Safe Speed Forums

The campaign for genuine road safety
It is currently Mon May 04, 2026 17:06

All times are UTC [ DST ]




Post new topic Reply to topic  [ 46 posts ]  Go to page Previous  1, 2, 3  Next
Author Message
PostPosted: Thu Mar 10, 2011 09:31 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
Steve wrote:
Those who are incapable are wards.
"the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability."


A cunning use of selective quotation which is rather beneath you, Steve. The full quotation - Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability - defines the relationship between ward and guardian rather than listing the defining characteristics of a ward. A person can be incapable etc. without being a ward - they only become a ward when a guardian is appointed. Contrariwise, a health 20 year old could be a ward, usually over a financial matter.

Quote:
Sometimes wards do extreme things, like run out into the road. Which is better: a guardian to prevent that action, or instead forcing drivers to always go slow everywhere to help prevent any mishaps?

Even if that wasn't a false dichotomy the answer to the question is not as clear cut as you phrasing of the question implies.

Quote:
I would hope that you agree that it genuinely extreme to allow incapable wards to interact with traffic without the supervision of guardians.

Your hopes would be fulfilled. But there is a large group of people who, while not being so incapable to need a guardian, find crossing the road difficult - A mothers with a pram is a good example. But such people are obliged to cross the road and any decent person driving a car would not be incensed at having to slow down or even stop to accommodate them.

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 09:33 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
RobinXe wrote:
Define "cooperation" in the context of your intended meaning please dcb.


Certainly. But only when you have defined what "pedestrians taking responsibility for their own safety" means

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 09:40 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
Boing_uk wrote:
As a driver, in many urban areas you have to expect wild pedestrians in the road and drive according to those conditions; two tonnes of steel does not give you dominion over the roadspace.


Au contraire, Boing, two tonnes of steel potentiates massive domination of your environment. Which is why car drivers have to be so bound a bout by rules and punishments to mitigate the effects of that domination. :)

Quote:
And to be fair, the attitudes of some on here, echo exactly the sentiments of the BRAKE research. Its all their fault, guv, not mine; they were in my way.
Very fair indeed

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 09:46 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
Steve wrote:
Of course. Further to that: for the folks that aren't able to judge the speed of an oncoming vehicle (even those within the limit), I sincerely question the wisdom of leaving them unsupervised when letting them interact with traffic, especially around the "two tonnes of steel".

Boing_uk wrote:
And to be fair, the attitudes of some on here, echo exactly the sentiments of the BRAKE research. Its all their fault, guv, not mine; they were in my way.

I think you are being quite unfair!


I will allow the first part of the quote to contradict the second without further comment.

Quote:
I've said it before, but I think it is worth saying again: All parties have to do their bit to ensure overall minimisation of risk:


I agree. But where we differ is that I think that bit ought to be apportioned according to the person's ability to do harm: You would apportion it according to the persons vulnerability. The first is the civilised way: the second is the law of the jungle.

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 12:27 
Offline
User

Joined: Sun Dec 07, 2008 19:11
Posts: 172
Location: Southampton
I was taught one simple rule as a pedestrian; if a vehicle is coming you wait, if it is clear you cross the road. Unfortunately this now seems to be obsolete, probably due to our so called road safety policies that seems to be telling pedestrians you can do what you like and traffic will stop.

I often see mothers walking along, talking to their friends, while their young child is some distance a head and could easily run into the road. Is this being a responsible parent? When my children were young they were made to walk alongside you so you had control over them. So often you get people with an ipod plugged into their ears or using a mobile phone while they are walking, totally oblivious as to what is around them. Is this being responsible?

As I have said before, during my driving career I have had on four occasions had people just walk out without looking, one of which was drunk, but I knew by instinct they were going to and had already taken evasive action. This was achieved by observation and anticipation not by driving around at 20 mph when the road is totally clear which is what Brake seem to be suggesting.

As for accusing drivers of blaming someone else, isn't this exactly what Brake are doing?


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 16:02 
Offline
Member
Member

Joined: Wed Feb 16, 2005 18:54
Posts: 4036
Location: Cumbria
Yeah, trains are even heavier than cars - next time I feel like a picnic on a level crossing I'll be sure to tell that nasty domineering train driver where to get off! :roll:


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 17:18 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
Mole wrote:
Yeah, trains are even heavier than cars - next time I feel like a picnic on a level crossing I'll be sure to tell that nasty domineering train driver where to get off! :roll:


Has anyone suggested that pedestrians should be allowed to picnic in the road? To save you the trouble of looking back I will tell you that the answer is no. And if they did they would be more likely to be killed by a car than by a train

But your example illustrates my point exactly. A railway train is indeed much heavier than a car so it is even more incumbent on the driver to be careful about the damage he could do to others. That is why a train driver has a long period of training, frequent re-examination, frequent health checks: why he is bound by a series of regulations which make the Highway Code look like a ladybird book: and why there is a substantial body of law governing the behaviour of pedestrians on railway property.

If you think the railway is a good model you would be proposing that pedestrians were not allowed on the road except at designated crossing points under signal control. Perhaps you are? There are plenty on the forums who would agree with you. :)

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 19:21 
Offline
Member
Member

Joined: Wed Feb 16, 2005 18:54
Posts: 4036
Location: Cumbria
No, I'm suggesting that a system of priorities based on vulnerability (however satisfying that might feel for the most vulnerable!) will be of little benefit to society.

You can train and regulate train drivers all you like, but the sad fact is, they still can't stop if someone walks out in front of them! You could make trains move at similar speeds to urban trams, and then the most vulnerable of travellers could enjoy a "shared space" with them and assert their right to use another transport corridor that their taxes help fund. HOWEVER, the price the whole of society would have to pay, would be a completely useless rail network. (oh, er, hang on... maybe that's a bad example!:wink: )

Anyway, it seem obvious to most people that if society is going to enjoy the benefits that a fast rail system can bring, there is a price to pay in terms of the freedom to roam in areas used by trains.

I see the situation with cars as being little different. If you apportion the responsibility for avoiding injury according to a vehicle's potential to cause harm, you just end up with trains that move at a snail's pace, trucks that move at walking pace, cars that move at a gentle trot, pushbikes that can got at running pace and pedestrians that can go as fast as they like! Now society has decided that pedestrians should be excluded from railways and motorways. Fine. They've decided that motorised vehicles should be excluded from certain other areas. OK. We end up with shared areas though, and unless you want to see the above apply in those areas, you can't just allocate responsibility on the ability to cause damage.

I've got a better idea! How about allocating responsibility based on the ability to stop or swerve? :twisted:


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 20:06 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
dcbwhaley wrote:
Steve wrote:
Those who are incapable are wards.
"the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability."


A cunning use of selective quotation which is rather beneath you, Steve. The full quotation - Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability - defines the relationship between ward and guardian rather than listing the defining characteristics of a ward. A person can be incapable etc. without being a ward - they only become a ward when a guardian is appointed.

On reflection I think you might be right with the application of the terminology in this case (no it wasn't a cunning tactic - please don't continue assuming all errors are actually deliberate misrepresentations).
However, it is a 'pyric victory' as the essence of the argument isn't affected. Wards/minors or however those "not capable of taking responsibility for their own safety" are defined, need supervision.

dcbwhaley wrote:
Steve wrote:
Sometimes wards do extreme things, like run out into the road. Which is better: a guardian to prevent that action, or instead forcing drivers to always go slow everywhere to help prevent any mishaps?

Even if that wasn't a false dichotomy the answer to the question is not as clear cut as you phrasing of the question implies.

I think it can be.
It would be completely irresponsible to dismiss both tuition or supervision for those who need it.

dcbwhaley wrote:
But there is a large group of people who, while not being so incapable to need a guardian, find crossing the road difficult - A mothers with a pram is a good example. But such people are obliged to cross the road and any decent person driving a car would not be incensed at having to slow down or even stop to accommodate them.

Replace the goalposts back to where they were, please.


dcbwhaley wrote:
I will allow the first part of the quote to contradict the second without further comment.

It seems one of us misunderstood what was posted.

dcbwhaley wrote:
But where we differ is that I think that bit ought to be apportioned according to the person's ability to do harm: You would apportion it according to the persons vulnerability. The first is the civilised way: the second is the law of the jungle.

I would like to think your misrepresentation was merely accidental......

I apportion responsibility to all road users (or guardians where appropriate), regardless of their mode of transport.
'Both' is the best way, and is what I called for: "All parties ..." - no mention of any onus on any particular party.

_________________
Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 20:39 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
Steve wrote:
I apportion responsibility to all road users (or guardians where appropriate), regardless of their mode of transport.

And so do I.

Quote:
'Both' is the best way, and is what I called for: "All parties ..." - no mention of any onus on any particular party.


The statement by Whynot with which I took issue was
"If pedestrians took responsibility for their own safety it would go a long way to making our roads safer."

That is a pretty clearcut illustration that at least one forum member thinks that pedestrian safety should be entirely the responsibility of the pedestrian. If that were the case, with no onus on the motorist to look to the safety of pedestrians, it would be difficult to walk the streets and impossible to cross the road

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 20:53 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
dcbwhaley wrote:
Steve wrote:
I apportion responsibility to all road users (or guardians where appropriate), regardless of their mode of transport.

And so do I.

Quote:
'Both' is the best way, and is what I called for: "All parties ..." - no mention of any onus on any particular party.


The statement by Whynot with which I took issue was

Really? I can't help thinking you're not being entirely true here...
But where we differ is that I think that bit ought to be apportioned according to the person's ability to do harm: You would apportion it according to the persons vulnerability. The first is the civilised way: the second is the law of the jungle.

So when you said "you" ... :roll:


dcbwhaley wrote:
"If pedestrians took responsibility for their own safety it would go a long way to making our roads safer."

That is a pretty clearcut illustration that at least one forum member thinks that pedestrian safety should be entirely the responsibility of the pedestrian.

:doh:
You have clearly made an obvious assumption.

A doing X doesn't mean B needn't do X

Please confirm that with the poster, instead of continuing your flawed assumption.

_________________
Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 22:24 
Offline
User

Joined: Sun Dec 07, 2008 19:11
Posts: 172
Location: Southampton
dcbwhaley wrote:
"If pedestrians took responsibility for their own safety it would go a long way to making our roads safer."

That is a pretty clearcut illustration that at least one forum member thinks that pedestrian safety should be entirely the responsibility of the pedestrian. If that were the case, with no onus on the motorist to look to the safety of pedestrians, it would be difficult to walk the streets and impossible to cross the road


Not at all dcbw, try reading the paragraph that followed. But pedestrians have to take some responsibility for their own safety or of those that they are in charge of.I am sure you would not be happy seeing a child of 3 years left by themselves alongside a main road. I would have thought being a pedestrian and thus being vulnerable, it would be in your own interest to take extra care. The safest way of remaining safe is look after your own safety and not rely on others and that applies to all whether driving walking or riding and applies equally to activities at work or in the home.


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 22:50 
Offline
Gold Member
Gold Member
User avatar

Joined: Wed Dec 08, 2004 14:26
Posts: 4364
Location: Hampshire/Wiltshire Border
Mole wrote:
I've got a better idea! How about allocating responsibility based on the ability to stop or swerve? :twisted:

Hmmm...

If you have the ability to stop "instantly", swerve easily and so on then you should have the primary responsibility to avoid others as you have the capability to do so. The less agile the road user the less responsibility would be attributed to them as their room for corrective action is less.

This actually sounds pretty sensible. :twisted:

_________________
Malcolm W.
The views expressed in this post are personal opinions and do not represent the views of Safespeed.


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 23:40 
Offline
Member
Member

Joined: Wed Feb 16, 2005 18:54
Posts: 4036
Location: Cumbria
malcolmw wrote:
Hmmm...

If you have the ability to stop "instantly", swerve easily and so on then you should have the primary responsibility to avoid others as you have the capability to do so. The less agile the road user the less responsibility would be attributed to them as their room for corrective action is less.

This actually sounds pretty sensible. :twisted:


Yes, I find that pedestrians have far better stopping distances than cars, and are much more adept at swerving... :wink:


Top
 Profile Send private message  
 
PostPosted: Thu Mar 10, 2011 23:40 
Offline
Gold Member
Gold Member

Joined: Thu Nov 09, 2006 14:06
Posts: 3654
Location: Oxfordshire
dcbwhaley wrote:
RobinXe wrote:
Define "cooperation" in the context of your intended meaning please dcb.


Certainly. But only when you have defined what "pedestrians taking responsibility for their own safety" means


I'm pretty sure I asked first!

_________________
Regulation without education merely creates more criminals.


Top
 Profile Send private message  
 
PostPosted: Fri Mar 11, 2011 23:06 
Offline
Life Member
Life Member
User avatar

Joined: Thu Jun 22, 2006 13:54
Posts: 1711
Location: NW Kent
malcolmw wrote:
Hmmm...

If you have the ability to stop "instantly", swerve easily and so on then you should have the primary responsibility to avoid others as you have the capability to do so. The less agile the road user the less responsibility would be attributed to them as their room for corrective action is less.

This actually sounds pretty sensible. :twisted:


Isn't that what shipping does? Smaller craft have to avoid the big ones which cannot stop or steer easily.

_________________
Driving fast is for a particular time and place, I can do it I just only do it occasionally because I am a gentleman.
- James May


Top
 Profile Send private message  
 
PostPosted: Sat Mar 12, 2011 00:50 
Offline
Member
Member

Joined: Wed Feb 16, 2005 18:54
Posts: 4036
Location: Cumbria
Kind of! They have the "power gives way to sail" bit, but it is tempered with sensible and pragmatic exemptions. So, for example, ANYTHING has to give way to "a vessel restricted in its ability to manoeuvre". They also have the absolutely over-riding requirement that absolutely EVERY vessel has the duty to take all possible action to avoid a collision - regardless of right of way. (So the master of a vessel that had right of way could still get "done" for trying to "prove a point" and just being bloody-minded). There are other requirements (I think) about keeping clear of "working" boats (like trawlers towing a net) and almost all harbours and ports have their own byelaws, so, for example, in some places, small ferries could have right of way over everything.


Top
 Profile Send private message  
 
PostPosted: Sat Mar 12, 2011 09:52 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
Toltec wrote:
Isn't that what shipping does? Smaller craft have to avoid the big ones which cannot stop or steer easily.


The basic rules can be summarised as: power craft give way to sailing boats ; boat to starboard has priority when on converging courses; overtaking vessel has priority; pass port side to port side when going in opposite directions. You have picked on one of the exceptions which applies to vessels "constrained by their draft" or to working boats unable to manoeuvre because of that work.

But those basic rules are paramount and, in the open sea, the Arc Royal would have to give way to a rowing boat.

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
PostPosted: Sat Mar 12, 2011 17:52 
Offline
Member
Member

Joined: Wed Feb 16, 2005 18:54
Posts: 4036
Location: Cumbria
...but the master of the rowing boat would be under an EQUAL obligation to take all possible action to avoid a collision, regardless of who had right of way. He also needs to take all reasonable steps to maintain a proper lookout and maximise his visibility.


Top
 Profile Send private message  
 
PostPosted: Sat Mar 12, 2011 22:18 
Offline
Gold Member
Gold Member

Joined: Thu Nov 09, 2006 14:06
Posts: 3654
Location: Oxfordshire
The rules of the air (and on the grounds at aerodromes) are very similar, and it should be pointed out that the significance is not in the fact that they are powered, but that their manoueverability is greater. It would be specious to liken a glider/sailboat to a pedestrian purely due to the fact that they have no engine.

_________________
Regulation without education merely creates more criminals.


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 46 posts ]  Go to page Previous  1, 2, 3  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 595 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.034s | 11 Queries | GZIP : Off ]