Motorcyclist Fined For Stopping After Being Stung by Bee
Motorcyclist Fined For Stopping After Being Stung by Bee
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bad company

Original Poster:

21,315 posts

288 months

Thursday 7th September 2023
quotequote all
I’d have thought stopping would be a safety matter:-

https://www.mylondon.news/news/south-london-news/f...

Welcome.

16,723 posts

58 months

Thursday 7th September 2023
quotequote all
Which was overturned due to some ruling.

bad company

Original Poster:

21,315 posts

288 months

Thursday 7th September 2023
quotequote all
Welcome. said:
Which was overturned due to some ruling.
Overturned on a technicality, his appeal to TFL was declined.

Super Sonic

11,907 posts

76 months

Thursday 7th September 2023
quotequote all
The technicality being that the fine was not legal.

kiethton

14,482 posts

202 months

Thursday 7th September 2023
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They're all as bad as each other.

I got a ticket in the city a few weeks ago - I checked the big suspended bay sign next to my bay and it wasn't listed so I parked.

They use the non-compliant sign (which looks no different to the one normally there) so myself and the 20 other bikes in the bay all got ticketed....appeal rejected.

I took one to the adjudicator 5 years ago (when it last happened for the same thing) and they refused it too, erring in law in the process.

Too much on so can't stand the hassle of appealing it but the case for mis-typing a new number plate "sorry my dyslexia" has never been stronger

Edited by kiethton on Thursday 7th September 20:37

bad company

Original Poster:

21,315 posts

288 months

Thursday 7th September 2023
quotequote all
kiethton said:
They're all as bad as each other.

I got a ticket in the city a few weeks ago - I checked the big suspended bay sign next to my bay and it wasn't listed so I parked.

They use the non-compliant sign (which looks no different to the one normally there) so myself and the 20 other bikes in the bay all got ticketed....appeal rejected.

I took one to the adjudicator 5 years ago (when it last happened for the same thing) and they refused it too, erring in law in the process.

Too much on so can't stand the hassle of appealing it but the case for mis-typing a new number plate "sorry my dyslexia" has never been stronger

Edited by kiethton on Thursday 7th September 20:37
I managed a win at the tribunal albeit not for parking:-

https://www.pistonheads.com/gassing/topic.asp?h=0&...

shih tzu faced

2,597 posts

71 months

Friday 8th September 2023
quotequote all
Funnily enough I always remember my driving instructor telling me that a bee in the car counted as an emergency situation and meant you could legally stop on the hard shoulder.

No idea why that nugget of information stuck with me but seeing this topic felt I just had to say it.

Simpo Two

91,012 posts

287 months

Saturday 9th September 2023
quotequote all
So driving while using a mobile phone is dangerous and you must stop, but driving with a bee in your helmet is safe and you have to keep going. Both can't be right.

Clearly a practical test is required, using the adjudicator/s in place of the victim, and then inserting the angry bee. We can place bets on how long they last for.

Ian Geary

5,354 posts

214 months

Saturday 9th September 2023
quotequote all
Welcome. said:
Which was overturned due to some ruling.
You are Welcome: that completely misses the point though.

I'm sure people can read, but

- Tfl refused the appeal

- the transport tribunal commissioner's (X3) said they weren't convinced a bee sting under the eye was a good enough reason to stop, and therefore cancel the penalty

- the fact CCTV footage can't be used to enforce red routes meant the point was moot, so it was cancelled on grounds nothing to do with he circumstances.

Two important things from this:

- will tfl do anything to refund motorists fined by unlawful use of CCTV up until now?

- the tfl bod and commissioners are complete numpties.

I've been stung in the face whilst on a pushbike, and it was flipping distracting. I had to stop immediately (I was going about 40 down the Mendips, which made it "interesting")

I also ride a motorbike, and you damn well have to be paying attention in London. Being stung under the eye, and keeping sufficient observation around you in traffic simply aren't compatable.

The commissioners might know parking rules inside out, but their lack of knowledge on this subject is woeful.

I think I would have refused to pay and taken it to a magistrate - at least some chance of common sense there.

Ian

Simpo Two

91,012 posts

287 months

Saturday 9th September 2023
quotequote all
It's remarkable how many laws, how much bickering, and how many jobsworths it takes to defeat simple common sense. And at what cost to the country I wonder?

If I never visit London again I shall be perfectly content; it sound like an utter sthole now.

gtidriver

3,671 posts

209 months

Sunday 10th September 2023
quotequote all
I was driving down City Road in London and felt sick, I pulled up opened the door, and threw up on the floor, not my finest moment especially as it was in the center of the road. A few days later a letter inviting me to pay £60 arrived as I'd stopped with one wheel of my van in the bus lane, you could see my door open and me leaning out, I contested it and was told next time to be sick in my vehicle and clear it up later. Lovely.

Aretnap

1,932 posts

173 months

Sunday 10th September 2023
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Ian Geary said:
I think I would have refused to pay and taken it to a magistrate - at least some chance of common sense there.
You can't take a PCN to a magistrate - is not a criminal matter. If you refuse to pay after the adjudicator (London Tribunals in this case) has trueness down your appeal you just end up with bailiffs turning up at your door.

In principle I think you could ask the High Court for a judicial review of the adjudicator's decision, but you would need a few thousand pounds to spare, which seems like a lot for the sake of a parking ticket. Other than that there is no further route of appeal after the adjudicator has turned you down.

freedman

5,979 posts

229 months

Sunday 10th September 2023
quotequote all
Simpo Two said:
So driving while using a mobile phone is dangerous and you must stop, but driving with a bee in your helmet is safe and you have to keep going. Both can't be right.

.
What?

Using a handheld mobile is illegal, we all know that, but it has nothing in common with this issue

Simpo Two

91,012 posts

287 months

Sunday 10th September 2023
quotequote all
freedman said:
Simpo Two said:
So driving while using a mobile phone is dangerous and you must stop, but driving with a bee in your helmet is safe and you have to keep going. Both can't be right.

.
What? Using a handheld mobile is illegal, we all know that, but it has nothing in common with this issue
The common link is distraction that could lead to an accident.

freedman

5,979 posts

229 months

Sunday 10th September 2023
quotequote all
Simpo Two said:
The common link is distraction that could lead to an accident.
There is no link

Being stung by a bee isnt illegal

Using a mobile is

R6tty

730 posts

37 months

Sunday 10th September 2023
quotequote all
Certainly on a motorway, the only allowance to stop on the hard shoulder is a mechanical breakdown. Nothing else.

airsafari87

3,207 posts

204 months

Sunday 10th September 2023
quotequote all
Reminds me of my worst ever motorcycling incident back in 1991.

Getting hit squarely in the adams Apple be a bee while doing 100mph +.

Aretnap

1,932 posts

173 months

Sunday 10th September 2023
quotequote all
R6tty said:
Certainly on a motorway, the only allowance to stop on the hard shoulder is a mechanical breakdown. Nothing else.
The law would disagree with you on that one. Reasons why it's acceptable to stop on the hard shoulder, or the motorway more generally, include:

(a)...a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or
(b)by reason of any accident, illness or other emergency; or
(c)to permit any person carried in or on the vehicle to recover or move any object which has fallen onto a motorway; or
(d)to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph

https://www.legislation.gov.uk/uksi/1982/1163/regu...

Good use of the word "certainly" though.

Simpo Two

91,012 posts

287 months

Sunday 10th September 2023
quotequote all
freedman said:
Simpo Two said:
The common link is distraction that could lead to an accident.
There is no link

Being stung by a bee isnt illegal

Using a mobile is
You're arguing law and acting as prosecutor, ignoring the big picture.

In reality one action is voluntary, the other involuntary. And we all know the law is an ass wink

Trax

1,584 posts

254 months

Sunday 10th September 2023
quotequote all
Reminds me of the drama a while ago, cant remember the name but it was all about an accident on a motorway. A few were killed, including a person being smuggled in a van/lorry.

At the end they showed the lead up to the cause of the pile up, which was the driver distracted trying to fend off a bee/wasp in his car.