1st Prosecution by HA Traffic Officers - Brian Tryzers
This seems entirely reasonable to me. The observation would have been confirmed by several HA officers, and in any case the police presumably treat an HA officer as a more credible witness than a member of the public.
1st Prosecution by HA Traffic Officers - Happy Blue!
I am in total agreement with this, as there presumably clear evidence of people actually working at the time.

However it really annoys me when there is a speed resriction or lane closeure and no work is being done at all.
1st Prosecution by HA Traffic Officers - local yokel
He was prosecuted by GMP, on evidence given by HA staff, which is slightly different. GMP might have prosecuted the man on evidence given by road-users, if the evidence would have stood up in court.
1st Prosecution by HA Traffic Officers - Dalglish
I am in total agreement with this,


so ami.
and really it should make no difference whether the errant driver was reported by two or more independent members of the public or by highways-agency officers.
as it is, the ha-officers will probably carry more weight if they report a bad driver.

well done, i say.
1st Prosecution by HA Traffic Officers - a900ss
On a slightly differnet vein, what about overtaking them when you are exceeding the 70MPH limit?

Could they report you for that or can they only radio ahead to warn the police who can then try to catch you speeding?
1st Prosecution by HA Traffic Officers - rogue-trooper
I think that the point at hand is when they will be able to pull you over themselves without involving the police. It might be a slow drip now but it might increase.
1st Prosecution by HA Traffic Officers - Dalglish
I think that the point at hand is when they will be able to pull you over themselves without
involving the police. It might be a slow drip now but it might increase.


angelman, sorry but i cannot see where any such point is made?
1st Prosecution by HA Traffic Officers - Dalglish
Could they report you for that or can they only radio ahead to warn the police who can then
try to catch you speeding?


any citizen can report you for breaking the law. the only difference is that the ha-officers may likely carry a bit more weight in the court as these officers have an expertise in matters relating to "highways".
if there are enough independent witnesses, that is all that should be needed for a succesful prosecution.

1st Prosecution by HA Traffic Officers - Altea Ego
>> Could they report you for that or can they only radio ahead to warn
the police who can then
>> try to catch you speeding?


Firstly -I too am in agreement that the HA guys were justified and correct in doing what they did, and in acting as witnesses only this is fine by me.

with reference to other offences, this is much more subjective.

Speeding for example. They can only offer an Opinion that someone is speeding, as they do not have the proof (ie calibrated speedo, camera, etc etc) to state beyind reasonable doubt that someone is speeding. Clearly of course if someone shoots past at 120mph+ any competant person can assess they are speeding and report the matter to the police and in this case act as a creditable witness.

Ditto with Driving without due care, dangerous driving etc etc. Offences have to be clear cut that any member of the public can reasonably be sure that an offence was so outrageous, illegal and clearly dangerous.
------------------------------
TourVanMan TM < Ex RF >
1st Prosecution by HA Traffic Officers - TheOilBurner
Remember the prosecution was based on the premise that the driver failed to follow directions, that was the offence.

So you can drive past a HA vehicle at whatever speed you like (knowing you're breaking the law), but they can do nothing.

However, if they directed you to slow down, that would appear to be a different matter!
1st Prosecution by HA Traffic Officers - FotheringtonThomas
This seems entirely reasonable to me.


Ditto.
the police presumably treat an HA officer as a more
credible witness than a member of the public.


I don't like that *at all*. "HA Officers" *are* members of the public.
1st Prosecution by HA Traffic Officers - Dalglish
I don't like that *at all*. "HA Officers" *are* members of the public


as i qualified it in my later post, the ha-officers may carry a bit more weight due to their expertise in "highway" matters, and i have no problem with that if that is indeed the case. (note - all conjecture only, not facts).
1st Prosecution by HA Traffic Officers - Brian Tryzers
>I don't like that *at all*. "HA Officers" *are* members of the public.

We're all members of the public, FT, in some context or other. In the same way as we might distinguish between the staff at a Little Chef and the public who come in for a tea and a pee, so we can make a distinction between those who work on the motorways and those of us - the public - who merely use them. That was what I was aiming to do.
1st Prosecution by HA Traffic Officers - OldHand
I find it disquieting if HA employees are seen as more reliable and credible witnesses than a member of the public. They are NOT police officers and do not have the training IMO to be taken 'more seriously' than you or I.

That said if the person in this case was guilty then it's a deserved prosecution and verdict.
1st Prosecution by HA Traffic Officers - Dalglish
I find it disquieting if HA employees are seen as more reliable and credible witnesses than a
member of the public.

calm down, dears, it is only conjecture.

no need for disquiet, as the press release posted by hj does not make that claim.

it is purely conjecture on the part of wildebeeast and myself, the two of us are expressing our view that if the ha employees were to be given more credibility, that would in our view be justified. not a court's view, not the police's view. ok?

1st Prosecution by HA Traffic Officers - tr7v8
As a club we were at Godstone Highways Agency a few weeks ago. Fascinating & they pulled an HA wagon in for us to look around & talk to the officers. Very professional, they als have authority to stop traffic, in the manner of rolling road blocks etc. Talking to one of the supervisors afterwards he mentioned people going through red lane closure markers and siad that future enforcement will be a lot stricter! He spoke of this& another recent incident & said it was HATO guys, backed by officers in the incident room & it was taped as well, so the HATO witness would have been a small part of this.

Damn right too, to many times I've been slowing for lane closures especially on the M25 & the wally brigade, including HGVs have been hurtling up the lanes that are closed. Very dangerous & enforcement is none to soon in my view.
1st Prosecution by HA Traffic Officers - injection doc
Well I have to say Im really pleased to hear the driver got prosicuted I am fed up with queing on the motorways & traffic flying down a closed lane & forcing there way in at the last moment! lets hope more get done they deserve it! its for saftey after all & it could be a member of there family working in roadworks! I think there so ignorant they dont realise its for the workers saftey! they are iether ignorant or arrogant but iether way dont deserve a licence! HATO carry on doing a fantastic job
1st Prosecution by HA Traffic Officers - Pugugly {P}
Below is copied a basic Mission Statement for the Police and Law enforcement.


# The basic mission for which the police exist is to prevent crime and disorder.

# The ability of the police to perform their duties is dependent upon public approval of police actions.

# Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.

# The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.

# Police seek and preserve public favour not by catering to public opinion but by constantly demonstrating absolute impartial service to the law.

# Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.

# Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

# Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary.

# The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it




Not, the brainchild of some graduate Police Spinner but the work of one Robert Peel - totally relevant to today's world and someting that some Chief Constables would do well to read. I lke the one abot the public being the Police and Police being the public.

These HA guys are good. Some are ex-Officers themselves - bit better than the PCSOs I come accross.
1st Prosecution by HA Traffic Officers - Lud
To play devil's advocate for a moment, I seem to remember a thread not long ago about zip merging.

Thoughtful opinion seemed to be that it was a good idea if it could be made normal practice.

At the same time differences emerged between those who obediently get in lane as soon as they see a sign and those who rush down the soon-to-be-closed lane hoping to do it later (or expecting everyone to zip-merge when the lane really is closed, instead of just saying it will be soon).

So, how far in advance of lane closure were these crummy red crosses on the gantries? A lot of regular motorway drivers say there's all sorts of redundant carp on these gantries. The technology if you like is far too good for the people operating it.

It must be tempting, when you can see a mile down the road as you often can on motorways, to ignore an obviously misplaced electric sign. What lane closure? Over the horizon perhaps.

So perhaps the traffic officers were just being nasty jobsworths making someone's life a misery for nothing worse than ignoring a premature or redundant signal. Not saying they were, just that they easily could have been.
1st Prosecution by HA Traffic Officers - Dalglish
To play devil's advocate for a moment, I seem to remember a thread not long ago about zip
merging. Thoughtful opinion seemed to be that it was a good idea if it could be made normal
practice.


afaik - it is the official recommneded method.
At the same time differences emerged between those who obediently get in lane as soon as
they see a sign and those who rush down the soon-to-be-closed lane hoping to do it later (or
expecting everyone to zip-merge when the lane really is closed, instead of just saying it will
be soon).


ergo, those who do it tooearly are not being obedient, but disobeying the official recommendation.
So, how far in advance of lane closure were these crummy red crosses on the gantries? ...
...What lane closure? Over the horizon perhaps.


methinks you are confusing signs which are "mandatory" with those which are "advisory".
So perhaps the traffic officers were just being nasty jobsworths ..


see Laws RTA 1988 sect 36 & TSRGD regs 10 & 38 and
highway code: www.highwaycode.gov.uk/23.htm#238

... 232: Red flashing lights. If red lights on the overhead signals flash above your lane (there may also be a red 'X') you MUST NOT go beyond the signal in that lane. If red lights flash on a signal in the central reservation or at the side of the road, you MUST NOT go beyond the signal in any lane. ..

quite clear. you have no option but to obey, unless you want to risk prosecution.
1st Prosecution by HA Traffic Officers - Dalglish
those who do it too early are not being obedient, but disobeying the official recommendation.

>>

"zip merging" - official preferred term is "merge in turn".

see www.gnn.gov.uk/content/detail.asp?NewsAreaID=2&Rel...8
.....
To help drivers stay safe on the roads, the Highways Agency offers the following 'top tips' for a safe journey: ....
5. Stay calm on the road, and drive safely. Poor driver behaviour causes frustration and increases the risk of accidents. In particular:
- Keep left - don't hog the middle lane.
- Don't tailgate. Keep your distance.
- If traffic has to merge, merge in turn.
- Avoid switching lanes suddenly
......


see this very well argued (i.m.o.) article :
motoring.independent.co.uk/comment/article300008.e...e
....This zip merging, or interleaving, is common practice overseas and is now being adopted by the Highways Agency, which is providing new signage at set points where the lanes drop away. By learning how to "merge in turn", drivers will deal more effectively with lane closures. ...

1st Prosecution by HA Traffic Officers - Lud
quite clear. you have no option but to obey unless you want to risk prosecution.


YOU VILL OBEY!

But just suppose you can see a mile down the road and there's no obstruction of any sort.

It's more than a red-blooded motorist can stand.

Rubbish mandatory signs are the same as other rubbish signs: made to be disobeyed. And those who enforce rubbish signs are rubbish too.

So there.
1st Prosecution by HA Traffic Officers - Vansboy
It must be tempting, when you can see a mile down the road as you often can on motorways, to ignore an obviously misplaced electric sign. What lane closure? Over the horizon perhaps.

So, you REALLY know that just 'cos the road is clear, ahead, the closure isn't due to debris/spillage/tiny ducks/a huge great hole leading to the centre of the earth...

I'm OK with this prosecution, but do still feel that it might well be the slow drip, as mentioned!!

Aswell as being a cheap substitute for real Police officers.

VB
1st Prosecution by HA Traffic Officers - Lud
So you REALLY know that just 'cos the road is clear ahead the closure isn't
due to debris/spillage/tiny ducks/a huge great hole leading to the centre of the earth...

>

If it's debris, dangerous debris, all lanes will be closed. Same with spillage. Tiny ducks don't matter at all. Damn great hole to centre of earth should be visible from some distance. And anyway, if there was anything like that the authorities we have these days - the ones we deserve some would claim - would close the entire motorway system and the airports for something like that, while they clucked around wondering whether there was anything they could do, and deciding that there wasn't but they'd shut the road system so they might as well leave it shut while they polished their crummy yarn about what it was all about.
1st Prosecution by HA Traffic Officers - Hamsafar
"I find it disquieting if HA employees are seen as more reliable and credible witnesses than a member of the public."

It's not anything new, they have made a complaint as civilians, but their legal personality as highway officers gives more credance to their statements of a highway nature, just as a midwive's would carry more weight in a post-natal care case, or a computer engineer in a indecent material on a computer case. They would pretty much be 'expert witnesses' in a court case.
1st Prosecution by HA Traffic Officers - Ian G
"do not have the training IMO to be taken 'more seriously' than you or I"

what training should they get then? Their vehicles are probably video equipped, and having to deal with the mess caused by bad driving probably gives them a certain mindset to road safety.


Having said that,


A trip round the M25/M1 I came upon 2 phantom tailbacks, with cars slowing from the usual weekend 70mph down to about 30-40mph. This included hazard lights being flashed, cars bunching with reduced stopping distances, and lane switching at the last minute.

The cause in both instances?

A HA vehicle going at 55mph.

I don't see how this behaviour can be reconciled in any way to promoting road safety or ensuring traffic flow.

Or if the HA are going to do this regularly, motorists need to not feel guilty about overtaking a police-type car if they are driving at the speed limit.

Ian
1st Prosecution by HA Traffic Officers - FotheringtonThomas
Or if the HA are going to do this regularly motorists need to not feel
guilty about overtaking a police-type car if they are driving at the speed limit.


Is there not some law or other against having a vehicle that resembles a police vehicle?
1st Prosecution by HA Traffic Officers - Hamsafar
"Is there not some law or other against having a vehicle that resembles a police vehicle?"

No, there is no law about that, only imitating a Police Officer which would never stick in a million years.
1st Prosecution by HA Traffic Officers - FotheringtonThomas
No there is no law about [having a vehicle that resembles a police vehicle?"]
only imitating a Police Officer which would never stick in a million years.


Really? So I can have my car painted up to look exactly like a police car, with no fear of censure! How exciting!!
1st Prosecution by HA Traffic Officers - Bromptonaut
"do not have the training IMO to be taken 'more seriously' than you or I"
The cause in both instances?
A HA vehicle going at 55mph.
I don't see how this behaviour can be reconciled in any way to promoting road
safety or ensuring traffic flow.


The issue here is surely lack of observation and or illogical beaviour by the slowing motorists. HA vehicles bear only a superficial resemblance to police cars, they are a different colour and lack blue lights or any police signage. It is also perfectly legal to pass a police car doing 55 provided the normal m/way limit is in force, though it's probably not sensible to do so in the presence of fog or other evident hazard.

HA patrols have to watch for incidents/hazards including debris, breakdowns, tresspassers, damage to boundary fences. All easier at 55 than 70 with the added bonus of saving taxpayers mone on fuel.