disregard for the advised limit was the primary cause of the incident.
it may well be very difficult & costly to disprove it! Would it be reasonable to disregard the advice? I think not, and certainly not worth the risk of points or licence lost!
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They do not have to prove any incident was caused by your speed but only that the speed was sufficient to qualify as an offence. I doubt that any speed within the speed limit would produce a conviction unless on a bad corner or something similar.
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Valucan all driving offences are not criminal if they were a awful lot of drivers would have a criminal record's and as stated the handbrake is not a law it as no law number
I think it needs a bit of clarity as to a criminal conviction and criminal record.
When someone is guilty of any offence in a magistrates’ court or a Crown Court they have a criminal conviction, which includes the range of road traffic offences from not wearing a seat belt through to death by dangerous driving. Endorsable fixed penalties
(ones that give points) are treated as if the points were given by a court (s58 Road Traffic Offenders Act 1988). Non endorsable fixed penalty notices and those issued by councils for parking are not criminal convictions.But not every criminal conviction will lead to a criminal record. Generally road traffic act offences, such as death by dangerous or careless driving, drink driving, which can result in imprisonment (even if they don't actually get sentenced to a period
of imprisonment) will give a person a criminal record on the Police National Computer. As to points on a licence being called a criminal record.......... complex I'm not going there.0 -
The highway code is not law it is a set of rules if it was law to use your handbrake while at traffic light's it would hasve a lasw number set by parliament so if your summons to court they will say what law number you have broken
Not realy linked with OP but be aware of not following that guidance in the Highway Code when no specific law is made, you can be caught out. For example, in those advisory speed areas/zones,
if you have an accident above the 'advised' speed you may well be prosecuted for not showing due care and attention to the advice given.Only if it can be proven beyond reasonable doubt that your disregard for the advised limit was the primary cause of the incident.
it may well be very difficult & costly to disprove it! Would it be reasonable to disregard the advice? I think not, and certainly not worth the risk of points or licence lost!
It for the prosecution to prove the defendants guilt, not the defendant to prove his or her innocents.
and that they have done! Not worth believing for one moment that you can disregard the advice given on that road signage!
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Another part of this discussion which needs clarity is about using the parking brake (handbrake). It is worth reading the following section of the Road Vehicles (Construction and Use) Regulations 1986. Not attended means not being in it in a position to control the vehicle, so being stationary at traffic lights is not covered, the Highway Code is advisory on this. Those who do leave their automatic vehicle on a public road in park and don't set the parking brake might want to review their how they leave their vehicles.
Leaving motor vehicles unattended:
107.—(1) Save as provided in paragraph (2), no person shall leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set.
(2) The requirement specified in paragraph (1) as to the stopping of the engine shall not apply in respect of a vehicle—
being used for ambulance, fire brigade or police purposes; or
(b) in such a position and condition as not to be likely to endanger any person or property and engaged in an operation which requires its engine to be used to—
(i) drive machinery forming part of, or mounted on, the vehicle and used for purposes other than driving the vehicle; or
(ii) maintain the electrical power of the batteries of the vehicle at a level required for driving that machinery or apparatus.
(3) In this regulation “parking brake” means a brake fitted to a vehicle in accordance with requirement 16 or 18 in Schedule 3.0 -
Stopping at traffic lights etc and causing your brake lights to dazzle other drivers due to the fact you have not applied your handbrake and are holding the vehicle on the foot brake is covered
in
RVLR reg
27/11Restrictions on the use of lamps other than those to which regulation 24 refers
27. No person shall use, or cause or permit to be used, on a road any vehicle on which any lamp, hazard warning signal device or warning beacon of a type specified in an item in column 2 of the Table below is used in a manner specified
in that item in column 3.11
Any other lamp
Used so as to cause undue dazzle or discomfort to other persons using the road.
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Regulation 34c:
No person shall bore the pants off another person by repeatably quoting seperate rules and regulations, when rule 34d will apply.
Rule 34d:
Provide a link to all the rules, and persons can read it at their leisure if they so wish.
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Leaving the law aside for a moment, am I alone in thinking it is common sense and good manners to use the handbrake and take your foot off the brake at night when someone is behind you to avoid dazzling them.
True story, I was 18 at collage my friend was driving his old Triumph on the Wolverhampton road a duel carriageway just up from hen and chickens’ we were heading down hill turning right across the carriageway. His handbrake wasn’t so good most weren’t back
then he was holding on foot brake as well.A car hit the car behind him and I do mean hit it, hit it so hard the car behind smashed into my mates car wrote all 3 cars off
We were pushed right into the oncoming traffic despite my mate having his foot on foot brake the car coming other way at 40 to 50 MPH in his overtaking lane swerved and by a hairs breathe missed us. If we had been on hand brake alone we would have gone much
further into traffic and been hit head on so sorry to all but I am really glad he had the foot brake on at the time.I have no problem at all by brake lights in traffic (Almost 40 years driven and never found it an issue) I do not feel dazzled or blinded by anyone parked with brake lights on it does not cause me any issue at all but then I am not easily offended or upset
and I live and let live if your eyes are that sensitive you might need some help with them.Just my thoughts and of course being human I might be wrong
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