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PostPosted: Tue Sep 06, 2005 19:42 
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http://www.hartlepoolmail.co.uk/ViewArticle2.aspx?SectionID=1109&ArticleID=1136455

Another home goal for the SCP

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The officer was caught out by the controversial mobile speed camera on the A179 Easington Road near the University Hospital of Hartlepool.
And now he is prepared to go to court to dispute the ticket which was issued after he was caught in his unmarked police car travelling at 35mph in a 30 zone.
He also received a £60 fine and had three points put on his licence.
The officer, from Durham Constabulary, who did not wish to be named, said he was on his way to interview the victim of a crime who was being treated at Hartlepool Hospital.
''I was issued with a ticket saying I was travelling at 35mph, but I am taking legal advice," said the officer.
However, those responsible for the camera have insisted that police officers and any other members of the emergency services should not be above the law.
Mick Bennett, public relations manager for the Cleveland Safety Camera Partnership, said: "Whenever a police vehicle is caught by a camera, the force is notified and asked to provide an explanation. If that explanation is not satisfactory then a fine is issued."
He added: "There is not a law for one and a law for another. If there is a genuine reason why the emergency services are breaking the speed limit, such as answering an emergency call, then they are protected by law. But if not, they are treated the same way as anyone else.
"We have given fines to police cars, ambulances and fire engines in the past as they can kill people too."
Neither Durham Police nor the Police Federation were willing to comment on the matter.
The mobile camera has caught thousands of people in recent years including 1,500 in the space of just four hours on the A179.
A stretch of that road has come under fire from Hartlepool councillors, who have called for the speed limit to be increased to 40mph.
However, officers at Hartlepool Borough Council are recommending that the speed limit remains unchanged because of its good accident record and because pedestrians would find it harder to cross if traffic was moving at a faster speed.
Councillors will consider the report at a meeting of the culture, housing and transportation porfolio tomorrow.



Must make them very proud.... :x

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PostPosted: Tue Sep 06, 2005 20:19 
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A Durham copper? No doubt we'll get the full SP from In Gear :popcorn: but if the article is reasonably accurate it sounds like yet another case of the SCP mob shutting their goolies in the drawer.

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PostPosted: Tue Sep 06, 2005 21:33 
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but


Last edited by camera operator on Sat Sep 23, 2006 18:19, edited 1 time in total.

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PostPosted: Tue Sep 06, 2005 22:20 
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camera operator wrote:
but on the other hand if the ticket was pulled no doubt everyone would say that it was ok,

if he was not on an immediate response what is the difference


The real difference is common sense. We need common sense.

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PostPosted: Tue Sep 06, 2005 23:35 
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He deserves a ticket as much as any other person would who was caught in those circumstances. I totally agree with treating him like everyone else.

Whether everyone should be getting tickets based solely on them doing 35 in a 30 zone is another matter.


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PostPosted: Wed Sep 07, 2005 00:28 
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stevei wrote:
He deserves a ticket as much as any other person would who was caught in those circumstances. I totally agree with treating him like everyone else.

Whether everyone should be getting tickets based solely on them doing 35 in a 30 zone is another matter.


Exactly, can't really argue with that.


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PostPosted: Wed Sep 07, 2005 01:51 
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stevei wrote:
He deserves a ticket as much as any other person would who was caught in those circumstances. I totally agree with treating him like everyone else.

Yes, but isn't it an exception if it's a vehicle being used for police purposes? After all, that's how that copper sucessfully defended doing a hundred and whatever. Besides, it's really a public perception thing, and it's going to polarise opinions further. Some will be glad he's been done, either because they've been done themselves and it's good old fashioned schadenfreude (sp?) or because they want to see veryone, plod included, as equal before the law (a much better reason IMO). Others will look at it as another example of punishing someone in the emergency services who is expected to put their toe down now and again, and categorize it with the ambulance driver delivering a thawing liver etc.

The real question is, or should be, simply whether or not he was safe. Not a question that gets asked much in the media and courts unfortunately.

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PostPosted: Wed Sep 07, 2005 07:35 
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The difference as I see it, Gatsobait, is one of necessity. The chap who was supposedly testing the new police car managed to argue that it was necessary to drive at the speeds he did, as he might need to do that in an emergency.

There are precedents for when it is acceptable for them to speed and when it isn't, and they are well aware of this. That police officer knew when he was doing 35mph that if he were caught, the context of his journey would be one where it is not typically judged to have been necessary to speed. I suggest that, like most people on the road, he was speeding not because he thought it was necessary, but because he thought he could probably get away with it, and felt more comfortable with 35mph than 30.

I don't agree that they should ask whether or not he was safe, unless you are advocating that this should apply in all speeding cases. The problem is that it is close to impossible to determine whether it was truly safe, or whether the driver is incurring an increase in risk of 0.00000000001% that will, over large numbers of examples of drivers incurring the same miniscule increase in risk, increase the accident rate.


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PostPosted: Wed Sep 07, 2005 09:17 
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stevei wrote:
The difference as I see it, Gatsobait, is one of necessity. The chap who was supposedly testing the new police car managed to argue that it was necessary to drive at the speeds he did, as he might need to do that in an emergency.

I would have said going to see a victim of crime in hospital at 35mph is arguably of at least as much value to society, and therfore a necessity. Just my two pennyworth, and obviously it doesn't relieve him of the obligation to drive safely at whatever speed. We don't really know the circumstances in this instance - how busy was it, what were the weather conditions like, what's the nature of the road where the officer was speeding and so on. I'd hope the court got all that info and was able to make a decision about how safe or dangerous it was, but speeding being an absolute offence there doesn't seem to be any obligation to consider that.

stevei wrote:
I don't agree that they should ask whether or not he was safe, unless you are advocating that this should apply in all speeding cases.

I am in a way. :)

stevei wrote:
The problem is that it is close to impossible to determine whether it was truly safe, or whether the driver is incurring an increase in risk of 0.00000000001% that will, over large numbers of examples of drivers incurring the same miniscule increase in risk, increase the accident rate.

I don't think the test is a realistic one. No speed is ever "truly safe" as in absolutely zero risk to anyone. I can't think of any behaviour or activity that doesn't carry with it some element of risk, no matter how tiny. We can't ask if a driver's behaviour is absolutely safe, since it never will be. We can only ask, and IMO we should be asking, if it carried an acceptably low level of risk in the circumstances. I feel that this question should be asked at every stage in the process. At the point of the offence someone should be asking if the behaviour carries a level of risk that justifies prosecution (not really possible while they rely on cameras to do the job of coppers), and courts/CPS should be asking if prosecution is in the public interest.

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PostPosted: Wed Sep 07, 2005 10:50 
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Gatsobait wrote:
I would have said going to see a victim of crime in hospital at 35mph is arguably of at least as much value to society, and therfore a necessity.

I was referring to the speed as the necessity, not the journey itself. I don't see that time was of the essence in this case.

Gatsobait wrote:
I don't think the test is a realistic one. No speed is ever "truly safe" as in absolutely zero risk to anyone.

That's not the test I'm suggesting, the test is whether there is an increase in risk, no matter how small, compared to driving at the speed limit. The powers that be have decided what the tradeoff will be, they have set the maximum permitted level of speed-related risk.


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PostPosted: Wed Sep 07, 2005 10:54 
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stevei wrote:
That's not the test I'm suggesting, the test is whether there is an increase in risk, no matter how small, compared to driving at the speed limit.

but who says driving AT the speed limit is safe in the first place?


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PostPosted: Wed Sep 07, 2005 11:03 
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johnsher wrote:
stevei wrote:
That's not the test I'm suggesting, the test is whether there is an increase in risk, no matter how small, compared to driving at the speed limit.

but who says driving AT the speed limit is safe in the first place?


Exactly. Which brings us back to common sense.

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PostPosted: Wed Sep 07, 2005 11:11 
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johnsher wrote:
but who says driving AT the speed limit is safe in the first place?

Nobody. As I said in the bit you omitted, it is a level of risk laid down in law as being acceptable, not "risk free".


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PostPosted: Wed Sep 07, 2005 11:52 
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stevei wrote:
johnsher wrote:
Nobody. As I said in the bit you omitted, it is a level of risk laid down in law as being acceptable, not "risk free".

no, it may actually be quite unacceptable to drive at the speed limit, for example is doing 70mph (on a motorway) in heavy fog an acceptable level of risk?


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PostPosted: Wed Sep 07, 2005 11:55 
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stevei wrote:
johnsher wrote:
but who says driving AT the speed limit is safe in the first place?

Nobody. As I said in the bit you omitted, it is a level of risk laid down in law as being acceptable, not "risk free".


But that's rubbish. Hitting a drunk pedestrian standing in the road at 29.9mph is far from acceptable...

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PostPosted: Wed Sep 07, 2005 12:06 
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Quote:
"We have given fines to police cars, ambulances and fire engines in the past as they can kill people too."


That's ridiculous! They can save lives too...

Quote:
Hitting a drunk pedestrian standing in the road at 29.9mph


Appealing notion... sometimes I wonder whether I would stop for a pedestrian while moving at 29.9mph - least I can't get a speeding fine, that of course is what matters most (!) :lol:

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PostPosted: Wed Sep 07, 2005 12:18 
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stevei wrote:
I don't agree that they should ask whether or not he was safe, unless you are advocating that this should apply in all speeding cases. The problem is that it is close to impossible to determine whether it was truly safe, or whether the driver is incurring an increase in risk of 0.00000000001% that will, over large numbers of examples of drivers incurring the same miniscule increase in risk, increase the accident rate.


I was with you up until this part, but I don't think that reasoning like this is of much value. Once you start multiplying out tiny numbers that are too small to be accurate or significant, you are multiplying out the error too which is a serious fallacy. Also there are too many other factors involved which may have a larger effect, concentration taken away from the road being the most obvious one. Even if it's a 0.1% concentration change, it outweighs the benefit 10 billion times in your example.


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PostPosted: Wed Sep 07, 2005 14:44 
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SafeSpeed wrote:
Hitting a drunk pedestrian standing in the road at 29.9mph is far from acceptable...

I didn't say it is. If people would actually read what was said instead of selectively quoting to misrepresent people's views, it would all be much easier, e.g.
stevei wrote:
The powers that be have decided what the tradeoff will be, they have set the maximum permitted level of speed-related risk.

But then I'm fairly convinced that many people on here don't actually care what people are trying to convey, they're happy to deliberately misunderstand, then argue against something that the person wasn't saying at all.


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PostPosted: Wed Sep 07, 2005 15:58 
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stevei wrote:
SafeSpeed wrote:
Hitting a drunk pedestrian standing in the road at 29.9mph is far from acceptable...

I didn't say it is. If people would actually read what was said instead of selectively quoting to misrepresent people's views, it would all be much easier, e.g.
stevei wrote:
The powers that be have decided what the tradeoff will be, they have set the maximum permitted level of speed-related risk.

But then I'm fairly convinced that many people on here don't actually care what people are trying to convey, they're happy to deliberately misunderstand, then argue against something that the person wasn't saying at all.


I think you misunderstood my point because I chose to make it by way of a crude example. I certainly wasn't trying to side step your point.

The trouble is that I simply don't believe in your point as anything remotely realistic. In the (silly?) example of the drunk, it is necessary to reduce speed to below the 'legally permitted maximum' for safety.

I believe that this behaviour is so fundamental and so commonplace in the daily task of driving that the concept of a legally permitted maximum as a guide to risk is meaningless.

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PostPosted: Wed Sep 07, 2005 16:17 
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stevei wrote:
The powers that be have decided what the tradeoff will be, they have set the maximum permitted level of speed-related risk.

but even this is not true. All they've decided is the maximum speed you're allowed to travel at. This has absolutely nothing to do with the maximum level of speed-related risk.


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