0-30 Flat out acceleration. Due Care And Attention?
0-30 Flat out acceleration. Due Care And Attention?
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Discussion

7db

6,060 posts

256 months

Thursday 16th May 2013
quotequote all
No FPN yet for S3, but it's in the post -- announced to be out this year.

Does worry me that if given out to any officer to dish out then you get scenarios like this where it's a bit borderline.

7db

6,060 posts

256 months

Thursday 16th May 2013
quotequote all
Tannedbaldhead said:
most cars can exceed 30 in 1st meaning he probably had momentarily exceeded the limit
"Probably" is below the standard of proof for this offence.

carreauchompeur

18,308 posts

230 months

Thursday 16th May 2013
quotequote all
WeirdNeville said:
we've all seen cars screech off like scalded cats and thought "bloody hell"
Ah yes, the old "fk ME!" rule. It's served me well over the years... Does lead to a rapid de-escalation and gentle calming of the public when you realise that the lunatic driving "stovec" you've just boxed in is actually a nice chap late for work hehe

ferrariF50lover

1,834 posts

252 months

Friday 17th May 2013
quotequote all
Inclined to agree with the 'no offence made out' types. I've never been aware of a 'maximum rate of acceleration' rule, nor a 'maximum RPM per gear' rule. Would it be acceptable if he had started in second gear and got away sharpish? would it have been ok if he was on a motorcycle, or in an Ariel Atom, or a Veyron? This doesn't make sense really.
I did once have a fettled Focus ST. I was being followed by a panda car (yeah yeah, not the correct term, sue me) and accelerated from a standstill to the 60mph limit as fast as the car would manage it (not much over 5 seconds, given a slight incline). I was most of the way home by the time I was stopped. Nice policeman just wanted to check my documents and let me on my way. A proper gentleman of the rare sort.

Anyway, OP, tell your mate (why do people who get in trouble with the police never have Internet access of their own, despite inevitably owning a smartphone and living within spitting distance of a McDonald's/Starbucks with free Wifi?) to call on a solicitor. There are many from which to choose, but I'd heartily recommend Patterson Law of Newton Abbot, Devon. The head honcho is a member on here. This one wants to be filed in the bin (for my money) and a competent brief should achieve this relatively painlessly.

Simon.


vodkalolly

985 posts

162 months

Friday 17th May 2013
quotequote all
As a general rule always reject the FPN as it makes the parasites work for their money and gives you a chance to get a brief on the job. If everyone did this the stty system would collapse and we would be rid of it.

talksthetalk

10,821 posts

161 months

Friday 17th May 2013
quotequote all
^^^^I think you may be trying to widen the original brief of the thread.
Are you up early for work and grumpy or still drinking from last night?

anonymous-user

80 months

Friday 17th May 2013
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LoonR1 said:
Nobody about? What about plod who should've been quite visible?

Handy car he's got that does exactly 30 in first as well.

Sounds like you've got half a story to me.
Where does it say he was at maximum speed in first? It says he leathered it up to 30 in first.

Sounds like more needlessly antagonistic policing to me.

Justin Cyder

12,624 posts

175 months

Friday 17th May 2013
quotequote all
Or needlessly antagonising driving in front of a police van. It's all a matter of perspective.

Unfortunately for the lad, it's usually the Police's perspective that prevails.

red997

1,304 posts

235 months

Friday 17th May 2013
quotequote all
my story;
about 10 years ago, in West Yorkshire, one xmas eve.
was looking for an open fish & chip shop.
325i, booted it from a set of lights - went no more than 30 though (possibly...);
didn't see an unmarked traffic car parked up in a shop car park - was pulled within 30 seconds.
sat in the back of the unmarked car
breathalised, quick explanation from BiB that they were on the look out for drunk drivers (given time of year) professionally advised me to keep my speed down, and recommended me a good fish & chip shop that they used.
job done. proper policing in my opinion.
However, they did miss spell my middle name on the producer - I didn't have my license with me.
Got a summons weeks later to appear in court for having no license.
popped into local station, explained what happened and another week or two later got a letter of apology from W Yorks chief constable.
had me worried for a bit though !

Durzel

12,983 posts

194 months

Friday 17th May 2013
quotequote all
Justin Cyder said:
Sounds like he did it to wind up the BiB & when he succeeded, didn't like the outcome.

I am tempted to think tough titty.
+1

RB Will

10,731 posts

266 months

Friday 17th May 2013
quotequote all
Had similar. was in traffic in town and let a gap open up in front of me then accelerated quickly (no wheelspin) up to 30 and hit the brakes again with car lengths to spare.
What I didnt see was the 2 coppers on foot 100 yards down the road. who pulled me aside for a quick bking and gave me a producer.
I will admit it was not the most sensible bit of driving ever but I was bloody bored.

HertsBiker

6,443 posts

297 months

Friday 17th May 2013
quotequote all
Why do manufacturers bother making cars able to rev? So then we have lower review limts, and then using that to the full is frowned on. Pathetic. Plod needs to concentrate on important things. They'd poo themselves if they saw a proper fast car.

Grenoble

58,486 posts

181 months

Friday 17th May 2013
quotequote all
HertsBiker said:
Why do manufacturers bother making cars able to rev? So then we have lower review limts, and then using that to the full is frowned on. Pathetic. Plod needs to concentrate on important things. They'd poo themselves if they saw a proper fast car.
All about appropriate usage. In the same way, why do they make bikes capable of 200?

7500rpm is appropriate accelerating hard to match speed on a slip road. I'd say it was inappropriate, at, say 3am in a village in 1st gear. Or outside a school at 3:30 approaching a crossing. All about situation.

Edited by Grenoble on Friday 17th May 19:52

Jimmyarm

1,962 posts

204 months

Friday 17th May 2013
quotequote all
Surely a 'Driving Furiously' rather that a due care should be used here ?

Bored Police peoples frown

g3org3y

22,250 posts

217 months

Saturday 18th May 2013
quotequote all
Last year I remember doing a racing start off the lights (iirc around Kings Cross).

Next thing I know, unmarked Astra estate behind me had the blues on. Pulls up next to me at the next set of lights and bked me out the window "very reckless, you don't deserve to have a licence etc etc". I ended up doing an Inbetweeners type "oh sorry, sorry sorry sorry", off he drove when the lights went green and that was that.

4rephill

5,153 posts

204 months

Saturday 18th May 2013
quotequote all
HertsBiker said:
Why do manufacturers bother making cars able to rev?
So they can actually move? confused

An engine that doesn't rev is broken!

HertsBiker said:
So then we have lower review limits, and then using that to the full is frowned on.
Mmmm...... Not sure how a review limit affects how people drive on the public highway? confused

However, most people know that driving round Town racing from 0 to 30mph (or whatever limit is in place), as fast as you can at every traffic light or junction is not the most sensible way of driving and is much more likely to cause an accident sooner or later.



HertsBiker said:
Pathetic. Plod needs to concentrate on important things.
You tell them! - And don't forget to point out that you pay their wages! rolleyes

Based on your user name, I hope you remember all this when you're on your bike and halfway round a roundabout, some Muppet in a car at the next junction decides he can out run you off the line by accelerating as hard as he can, causing you to have to brake hard!

Should you end up in the side of their car (or after going over their car), I trust you'll simply congratulate them on at least attempting the manoeuvre rather than driving sensibly and waiting for you to pass!

HertsBiker said:
They'd poo themselves if they saw a proper fast car.
I'm not convinced they would! - I suspect they'd simply remain calm, call for helicopter assistance, other vehicle assistance, a stinger unit and if need be, for a road block to be put in place to stop the vehicle. wink

gruffalo

8,123 posts

252 months

Saturday 18th May 2013
quotequote all


Based on your user name, I hope you remember all this when you're on your bike and halfway round a roundabout, some Muppet in a car at the next junction decides he can out run you off the line by accelerating as hard as he can, causing you to have to brake hard!

But this is not what happened is it? If this was the scenario being discussed then a tug would be correct.


Just accelerating quickly is not an offence, indeed in the Highway Code I believe there are times when it is recommended.

paulshears

804 posts

223 months

Saturday 18th May 2013
quotequote all
I've done the same (but worse) in a Sierra Sapphire Cosworth

Busy shopping street, dinner time, I'm trying to pull out of a side street & struggling to find a large enough gap to pull out at "normal speed"

Got bored, floored it at the next gap, spun the wheels, pop/bang from the exhaust as I changed up a gear & the car coming towards me is a police car frown

He slowed down, rolled the window down and told me something along the lines of "If I see you do that again I'll ave you"

Not had any bother with the police since that day

...

Tell your mate not to worry & behave in the future ... or at least check around for cop's before he does something similar wink

vodkalolly

985 posts

162 months

Saturday 18th May 2013
quotequote all
talksthetalk said:
^^^^I think you may be trying to widen the original brief of the thread.
Are you up early for work and grumpy or still drinking from last night?

WTF are you talking about I am Tea Total

confused

fjord

2,143 posts

163 months

Saturday 18th May 2013
quotequote all
Let's just assume the OP's story is correct:

The offence of driving without due care and attention (careless driving) under section 3 of the RTA 1988 is committed when the defendants driving falls below the standard expected of a competent and careful driver

I'd say so.

The test of whether the standard of driving has fallen below the required standard is objective. It applies both when the manner of driving in question is deliberate and when it occurs as a result of incompetence, inadvertence or inexperience.

Deliberate, yes.

But it could get scaled down to something like this;
[i]Driving without reasonable consideration

The offence of driving without reasonable consideration under section 3 of the RTA 1988 is committed only when other persons are inconvenienced by the manner of the defendants driving, see section 3ZA(4) RTA 1988. [/i]

If Mrs Miggins nearly crapped herself as this car flew past redlining it in 1st, sounding like it's going to explode.