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Forum: Road Safety, Speed Camera and Policy News Topic: Exeter driver loses speed camera challenge |
| fisherman |
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Posted: Wed Feb 23, 2011 17:45
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Replies: 67
Views: 25849
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| We have discussed the concept of "reasonable doubt" before as it relates to speed camera offences. IIRC, even showing that the device had no valid calibration certificate was not enough for reasonable doubt to apply. Robin is realistically correct in that you have to not just introduce wh... |
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Forum: Road Safety, Speed Camera and Policy News Topic: Exeter driver loses speed camera challenge |
| fisherman |
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Posted: Wed Feb 23, 2011 17:38
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Replies: 67
Views: 25849
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| Of course this should be the case, but in reality to do this to the court's satisfaction is tantamount to a de facto proof of innocence, wouldn't you say? No. Anything the defence put forward is assessed on balance of probabilities and not the higher standard that is required of the prosecution. Th... |
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Forum: Road Safety, Speed Camera and Policy News Topic: Exeter driver loses speed camera challenge |
| fisherman |
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Posted: Wed Feb 23, 2011 17:15
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Replies: 67
Views: 25849
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| in all speeding cases the onus is on the defence to prove that the device used was 1. Not calibrated correctly 2. Different in some way from the type approved device 3. Not operated correctly 4. Had a fault Not true. It is for the prosecution to prove their case beyond reasonable doubt. To obtain a... |
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Forum: Speed, Safety, Driving and The Law Topic: Priorities |
| fisherman |
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Posted: Fri Feb 18, 2011 15:56
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Replies: 30
Views: 10160
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| In my simple view no punishment content equals "I've got away with it." There will always be punishment of some kind. When sentencing an adult case the bench will have a number of aims in mind. Punishment, rehabilitation, deterrence and public protection being the main ones. We decide the... |
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Forum: Speed, Safety, Driving and The Law Topic: Priorities |
| fisherman |
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Posted: Thu Feb 17, 2011 12:24
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Replies: 30
Views: 10160
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| So on the one hand we have violent thuggish behaviour resulting in serious (possibly perminant) injuries being treated as being of no more importance than that of somebody "Flipping the bird" to a speed cam, whereas violent thuggish behaviour that causes no injuries whatsoever results in ... |
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Forum: Road Safety, Speed Camera and Policy News Topic: Fined For Warning About Camera |
| fisherman |
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Posted: Mon Jan 17, 2011 11:29
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Replies: 36
Views: 15570
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SafeSpeedv2 wrote: I know that Fisherman only ever tries to show things 'as they are' from the legal perspective. Which can seem 'clinical' to some but are 'as they are', as it were.
Thank you for that, it sums up (to coin a phrase!) why I post here. |
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Forum: Speed, Safety, Driving and The Law Topic: Continuous Insurance |
| fisherman |
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Posted: Mon Jan 17, 2011 11:25
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Replies: 40
Views: 12533
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SafeSpeedv2 wrote: Does SORN prevent un-insured drivers driving - I don't think so Most people who SORN have no intention of driving the vehicle. There are some who SORN to save on insurance and drive the car anyway. I don't see how this will affect those people. |
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Forum: Speed, Safety, Driving and The Law Topic: Continuous Insurance |
| fisherman |
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Posted: Mon Jan 17, 2011 11:16
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Replies: 40
Views: 12533
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| My guess would be that SORNed vehicles would be exempt from insurance. The proposal is that the situation should be exactly as it is with car tax. EITHER insured or SORN'd. Not both. What would happen if a "joy rider" takes your car? Use without the owners permission is unlawful and would... |
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Forum: Road Safety, Speed Camera and Policy News Topic: Fined For Warning About Camera |
| fisherman |
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Posted: Fri Jan 07, 2011 19:08
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Replies: 36
Views: 15570
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| which is the experience I describe, based mainly on my time working in the Magistrates Court, The only work in the magistrates courts system which would give the knowledge you claim would be that of a court clerk. So that people reading this can get an idea of how much experience you have - for how... |
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Forum: Road Safety, Speed Camera and Policy News Topic: Fined For Warning About Camera |
| fisherman |
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Posted: Fri Jan 07, 2011 15:32
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Replies: 36
Views: 15570
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| I am sad to say that I am unsurprised that the magitrates convicted; of those I know, precious few are capable of critical thought, even fewer are inclined to apply it to a case presented by the prosecution, and I'm not sure if more than one or two are even aware of the concept of presumption of in... |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Tue Jan 04, 2011 20:30
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Replies: 18
Views: 7209
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| Fisherman, could you post a link to the DVLA information please (btw, I'm not aruguing with you, just being lazy) http://www.direct.gov.uk/en/Motoring/BuyingAndSellingAVehicle/ImportingAndExportingAVehicle/DG_10014623 I frequently drive a foreign registered car in the UK, but I am interested in the... |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Tue Jan 04, 2011 20:24
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Replies: 18
Views: 7209
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billyfat wrote: I don't like that fuzzy definition of "keeper" versus "registered keeper" though. That needs sorting out. Who lets these badly phrased laws get through ... Its actually more confusing than that. Different laws use different phrases. Those two usually make things easier to follow. |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Tue Jan 04, 2011 20:22
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Replies: 18
Views: 7209
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| EU vehicles brought into the UK can be used for six months in any 12-month period. You do not need to register the vehicle in the UK as long as you can show that the vehicle complies with the registration and tax requirements of its home country. Read a couple of lines down from that and you will s... |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Mon Jan 03, 2011 08:12
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Replies: 18
Views: 7209
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| So there could be some sort of loophole somewhere, but it's just not worth it. I couldn't agree more. My heart sinks when it becomes clear that a defendant is following one of these hopeless defences. I have seen defendants claim they can't be prosecuted because the police officer wasn't wearing hi... |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Mon Jan 03, 2011 07:54
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Replies: 18
Views: 7209
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| The keeper and the registered keeper are the same person at all times, in this arrangment. The term "keeper" causes a lot of confusion. Not least because the legal system tends to use "registered keeper" to denote the person in whose name the car is registered and "keeper&q... |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Sun Jan 02, 2011 22:18
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Replies: 18
Views: 7209
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| Can you say what would be the case if the owner, be it an individual or a company, was resident overseas, but allowed the driver resident in the UK as a named driver on a temporarily imported vehicle? Granted the continuous temporary importing/exporting of vehicles between the countries could becom... |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Sun Jan 02, 2011 22:07
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Replies: 18
Views: 7209
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| The rule says that if the keeper becomes resident, then the car must be registered here. But if you have an EU car, with a keeper who lives in, say, north America.... well, this is a good, legal and proper plan, as far as I can see. The registered keeper ( ie the person whose name appears on the re... |
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Forum: Speed, Safety, Driving and The Law Topic: Register your vehicle abroad!! |
| fisherman |
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Posted: Sun Jan 02, 2011 20:59
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Replies: 18
Views: 7209
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| My parents live in France, so I guess it would be simple for me to register a vehicle there, as my family are backwards and forwards to France often enough! Simple but unlawful. The circumstances under which a foreign registered vehicle can be driven in the UK are limited. One of the limits is that... |
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Forum: Speed, Safety, Driving and The Law Topic: If caught by a camera,an infallible way to avoid a ticket |
| fisherman |
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Posted: Mon Dec 20, 2010 16:16
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Replies: 36
Views: 12535
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| I think a definitive judgment of the likely outcome of this method could only be made after a case of this sort has actually gone to court, as I am sure it would make news. So far as I can tell, this has not yet been tested in the courts. This is not the first time this particular idea has been put... |
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Forum: Speed, Safety, Driving and The Law Topic: If caught by a camera,an infallible way to avoid a ticket |
| fisherman |
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Posted: Sat Dec 18, 2010 17:56
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Replies: 36
Views: 12535
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| The mere fact of putting it in the post does not constitute service.It has to be delivered through the letterbox or personally by hand to prove service. This covers what is or is not proof of service. The Interpretation Act 1978 s7 References to service by post. Where an Act authorises or requires ... |
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