What would you do in this situation?
25 March 2006, 10:36 PM
#1
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What would you do in this situation?
Imagine that you've been stuck behind a TDi Passat at 48mph for ages, then you see a decent streach to pass and when you indicate and pull out to pass the TDi driver puts his foot down. 
So, no problem, down a cog, foot down and in less than a second he's gulping the fumes as you roar off. But then, coming in the opposite direction a plod car behind another car see's you and you then see him put his brake lights on as you go over a crest.
As you are fast approaching a junction to the left and right in the hidden dip do you slam on the brakes and do a quick rally stylee exit or carry on and get pulled?
A 'friend' of mine had this yesterday and 'he' opted for the exit. Even though 'he' had only been going quite so fast becase of the situation could 'he' have been reasonably excused for the actions?
Just curious.
So, no problem, down a cog, foot down and in less than a second he's gulping the fumes as you roar off. But then, coming in the opposite direction a plod car behind another car see's you and you then see him put his brake lights on as you go over a crest.As you are fast approaching a junction to the left and right in the hidden dip do you slam on the brakes and do a quick rally stylee exit or carry on and get pulled?
A 'friend' of mine had this yesterday and 'he' opted for the exit. Even though 'he' had only been going quite so fast becase of the situation could 'he' have been reasonably excused for the actions?
Just curious.
25 March 2006, 11:28 PM
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I suppose there are several issues here.
The first is that despite it being a totally mad idea you are not allowed to exceed the speed limit in order to safely overtake. In the past the IAM and most normally adjusted people would have told you to use the full performance of your car when overtaking, now the official line is that if you have to exceed the speed limit to overtake then it is unsafe to do so! As you point out this doesn't take into account the actions of other road users, never mind the most basic of common sense. In truth "doing" people who accelerate to overtake is a particular favourite pass time of the camera partnerships, hence why cameras are often placed on the only safe overtaking area for miles around.
Having established that, against all common sense or logical self preservation, exceeding the speed limit for a short period to overtake is illegal we have to consider the police car. The law states that if two police officers form the opinion that a vehicle was speeding then it was speeding. They don't need lasers or timing devices or satellites, all they need is a supply of donuts, a crayon, a bit of paper and a copper who can write and, therefore, record your number.
However, there is some indication that they are reluctant to test this "opinion of two officers" thing in court without some form of measurement. I'm not saying it never happens but I am not aware of a recent case where anyone was convicted purely on the basis of the opinion of two officers. So even if there were two officers in the car they may be unlikely to hunt you down for speeding.
The problem here is that if the two officers also formed the opinion that your driving was without due care, for example, and if they managed to note your registration number as you passed. Clearly in this situation their opinions as presented to the court would decide the case especially if further supported by their view that you were exceeding the posted limit. As the driver of the other car was clearly a plonker it is possible that they may have stopped him and requested his services as a witness.
In truth I'd guess that the driver is probably in the clear but there is a slim possibility that the police officers may have gone to all the trouble to make a case for something like driving without due care and that they may have the details of the car involved, it is highly unlikely however that any accusation of speeding alone would ever make it to court.
The first is that despite it being a totally mad idea you are not allowed to exceed the speed limit in order to safely overtake. In the past the IAM and most normally adjusted people would have told you to use the full performance of your car when overtaking, now the official line is that if you have to exceed the speed limit to overtake then it is unsafe to do so! As you point out this doesn't take into account the actions of other road users, never mind the most basic of common sense. In truth "doing" people who accelerate to overtake is a particular favourite pass time of the camera partnerships, hence why cameras are often placed on the only safe overtaking area for miles around.
Having established that, against all common sense or logical self preservation, exceeding the speed limit for a short period to overtake is illegal we have to consider the police car. The law states that if two police officers form the opinion that a vehicle was speeding then it was speeding. They don't need lasers or timing devices or satellites, all they need is a supply of donuts, a crayon, a bit of paper and a copper who can write and, therefore, record your number.
However, there is some indication that they are reluctant to test this "opinion of two officers" thing in court without some form of measurement. I'm not saying it never happens but I am not aware of a recent case where anyone was convicted purely on the basis of the opinion of two officers. So even if there were two officers in the car they may be unlikely to hunt you down for speeding.
The problem here is that if the two officers also formed the opinion that your driving was without due care, for example, and if they managed to note your registration number as you passed. Clearly in this situation their opinions as presented to the court would decide the case especially if further supported by their view that you were exceeding the posted limit. As the driver of the other car was clearly a plonker it is possible that they may have stopped him and requested his services as a witness.
In truth I'd guess that the driver is probably in the clear but there is a slim possibility that the police officers may have gone to all the trouble to make a case for something like driving without due care and that they may have the details of the car involved, it is highly unlikely however that any accusation of speeding alone would ever make it to court.
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25 March 2006, 11:29 PM
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If it was me, I'd go straight to the police station and hand myself in. I just could live the rest of my life with it on my conscience. Although there is a possibility that I'd just feel all smug and happy and want to tell a few people about it.....
25 March 2006, 11:33 PM
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Originally Posted by hedgehog
They don't need lasers or timing devices or satellites, all they need is a supply of donuts, a crayon, a bit of paper and a copper who can write and, therefore, record your number.
25 March 2006, 11:35 PM
#11
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Not strictly true Hedgehog; in the circumstances described exceeding the seped limit and driving in the manner described would have been allowable. Whether the Police officers would have given the circumstances any regard is another matter...
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