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 Post subject: Legal?
PostPosted: Tue Feb 15, 2005 00:13 
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1 Is it legal for police not to obey the speed limit without lights/siren? :roll:
2 Does a camera, fixed or mobile, require warning signs? :twisted:
3 Does a Policeman with a speed gun require a warning sign? 8-)
4 Why, on entering a private residence, can you get away with drink driving? :evil:

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PostPosted: Tue Feb 15, 2005 00:27 
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I'm from Australia so my response is only applicable here.

1. Yes, police are often required to respond in "silent" mode so as not to alert the offender.
2. Not in Australia, although we do have warning of safety cameras in the area all over the place to the point that no-one takes any notice. :?
3. Not in Australia, they can and do hide in the bushes on the side of the road. :twisted:
4. Not in Australia (Victoria at least). You can be booked for drink driving even hours later after entering your own home and then drinking if the Police have a reason for calling on you. :shock: Eg. Your car was reported as being involved in a minor collision and left the scene means they can come to your house, breathalyse you and book you for exceeding the drink driving limit even if you can prove you were drinking AFTER you got home. Sucks big time :evil:

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PostPosted: Tue Feb 15, 2005 00:41 
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1 OK then what give them the right to speed and kill someone (as speed supposedly kills) without warning.
4 Sorry i wasn't on about accident type situations, but what happens when you get home and throw a double down your neck? I have been reliably informed that this is legal in the uk....how wrong!

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Last edited by Greeny's Meanies on Tue Feb 15, 2005 00:43, edited 1 time in total.

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PostPosted: Tue Feb 15, 2005 00:41 
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M3RBMW wrote:
4. Not in Australia (Victoria at least). You can be booked for drink driving even hours later after entering your own home and then drinking if the Police have a reason for calling on you. :shock: Eg. Your car was reported as being involved in a minor collision and left the scene means they can come to your house, breathalyse you and book you for exceeding the drink driving limit even if you can prove you were drinking AFTER you got home. Sucks big time :evil:
What about getting drunk and driving your car round your own property? Here you're fairly fireproof unless you hurt someone or cause damage to other people's property I think. Probably not going to happen in the burbs of Melbourne, but on some of those "little" stations the size of Yorkshire...?

Edited to add: Greeny kind of beat me to the punch there. Hi Greeny btw.

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PostPosted: Tue Feb 15, 2005 00:46 
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Drink driving should be zero tolerance, even on private property. What happens to little johnny looking for his cat when you mow him down in a drunken stupor

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PostPosted: Tue Feb 15, 2005 00:59 
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Greeny's Meanies wrote:
Drink driving should be zero tolerance, even on private property. What happens to little johnny looking for his cat when you mow him down in a drunken stupor
Not far off is a tale I once heard from someone who worked at a fairly posh golf club. Apparently a lady got into her car smashed out of her brains and bounced off a bunch of other cars in the car park, and we're talking Bentleys etc, just missed hitting her own husband and did run over and kill her dog. No action was taken by the police as she was in a private car park - members only doncherknow :roll: . The damage IIRC was over 15 grand, and this must have been 20 years ago.

That said, even though I treat myself with zero tolerance I'm not in favour of a zero blood alcohol limit. It has the virtue of being very simple and unequivocal, but even though I will not ever drive within 24 hours of drinking (more if I was really going for it) I could still have a blood alcohol of 1 for all I know. There would be absolutely no discernable impairment, but any reading would land me in the :shock: . I think we've got it about right at the moment.

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 Post subject: Re: Legal?
PostPosted: Tue Feb 15, 2005 01:44 
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Greeny's Meanies wrote:
1 Is it legal for police not to obey the speed limit without lights/siren? :roll:
2 Does a camera, fixed or mobile, require warning signs? :twisted:
3 Does a Policeman with a speed gun require a warning sign? 8-)
4 Why, on entering a private residence, can you get away with drink driving? :evil:


1 Yes. And so it should be as long as 'observance of the speed limit on that occasion would hinder the use to which the vehicle is being put'.

2 Not in order to prosecute. But a partnership camera must be signed for costs to be recovered under the rules.

3 Nope. The cops can do what they like. However covert operations are 'not recommended' by ACPO.

4 Mostly that old defence is no longer available, and I think I'm right in saying that the police now have a power of entry to private premises without a warrant to gather evidence of drink driving. (Reasonable grounds and all that). Any BiB confirm?

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PostPosted: Tue Feb 15, 2005 10:45 
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Quote:
Greeny's Meanies wrote:
1 Is it legal for police not to obey the speed limit without lights/siren?
2 Does a camera, fixed or mobile, require warning signs?
3 Does a Policeman with a speed gun require a warning sign?
4 Why, on entering a private residence, can you get away with drink driving?


Quote:
1 Yes. And so it should be as long as 'observance of the speed limit on that occasion would hinder the use to which the vehicle is being put'.

2 Not in order to prosecute. But a partnership camera must be signed for costs to be recovered under the rules.

3 Nope. The cops can do what they like. However covert operations are 'not recommended' by ACPO.


1 but isn't that one rule for us and one for them? how do i know when to get out of the way of a speeding cop if they don't need lights. does that also mean all the time they are on "offical police business" they can drive how they like?

2 & 3 Why need signs for cameras and not police with radar guns? same thing in my book. some thing/one that'll nick you for speeding. infact shouldn't cops have more than one sign cos they can do loads more than a camera can!

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 Post subject: Re: Legal?
PostPosted: Tue Feb 15, 2005 11:31 
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SafeSpeed wrote:
Greeny's Meanies wrote:
1 Is it legal for police not to obey the speed limit without lights/siren? :roll:
2 Does a camera, fixed or mobile, require warning signs? :twisted:
3 Does a Policeman with a speed gun require a warning sign? 8-)
4 Why, on entering a private residence, can you get away with drink driving? :evil:


1 Yes. And so it should be as long as 'observance of the speed limit on that occasion would hinder the use to which the vehicle is being put'.

2 Not in order to prosecute. But a partnership camera must be signed for costs to be recovered under the rules.

3 Nope. The cops can do what they like. However covert operations are 'not recommended' by ACPO.

4 Mostly that old defence is no longer available, and I think I'm right in saying that the police now have a power of entry to private premises without a warrant to gather evidence of drink driving. (Reasonable grounds and all that). Any BiB confirm?



Quite right Paul, the police have a power of entry as long as we have reasonable grounds to suspect the driver of a vehicle is within the property, and that the driver is under the influence of alcohol/drugs.
EXAMPLE
Here's an example of an incident I attended a while ago. A group of residents saw a neighbour of their's drive his car into the street, hit a wheely bin, and come to a stop. This driver then fell out of his car, swayed up the street falling over a couple of times, and went into his house. With this information, I had REASONABLE grounds to SUSPECT he had driven the car under the influence of alcohol/drugs. About 15 mins after they report this I showed up, I spoke to the residents I entered the drivers house he blew, he failed. In court he tried the 'hip flask' defence, ie "I wasn't drunk when I crashed my car, but by the time the police arrived, I'd had a few whiskey's to steady my nerves, thats why I failed the test".
Thanks to the wintesses, and the fact I had a statement off his ex girlfriend who saw him drinking in the pub that evening this was rejected by the magistrates and he was found guilty.

I have however seen this defence work, when there is no evidence to contradict it.

PS
As for the previous statement of "what gives the police the right to speed", I'm sure you'll remember that if (heavens forbid) a burglar has you by the throat in your house. Try and use a bit of common sense. :roll:

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PostPosted: Tue Feb 15, 2005 11:50 
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Quote:
PS
As for the previous statement of "what gives the police the right to speed", I'm sure you'll remember that if (heavens forbid) a burglar has you by the throat in your house. Try and use a bit of common sense.


AND....the burgular is breaking the law...

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PostPosted: Tue Feb 15, 2005 11:56 
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Sorry I don't understand, what point are you making here, the police do break the speed limit, but its usually for a specific reason.

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PostPosted: Tue Feb 15, 2005 15:32 
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IMO as cameras and radar traps can do you for speeding on the spot, wouldn't it be better for trafcops to stop you when you are speeding and not chase you speeding themselves without blue lights for 1/4 mile ( or however far it is) before nicking you?

Also do you believe it's warranted to give £30 fine on first offence? eg fog lights

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PostPosted: Tue Feb 15, 2005 15:49 
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Greeny's Meanies wrote:
Drink driving should be zero tolerance, even on private property. What happens to little johnny looking for his cat when you mow him down in a drunken stupor


I have zero tolerance for zero tolerance!

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PostPosted: Tue Feb 15, 2005 15:57 
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basingwerk wrote:
Greeny's Meanies wrote:
Drink driving should be zero tolerance, even on private property. What happens to little johnny looking for his cat when you mow him down in a drunken stupor


I have zero tolerance for zero tolerance!


On that basingwerk, I wholeheartedly agree.

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PostPosted: Tue Feb 15, 2005 16:34 
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Greeny's Meanies wrote:
IMO as cameras and radar traps can do you for speeding on the spot, wouldn't it be better for trafcops to stop you when you are speeding and not chase you speeding themselves without blue lights for 1/4 mile ( or however far it is) before nicking you?

So I'm sitting at my favourite perch watching the motoring world go by, catching up on paperwork etc., (My favourite spot is J37 southbound entry slip on M6 :wink: ), and you see a nugget go past at 80mph in lane three. He hasn't seen me because he's concentrating so hard on the 10 foot gap between him and the car in front, putting serious pressure on him to move back into lane two.

What would you have me do GM?

Should I shine my laser on him and send him a letter telling him he's nicked at 82mph, only for him to tell me it was his Australian cousin who was driving at the time. :roll:

Or

Should I follow him and have him nicked for speeding (probably 95mph +) and aggressive tailgating. Probably other evidence of carelessness also.

I regularly follow and stop such idiots. Video also provides good evidence.

The number of toots of support you get from passing motorists is often good indication that this chap needs the personal touch :lol: .

Quote:
Also do you believe it's warranted to give £30 fine on first offence? eg fog lights


Depends.

If I can easily stop someone using fog lights, I will. If they are local, I generally give advice and a warning, second time they get the ticket. If I am unlikely to see the driver again, I'll generally offer advice. It's then down to them. If their attitude is wrong, they get a ticket.

That's the way I work. Different BiB work in different ways. Don't be surprised if you get the £30 ticket straight away.

Best thing to do is to be aware of your vehicle equipment, and make sure you do not set off with these lights already switched on, as most people tend to cite this as their defence.

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PostPosted: Tue Feb 15, 2005 17:50 
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Greeny's Meanies wrote:
Quote:
Greeny's Meanies wrote:
1 Is it legal for police not to obey the speed limit without lights/siren?
2 Does a camera, fixed or mobile, require warning signs?
3 Does a Policeman with a speed gun require a warning sign?
4 Why, on entering a private residence, can you get away with drink driving?


Quote:
1 Yes. And so it should be as long as 'observance of the speed limit on that occasion would hinder the use to which the vehicle is being put'.

2 Not in order to prosecute. But a partnership camera must be signed for costs to be recovered under the rules.

3 Nope. The cops can do what they like. However covert operations are 'not recommended' by ACPO.


1 but isn't that one rule for us and one for them? how do i know when to get out of the way of a speeding cop if they don't need lights. does that also mean all the time they are on "offical police business" they can drive how they like?



Sometimes we do not use the who0-whoos etc - on certain shouts. Depends on what we are attending - don't want our guy to flee before we can arrest him by warning him we are about to cop him red handed. Sometimes the sound of approach can worsen the violence in a situation and we are dependent on control to advise in these instances.

But as for speeding when not on a job ... we have rules and we get scammered (does not happen in my patch as we don't have scams and we inform the mobile unit if we are likely to zoom past them :lol:) but colleagues in other forces have forms to fill in if they ping a Gatso - as do fire crews and paramedic services..

Quote:
2 & 3 Why need signs for cameras and not police with radar guns? same thing in my book. some thing/one that'll nick you for speeding. infact shouldn't cops have more than one sign cos they can do loads more than a camera can!


Think you'll find that we do advertise on the web and in the papers as to targets. Also - those little repeater photo signs (in fairness to Dick) ... and no Gatso? He is warning that you are in talivan territory :wink:

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PostPosted: Tue Feb 15, 2005 22:31 
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(big intake of breath), Right firstly.....oh, I needn't bother what I was going to say has been covered in all the last few posts, thanks everyone. :D

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PostPosted: Wed Feb 16, 2005 01:04 
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I have zero tolerance for zero tolerance!


Drinking and driving = drinking and dying

Someday you'll change your mind when someone you know is affected by a drunk driver..................

anyway back to the good stuff:
Quote:
What would you have me do GM?

Should I shine my laser on him and send him a letter telling him he's nicked at 82mph, only for him to tell me it was his Australian cousin who was driving at the time.

Or

Should I follow him and have him nicked for speeding (probably 95mph +) and aggressive tailgating. Probably other evidence of carelessness also.


I would have you chase him BLUE LIGHTS FLASHING and nick him. I'm not saying i agree or disagree with your job, but i think following someone without lights when they have already broke the law is wrong. yes if assessing someone that hasn't broken the law yet.

i have been nicked for speeding a few years ago now and i was followed by an undercover bib for 2 miles before i was pulled ( i think it was incase i got any faster!) this is wrong.

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PostPosted: Wed Feb 16, 2005 11:38 
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Cops speeding.. well i find this intresting.. they (all cops) have to be on a grade1 call to be able to whiz through a speed camera legally (and report who was driving)

BUT as one traffic sargent told me while out in one of thier Volvo T5's.. Traffic cops don't have to abide by the speed limits at any time, they use common sense of the road conditions.. which was shown to me 100 in a 60 and 50 in a 30 at points

Dunno if that applies to Pc Plod in his or her Panda car.

Doesn't make sense to be honest..


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PostPosted: Wed Feb 16, 2005 11:58 
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Speed Demon wrote:
Cops speeding.. well i find this intresting.. they (all cops) have to be on a grade1 call to be able to whiz through a speed camera legally (and report who was driving)

BUT as one traffic sargent told me while out in one of thier Volvo T5's.. Traffic cops don't have to abide by the speed limits at any time, they use common sense of the road conditions.. which was shown to me 100 in a 60 and 50 in a 30 at points

Dunno if that applies to Pc Plod in his or her Panda car.

Below is an extract from a document produced by the St John Ambulance Brigade on the subject of emergency vehicles and the law, which I saw on another forum.

Quote:
EMERGENCY DRIVING AND THE LAW

Nothing below gives exemption from offences of driving recklessly,
dangerously, carelessly or without reasonable consideration for other road
users.

SPEED LIMITS
No statutory speed limit on motor vehicles shall apply to any vehicle being
used for fire brigade, ambulance or police purposes, if the observance of
that limit would be likely to hinder that use. Road Traffic Regulation Act
1984

LIGHT SIGNALS
Vehicles being used for fire brigade, ambulance or police purposes may treat a red light signal as if a "give way" sign, if observance of the red light
would be likely to hinder the use of that vehicle for that purpose.
Traffic Signs Regulations and General Directions 1994

KEEP LEFT / RIGHT SIGNS
A vehicle used for fire brigade, ambulance or police purposes may ignore
keep left and keep right signs but only in a manner or at a time not likely
to cause danger to anyone.

Traffic Signs Regulations and General Directions 1994

DOUBLE WHITE LINES
A vehicle used for fire brigade, ambulance or police purposes is exempt from the prohibition on stopping alongside a double white line system.
Traffic Signs Regulations and General Directions 1994

There appears to be no exemption from the offence of crossing solid white
lines

LEAVING VEHICLE UNATTENDED
No person shall leave, or cause or permit to be left, on a road a motor
vehicle which is unattended by a licensed driver unless the engine is
stopped and the parking brake is set. An exemption to this on stopping of
the engine is given to:
a) A fire brigade vehicle the engine of which is being used for any fire
brigade purpose.
c) A vehicle when it is being used for police or ambulance purposes
Regulation 107 Motor Vehicles (Construction and Use) Regulations, 1986

AUDIBLE WARNING INSTRUMENTS
The prohibition on the sounding an audible warning instrument whilst
stationary or in a built up area between 11.30 pm and 7.0 am are lifted for
emergency service vehicles when being used for one of the relevant purposes and it is necessary or desirable to do so to indicate to other road users the urgency of the purpose, or to warn other road users of the presence of the vehicle on the road. Road Vehicles (Construction and Use) Regulations 1986.

No motor vehicle shall be used on a road in such a manner as to cause any excessive noise which could have been avoided by the exercise of reasonable care on the part of the driver. Road Vehicles (Construction and Use) Regulations 1986.

There is no exemption from this for emergency vehicles.

The above summary is believed to be correct, but no responsibility can be
taken for its interpretation. To avoid any doubt, the Regulations themselves must be studied.

So speed limits don't apply to any police, fire service or ambulance drivers when driving on duty.

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