Maximum penalty for racing?
Maximum penalty for racing?
Author
Discussion

julianhj

Original Poster:

8,858 posts

284 months

Monday 17th May 2004
quotequote all
Question for the BIB here:

What's the maximum penalty for racing, if it leads to a fatal accident?

*** Edited to remove unsubstanciated rumours ***

>>> Edited by julianhj on Tuesday 18th May 19:47

gh0st

4,693 posts

280 months

Monday 17th May 2004
quotequote all
is that what happened

When was this proven? Link anyone?

I thought it was just a numpty related incident!

Dwight VanDriver

6,583 posts

266 months

Monday 17th May 2004
quotequote all
A person who takes part in a race or trial of speed between motor vehicles on a public road is guilty of an offence.

Section 12 Road Traffic Act 1988 - &500 fine, obligatory disqualification/endorsement and notional 3 -11 points (only applied if special reasons found for not disqualifying.

Most Insurance Compaines will not cover racing on their policies so further offence of that.

May I point out that the accident will be fully investigated, the results of which will be aired at Coroner's Court and possibly criminal proceedings. The later may be put in jeopardy by any speculation which may appear on this site ands/or elsewhere.

DVD




matt_t16

3,402 posts

271 months

Monday 17th May 2004
quotequote all
On a different related point when does speeding become racing? What if theres 3 cars all making progress at circa 100mph on a clear straigjt A road/DC. Would they be classed as racing or simply speeding? What if one car overtook another increasing its speed to 120mph, would that be racing?

Does seem a very grey area.

Matt

jeffreyarcher

675 posts

270 months

Monday 17th May 2004
quotequote all
There was apparently a case in Grampian (Scotland) IIRC. Someone had been done for speeding whilst overtaking. As part of his defence, he said that he only sped up (to above the limit) when the overtakee sped up to 'close the gap' and keep him out. The Procurator Fiscal (CPS in Scotland) then charged him with racing! Further, AIUI the PF did not do anything about the attempted murderer who was being overtaken. Fortunately, the accused was found not guilty of racing, but there you go!

>> Edited by jeffreyarcher on Monday 17th May 16:38

motorbiker

44 posts

265 months

Monday 17th May 2004
quotequote all

Racing if proven comes under driving dangerously

"Causing death by dangerous driving " section 1 of the road traffic act 1988.

The law states that: "A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence."

The definition of dangerous driving is that:

A) the way a person drove fell far below what would be expected of a competent and careful driver, and

B) it would be obvious to a competent and careful driver that driving in that way would be dangerous

Maximum penalty is imprisonment for 14 years and an unlimited fine. Plus usually disqualification for a minimum of 2 years.

If you kill someone whilest racing the CPS will throw the book at you


>> Edited by motorbiker on Monday 17th May 16:51

julianhj

Original Poster:

8,858 posts

284 months

Monday 17th May 2004
quotequote all
gh0st said:
is that what happened

When was this proven? Link anyone?

I thought it was just a numpty related incident!


Well, I've got this second-hand, from a colleague who knows an officer that attended. It's hearsay so far, not gospel.

blueyes

4,799 posts

274 months

Tuesday 18th May 2004
quotequote all
Dwight VanDriver said:
A person who takes part in a race or trial of speed between motor vehicles on a public road is guilty of an offence.


So.... that explains why there was only one Birmingham Grand Prix then..... they all got banned!

Dwight VanDriver

6,583 posts

266 months

Tuesday 18th May 2004
quotequote all
Like that Frank S...

In fact Orders were made under various RT Acts taking the roads out use by the Human Race on wheels to cater for the F.1. Leave you to judge which is the more dangerous.

DVD

pies

13,116 posts

278 months

Tuesday 18th May 2004
quotequote all
Maximum penalty = death

FourWheelDrift

91,717 posts

306 months

Tuesday 18th May 2004
quotequote all
julianhj said:
Question for the BIB here:

Following on from the A23 crash yesterday, (2 BMWs racing, one loses control and vaults the barriers into oncoming traffic - 6 killed) - what is the maximum penalty the other driver might face, if he is traced?


gh0st said:
is that what happened

When was this proven? Link anyone?

I thought it was just a numpty related incident!


Where is that information, the BBC say only one BMW lost control and hit a Freelander on the other side of the carriiageway. No mention of racing at all.

http://news.bbc.co.uk/1/hi/england/southern_counties/3725459.stm

And I'd hardly call it numpty related since there is no public information on what caused it. Could have been avoidance of another car, tyre blow out...anything.

jwo

986 posts

271 months

Tuesday 18th May 2004
quotequote all
All I can say is , regardless of cause of crash, the consequences are terrible. The way the cars appeared to disintegrate should make us all aware of the likely outcome if things go wrong. With regard to the accident, as DVD, we should really speculate - all though have probably all formed the same opinion given the facts on BBC website.