SV650.org - SV650 & Gladius 650 Forum - View Single Post - Prosecution for driving without due care and attention

Red Herring · 17-07-09, 09:35 AM

Ralph, as you say the law is relatively complicated which is why so many people make a living arguing about it.
Careless driving is one of the offences listed under S.1 Road Traffic Offenders Act as requiring an NIP to be served on the driver or registered keeper within 14 days of the alleged incident, however under S. 2 (1) the requirement does not apply if at the time or immediately after the incident, and owing to the presence of that vehicle on a road, an accident occurs. Now the definition of an "accident" in these circumstances is broader that that under S.170 (injury or damage), in fact the courts have stopped short of giving a specific definition, but what is generally accepted is would an ordinary person say that there had been an accident with regard to all of the circumstances.

For example, and I'm not suggesting this is what happened, if when you braked suddenly to a halt one of the persons about to use the crossing jumped back and knocked over the person behind them they may argue that you caused it.

Given that most allegations of careless driving arise following an accident i suspect this is where the confusion over the need for an NIP arises from.

I would be tempted to wait until an actual summons arrives, or you get asked for an interview, before spending to much money on legal advice (or worrying about it). The Police move in strange ways sometimes and tend to follow procedure quite a bit, in other words someone makes an allegation and various forms get filled in and sent off before anybody with any sense really gets to have a proper look at it. You've done the right thing taking the photos, but one taken from your position when you first saw the crossing patrol would be useful. Also take photos of any road markings that might be relevant (are those cars parked lawfully?). Good luck.

17-07-09, 09:35 AM	#27
Red Herring Member Mega Poster Join Date: Dec 2007 Posts: 2,708	Re: Prosecution for driving without due care and attention Ralph, as you say the law is relatively complicated which is why so many people make a living arguing about it. Careless driving is one of the offences listed under S.1 Road Traffic Offenders Act as requiring an NIP to be served on the driver or registered keeper within 14 days of the alleged incident, however under S. 2 (1) the requirement does not apply if at the time or immediately after the incident, and owing to the presence of that vehicle on a road, an accident occurs. Now the definition of an "accident" in these circumstances is broader that that under S.170 (injury or damage), in fact the courts have stopped short of giving a specific definition, but what is generally accepted is would an ordinary person say that there had been an accident with regard to all of the circumstances. For example, and I'm not suggesting this is what happened, if when you braked suddenly to a halt one of the persons about to use the crossing jumped back and knocked over the person behind them they may argue that you caused it. Given that most allegations of careless driving arise following an accident i suspect this is where the confusion over the need for an NIP arises from. I would be tempted to wait until an actual summons arrives, or you get asked for an interview, before spending to much money on legal advice (or worrying about it). The Police move in strange ways sometimes and tend to follow procedure quite a bit, in other words someone makes an allegation and various forms get filled in and sent off before anybody with any sense really gets to have a proper look at it. You've done the right thing taking the photos, but one taken from your position when you first saw the crossing patrol would be useful. Also take photos of any road markings that might be relevant (are those cars parked lawfully?). Good luck.