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PostPosted: Mon Jul 26, 2010 20:38 
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From the Daily Mail.

http://www.dailymail.co.uk/news/article ... -time.html

EFA

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Last edited by CJG on Mon Jul 26, 2010 22:46, edited 1 time in total.

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PostPosted: Mon Jul 26, 2010 20:42 
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Given that the convicted driver received a suspended gaol sentence, "walks free from court" isn't really an accurate description of the outcome, as it implies he was acquitted.

"Driver who killed trainee barrister avoids gaol" would be more appropriate.

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PostPosted: Mon Jul 26, 2010 22:29 
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Harsh, but I can't help feeling this is justice. Had either party been paying full attention then the incident would not have happened. My take is that the judge recognised that both parties had a hand in the outcome of this terrible accident.

I know this comment will get certain people screaming at me that I condone her death. All I am saying is, if she had paid attention to the road whilst crossing she'd still be here, also if the driver had given full attention he would have noticed a dozey pedestrian jaywalking and she'd still be here. Perhaps this is a step to making it clear that we ALL have a responsibilty to road safety, not just motorists.


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PostPosted: Mon Jul 26, 2010 22:45 
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Odin wrote:
Harsh, but I can't help feeling this is justice. Had either party been paying full attention then the incident would not have happened. My take is that the judge recognised that both parties had a hand in the outcome of this terrible accident.

I know this comment will get certain people screaming at me that I condone her death. All I am saying is, if she had paid attention to the road whilst crossing she'd still be here, also if the driver had given full attention he would have noticed a dozey pedestrian jaywalking and she'd still be here. Perhaps this is a step to making it clear that we ALL have a responsibilty to road safety, not just motorists.



There'll be no screaming from me. You're right and so was the judge. I've done RoADA driver training and I've been taught to look at either side of a pelican crossing when the amber lights are flashing. If there is a pedestrian on the crossing, I must stay put until the crossing is clear.

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PostPosted: Mon Jul 26, 2010 23:49 
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Odin wrote:
Harsh, but I can't help feeling this is justice. Had either party been paying full attention then the incident would not have happened. My take is that the judge recognised that both parties had a hand in the outcome of this terrible accident.

.


Right - I haven't had the benefits of advanced road safety training ,but for a lot of years I've had to set up safe systems of work on the West Coast Main line( and been trained and tested/retested on my ability to do so ) - taking blokes out to work on a 125MPH road where the driver can't swerve if someone steps out in front . First big NO NO -walking about in front of traffic whilst talking on a mobile - banned by Network Rail some years ago - so why don't the HA do likewise . Anyone doing that on my safe system would have had their card removed so fast it would have melted .No card =no work . Yet we still let these idiots ,either on foot or worse still ,on bike endanger themselves on a phone on the public highway . IT'S AN OFFENCE FOR A CAR DRIVER -so why/why not for a cyclist/pedestrian .Time for one law for all road users ,methinks .

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PostPosted: Tue Jul 27, 2010 08:35 
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Odin wrote:
Perhaps this is a step to making it clear that we ALL have a responsibilty to road safety, not just motorists.


If she had survived the accident would you have wanted to see the young lady prosecuted and receiving a similar punishment to the driver?

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PostPosted: Tue Jul 27, 2010 09:26 
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dcbwhaley wrote:
If she had survived the accident would you have wanted to see the young lady prosecuted and receiving a similar punishment to the driver?

Not necessarily. What's the going rate for Jaywalking penalties?

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PostPosted: Tue Jul 27, 2010 09:35 
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dcbwhaley wrote:
Odin wrote:
Perhaps this is a step to making it clear that we ALL have a responsibilty to road safety, not just motorists.


If she had survived the accident would you have wanted to see the young lady prosecuted and receiving a similar punishment to the driver?


Do I think that jaywalking should be an offense? Yes.

The same punishment? No, because like it or not, the motorist should always carry the greater responsibilty, however, I do not condone the idea that all other road users are excused of blame.


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PostPosted: Tue Jul 27, 2010 09:49 
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Steve wrote:
dcbwhaley wrote:
If she had survived the accident would you have wanted to see the young lady prosecuted and receiving a similar punishment to the driver?

Not necessarily. What's the going rate for Jaywalking penalties?


I don't know. But death does seem to be a rather extreme penalty.

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PostPosted: Tue Jul 27, 2010 09:53 
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Odin wrote:
Do I think that jaywalking should be an offense? Yes.

How would you define jay-walking? As a specific offence of ignoring a pedestrian signal, or in a more subjective manner like careless driving?

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PostPosted: Tue Jul 27, 2010 09:58 
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dcbwhaley wrote:
Steve wrote:
dcbwhaley wrote:
If she had survived the accident would you have wanted to see the young lady prosecuted and receiving a similar punishment to the driver?

Not necessarily. What's the going rate for Jaywalking penalties?


I don't know. But death does seem to be a rather extreme penalty.

Are drivers put to death as “punishment”?
Saying that, I reckon there are some folks who say even that doesn't go far enough.....

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PostPosted: Tue Jul 27, 2010 09:59 
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dcbwhaley wrote:
Odin wrote:
Do I think that jaywalking should be an offense? Yes.

How would you define jay-walking? As a specific offence of ignoring a pedestrian signal, or in a more subjective manner like careless driving?

An open question: how is it defined in other countries where such laws are enacted?

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PostPosted: Tue Jul 27, 2010 10:02 
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It is hard to see how you could have a jaywalking law except in areas where designated pedestrian crossings (whether Pelicans or zebras) were provided at very frequent intervals.

It is, after all, not an offence to walk in the roadway, whether or not a pavement is provided.

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PostPosted: Tue Jul 27, 2010 10:07 
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Steve wrote:
An open question: how is it defined in other countries where such laws are enacted?

http://en.wikipedia.org/wiki/Jaywalking

And I can resist quoting this "According to one historian, the earliest known use of the word jaywalker in print was in the Chicago Tribune in 1909.[2] (The earliest citation in the Oxford English Dictionary is from 1917.) The term's dissemination was due in part to a deliberate effort by promoters of automobiles, such as local auto clubs and dealers, to redefine streets as places where pedestrians do not belong."

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PostPosted: Tue Jul 27, 2010 10:10 
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PeterE wrote:
It is hard to see how you could have a jaywalking law except in areas where designated pedestrian crossings (whether Pelicans or zebras) were provided at very frequent intervals.

It is, after all, not an offence to walk in the roadway, whether or not a pavement is provided.


But it could be made an offence. In some jurisdictions it is an offence to cross the road within 20 metres of a crossing. And often an offence to disobey pedestrian light signals.

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PostPosted: Tue Jul 27, 2010 10:14 
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dcbwhaley wrote:
PeterE wrote:
It is hard to see how you could have a jaywalking law except in areas where designated pedestrian crossings (whether Pelicans or zebras) were provided at very frequent intervals.

It is, after all, not an offence to walk in the roadway, whether or not a pavement is provided.

But it could be made an offence. In some jurisdictions it is an offence to cross the road within 20 metres of a crossing. And often an offence to disobey pedestrian light signals.

Yes, but as I said, you could only have such an offence where there were frequent designated crossing points. Personally I don't see the point as it would be widely ignored and largely unenforceable.

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PostPosted: Tue Jul 27, 2010 11:54 
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PeterE wrote:
dcbwhaley wrote:
But it could be made an offence. In some jurisdictions it is an offence to cross the road within 20 metres of a crossing. And often an offence to disobey pedestrian light signals.

Yes, but as I said, you could only have such an offence where there were frequent designated crossing points. Personally I don't see the point as it would be widely ignored and largely unenforceable.

I don't see why you need frequent crossing points to make their use, where present, mandatory? Enforcement would be easy with cameras.

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PostPosted: Tue Jul 27, 2010 11:56 
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botach wrote:
for a lot of years I've had to set up safe systems of work on the West Coast Main line( and been trained and tested/retested on my ability to do so ) - taking blokes out to work on a 125MPH road where the driver can't swerve if someone steps out in front


Working on a high speed rail line and crossing a road at a designated place are hardly comparable activities are they?

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PostPosted: Tue Jul 27, 2010 14:20 
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dcbwhaley wrote:
Working on a high speed rail line and crossing a road at a designated place are hardly comparable activities are they?


At a time when the crossing lights were flashing amber, and as I understand it, it being an offence to enter the crossing in a vehicle whilst somebody is on it.

Bizzare decision here.


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PostPosted: Tue Jul 27, 2010 15:13 
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weepej wrote:
dcbwhaley wrote:
Working on a high speed rail line and crossing a road at a designated place are hardly comparable activities are they?


At a time when the crossing lights were flashing amber, and as I understand it, it being an offence to enter the crossing in a vehicle whilst somebody is on it.

Bizzare decision here.

Was the green man flashing when she started to cross? Would she have done so if she had not been on her phone?

Perfectly reasonable decision, unless one advocates the absolution of pedestrian responsibility in road safety. The motorist has been punished, he has not been aquitted of the charges brought before him, the sentence IMHO reflects both parties involvement in the outcome.


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