Careful, competent driver
Author
Discussion

imbecile

Original Poster:

2,032 posts

255 months

Thursday 17th May 2007
quotequote all
Something I don't really understand...

Careless driving is falling below the standard of an imaginary careful and competenet driver, right?

But surely said careful and competent driver would be capable of keeping below the speed limit. How is speeding not, therefore, careless driving?

vonhosen

40,597 posts

248 months

Thursday 17th May 2007
quotequote all
imbecile said:
Something I don't really understand...

Careless driving is falling below the standard of an imaginary careful and competenet driver, right?

But surely said careful and competent driver would be capable of keeping below the speed limit. How is speeding not, therefore, careless driving?


It can be evidence of it.
The motorcyclist from Dunstable was convicted of nine careless driving offences & nine speeding.
Speeding is used generally as it's easier to prove, it's an absolute offence.



Edited by vonhosen on Thursday 17th May 22:47

imbecile

Original Poster:

2,032 posts

255 months

Thursday 17th May 2007
quotequote all
vonhosen said:
imbecile said:
Something I don't really understand...

Careless driving is falling below the standard of an imaginary careful and competenet driver, right?

But surely said careful and competent driver would be capable of keeping below the speed limit. How is speeding not, therefore, careless driving?


It can be evidence of it.
The motorcyclist from Dunstable was convicted of nine careless driving offences & nine speeding.
Speeding is used generally as it's easier to prove, it's an absolute offence.


But surely all speeding would be falling below the expected standard?

7db

6,060 posts

261 months

Thursday 17th May 2007
quotequote all
Why should offences be disjoint?

After all - shooting at someone in a crowded street* could bring a whole variety of charges.


* to use Brake's ludicrous analogy.

imbecile

Original Poster:

2,032 posts

255 months

Thursday 17th May 2007
quotequote all
They don't have to be. But surely anyone who is speeding is driving carelessly?

7db

6,060 posts

261 months

Thursday 17th May 2007
quotequote all
imbecile said:
They don't have to be. But surely anyone who is speeding is driving carelessly?


It's easier to prove that they are speeding, and I don't think that evidence of speed in excess of the limit alone is sufficient to prove careless in practice.

who me ?

7,455 posts

243 months

Thursday 17th May 2007
quotequote all
vonhosen said:

Speeding is used generally as it's easier to prove, it's an absolute offence.



Edited by vonhosen on Thursday 17th May 22:47



In other words - more cash,less effort - sod safety rolleyes

imbecile

Original Poster:

2,032 posts

255 months

Thursday 17th May 2007
quotequote all
But surely proving speeding ought to be enough to show that the standard of driving fell below that expected? Similarly driving down a hard sholder, blocking a hatched junction, and so on?

fluffnik

20,156 posts

258 months

Friday 18th May 2007
quotequote all
imbecile said:

But surely said careful and competent driver would be capable of keeping below the speed limit. How is speeding not, therefore, careless driving?


A careful and competent driver would be aware that arbitrary speed limits are an oppressive nonsense and so disregard them.

GreenV8S

31,027 posts

315 months

Friday 18th May 2007
quotequote all
imbecile said:
Careless driving is falling below the standard of an imaginary careful and competenet driver, right?

But surely said careful and competent driver would be capable of keeping below the speed limit. How is speeding not, therefore, careless driving?


Careful and competent drivers exceed the speed limit safely all over the country day after day. Exceeding the speed limit is not in itself evidence that you were driving dangerously or carelessly, it only indicates that you exceeded the speed limit.

bi9_jk

883 posts

296 months

Friday 18th May 2007
quotequote all
In a test for carelessness one has to establish that the driver was lacking care in his approach to driving the car and that standard of driving could be classed as a lack of attention to the conditions or what not. However speeding can be comitted intentionally or recklessley and does not require the standard of diligence to fall below that of a carefull and competent driver however much is assessed on the subjective average driver and not of one who is in the eyes of the law perfect.

jacko lah

3,297 posts

280 months

Friday 18th May 2007
quotequote all
Careless driving is a subjective measure, whereas speeding is not.

Here's a thing :

If you are doing 41 mph on a dry country B road through a village, on the straight bits, does that make you more dangerous than doing 39 MPH in the dark and wet on the bends of that same village, given that the limit is 40 Mph?

If you came upon the village hall and chucking out time for the ballet class (with the 4x4's parked up on one side and doing U turns and little princesses running accross the road) and continued at 39 would that be any less dangerous than going past the same village hall at 60 mph at 6am on a fine sunday morning.

Basically You do not have to be speeding to be careless and you are not nesseccarrillly careless if you are speeding.

herewego

8,814 posts

244 months

Friday 18th May 2007
quotequote all
jacko lah said:

Basically You do not have to be speeding to be careless and you are not nesseccarrillly careless if you are speeding.

Just making the statement doesn't nesseccarrillly make it so. The other possibility is that failing to abide by the legal limit is at least careless and maybe inconsiderate.

ewenm

28,506 posts

276 months

Friday 18th May 2007
quotequote all
herewego said:
jacko lah said:

Basically You do not have to be speeding to be careless and you are not nesseccarrillly careless if you are speeding.

Just making the statement doesn't nesseccarrillly make it so. The other possibility is that failing to abide by the legal limit is at least careless and maybe inconsiderate.

Failing to abide by the legal limit CAN BE careless and maybe inconsiderate. I don't think speeding per se is defined as careless driving (if it is, why do we have speeding offences, not just careless driving offences?).

BliarOut

72,863 posts

270 months

Friday 18th May 2007
quotequote all
imbecile said:
They don't have to be. But surely anyone who is speeding is driving carelessly?

A careful and competent driver may choose to ignore an inappropriate speed limit. Distance Vs time is not a measure of care or competency. Good choice of name though...

herewego

8,814 posts

244 months

Friday 18th May 2007
quotequote all
ewenm said:
herewego said:
jacko lah said:

Basically You do not have to be speeding to be careless and you are not nesseccarrillly careless if you are speeding.

Just making the statement doesn't nesseccarrillly make it so. The other possibility is that failing to abide by the legal limit is at least careless and maybe inconsiderate.

Failing to abide by the legal limit CAN BE careless and maybe inconsiderate. I don't think speeding per se is defined as careless driving (if it is, why do we have speeding offences, not just careless driving offences?).

Yeah sorry, I didn't mean legally, I just meant that that's what is up for discussion and I think it's a good point. I mean I don't think it makes any difference really whether you're done for speeding or careless by speeding.

fluffnik

20,156 posts

258 months

Friday 18th May 2007
quotequote all
herewego said:
jacko lah said:

Basically You do not have to be speeding to be careless and you are not nesseccarrillly careless if you are speeding.

Just making the statement doesn't nesseccarrillly make it so. The other possibility is that failing to abide by the legal limit is at least careless and maybe inconsiderate.


Electing politicians that support arbitrary speed limits is careless - stop doing it!

jacko lah

3,297 posts

280 months

Friday 18th May 2007
quotequote all
fluffnik said:
herewego said:
jacko lah said:

Basically You do not have to be speeding to be careless and you are not nesseccarrillly careless if you are speeding.

Just making the statement doesn't nesseccarrillly make it so. The other possibility is that failing to abide by the legal limit is at least careless and maybe inconsiderate.


Electing politicians that support arbitrary speed limits is careless - stop doing it!


When I find one that's not jumped on the band wagon of "cars are killers and will end the planet" party, I might be tempted to vote.

fluffnik

20,156 posts

258 months

Friday 18th May 2007
quotequote all
jacko lah said:
fluffnik said:

Electing politicians that support arbitrary speed limits is careless - stop doing it!


When I find one that's not jumped on the band wagon of "cars are killers and will end the planet" party, I might be tempted to vote.


...or stand for election?

TripleS

4,294 posts

273 months

Friday 18th May 2007
quotequote all
vonhosen said:
imbecile said:
Something I don't really understand...

Careless driving is falling below the standard of an imaginary careful and competenet driver, right?

But surely said careful and competent driver would be capable of keeping below the speed limit. How is speeding not, therefore, careless driving?


It can be evidence of it.
The motorcyclist from Dunstable was convicted of nine careless driving offences & nine speeding.
Speeding is used generally as it's easier to prove, it's an absolute offence.


Aye, we know. Do what is easy, rather than what could be effective, eh?

OK, Von - I know you tell us that police officers only spend a tiny proportion of their time nicking people for speeding, and I don't doubt it's true.

Best wishes all,
Dave.