Overtaking 'stationary' vehicle crossing solid white line...
Discussion
Just got off the phone to my cousin who's just got 3pts and fine for this!!!
Story is he was travelling over Woodhead (Mcr- Sheffield), when hgv in front of him decides to make a late decision and turn right back towards Glossop, essentially a Hairpin turn, (near res if you know it.)
Anyhow lorry made decision so late he overshoots junction slightly, leaving himself needing to reverse a little to complete the turn.
My cousin who is in the following vehicle cannot reverse due to traffic backed up behind him.
Lorry driver waves him passed to allow himself the room to reverse..So far so good!!
Cousin goes round stationary lorry crossing solid white line.... only to find shiny arsed petrol waster observing events!
Bring on the AUTHORITY!!!
Pulls him over and proceeds to book him. Lorry driver being a decent sort strolls over to explain circumstances to be told 'Leave the scene NOW, I'm dealing with this CRIME!!!'.
Sounds unfair to me and i would have fought it (to the death).
Too late now, and who knows maybe dibble was acting reasonably....... I've heard they do y'know?
Just shows what we're up against.
Sheesh!!!
Story is he was travelling over Woodhead (Mcr- Sheffield), when hgv in front of him decides to make a late decision and turn right back towards Glossop, essentially a Hairpin turn, (near res if you know it.)
Anyhow lorry made decision so late he overshoots junction slightly, leaving himself needing to reverse a little to complete the turn.
My cousin who is in the following vehicle cannot reverse due to traffic backed up behind him.
Lorry driver waves him passed to allow himself the room to reverse..So far so good!!
Cousin goes round stationary lorry crossing solid white line.... only to find shiny arsed petrol waster observing events!
Bring on the AUTHORITY!!!
Pulls him over and proceeds to book him. Lorry driver being a decent sort strolls over to explain circumstances to be told 'Leave the scene NOW, I'm dealing with this CRIME!!!'.
Sounds unfair to me and i would have fought it (to the death).
Too late now, and who knows maybe dibble was acting reasonably....... I've heard they do y'know?
Just shows what we're up against.
Sheesh!!!
Refer said plod to the Highway Code:
"[i]108: Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph or less.
Laws RTA sect 36 & TSRGD regs 10 & 26[/i] "
If the HGV was stationary at the time of passing it then the plod is out of order. Did you take the details of your witness, oops your cousin's witness?
"[i]108: Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph or less.
Laws RTA sect 36 & TSRGD regs 10 & 26[/i] "
If the HGV was stationary at the time of passing it then the plod is out of order. Did you take the details of your witness, oops your cousin's witness?
Edited by shack55 on Tuesday 11th September 21:41
shack55 said:
Refer said plod to the Highway Code:
"[i]108: Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph or less.
Laws RTA sect 36 & TSRGD regs 10 & 26[/i] "
If the HGV was stationary at the time of passing it then the plod is out of order. Did you take the details of your witness, oops your cousin's witness?
Completely agreed."[i]108: Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph or less.
Laws RTA sect 36 & TSRGD regs 10 & 26[/i] "
If the HGV was stationary at the time of passing it then the plod is out of order. Did you take the details of your witness, oops your cousin's witness?
Edited by shack55 on Tuesday 11th September 21:41
Good call Shack!
This came up on here a while back. Reject the FPN and opt to see the guy in court. Most likely the CPS will drop the case way before court, if not this is an exact example of a case where even a layman could defend themselves and win.
As said above - full exemption for passing stationary vehicles. I often get right out when using the exemption - give the buggers some room.
GET THE LORRY DRIVER AS WITNESS.
Write a clear note to plod explaining situation and see if you can get CPS to drop case before court. will save you plenty of hassle in the long run (especially if lorry driver doesn't feel like turning up to court).
GET THE LORRY DRIVER AS WITNESS.
Write a clear note to plod explaining situation and see if you can get CPS to drop case before court. will save you plenty of hassle in the long run (especially if lorry driver doesn't feel like turning up to court).
7db said:
As said above - full exemption for passing stationary vehicles. I often get right out when using the exemption - give the buggers some room.
GET THE LORRY DRIVER AS WITNESS.
Write a clear note to plod explaining situation and see if you can get CPS to drop case before court. will save you plenty of hassle in the long run (especially if lorry driver doesn't feel like turning up to court).
The lorry driver wouldnt have to come to court.GET THE LORRY DRIVER AS WITNESS.
Write a clear note to plod explaining situation and see if you can get CPS to drop case before court. will save you plenty of hassle in the long run (especially if lorry driver doesn't feel like turning up to court).
When the court papers come through, the OP just needs to name him as a witness and get him to sign a statement.
The more simple the better. Something like:
On X date, I was driving on X road at X time. I was holding up traffic whilst stationary and indicated to the OP to overtake me.
Signed...........
Thats all it needs to be. The reason why it should be simple is that you want to give the CPS the least reason possible to make the witness come to court, and thus accept the testimony into the record.
However, it may very well be the case that the police officer's statement states the lorry was stationary anyway which means that he has made his own noose. It is obvious that they don't know the highway code as they believe the OP has done something wrong, so would have no reason not to state that the lorry was stationary...
...unless of course they realise their mistake and 'exaggerate' the situation to get the conviction... but lets not go there, yet!
shack55 said:
"[i]108: Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph or less.
Laws RTA sect 36 & TSRGD regs 10 & 26[/i] "
Ta Shack.Laws RTA sect 36 & TSRGD regs 10 & 26[/i] "
What if you wanted to pass a normal car doing 5mph (needing to cross a solid to do so), is that allowed?
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