Man fined for motorway overtaking - henry k
news.bbc.co.uk/1/hi/england/leicestershire/7182028...m

Man fined for motorway overtaking - ForumNeedsModerating
yes, and?
Man fined for motorway overtaking - henry k
yes and?

>>
Thank you for that contribution.
Man fined for motorway overtaking - Stuartli
It would seem that we are rapidly approaching the situation where all and sundry can enjoy similar powers to police officers.
Man fined for motorway overtaking - Pugugly {P}
What's not in the report is that all the patrolers did was provide witness statements to the Police who investigated it like they would any traffic offence, they didn't actually book him so to speak, although I agree with your point Stuart.

PCSOs (oh he's off again) they can have different powers in different Divisions of the same Police Force - how the hell are the public supposed to know who does what ?
Man fined for motorway overtaking - Roly93
It would seem that we are rapidly approaching the situation where all and sundry can
enjoy similar powers to police officers.

It is worrying that the HA mobile jobsworths are starting to get a bit of power, bad driving or not, only the Police should be involved in law enforcement, otherwise we will have a situation like they have in many African countries, with amateur (and usually corrupt) law enforcement people all over the place. I'll bet that many HA Traffic Officers are secretly longing for the day when they get issued with guns !!
Man fined for motorway overtaking - ForumNeedsModerating
>>Thank you for that contribution.

My pleasure. So, what's the point you are making with ther link? Any person can report bad or dangerous driving & if proved, the culprit can be punished. No story there really.

Man fined for motorway overtaking - Stuartli
>>No story there really.>>

Well actually there is, judging by the follow up contribution by Pugugly {P} about certain aspects of the incident not being reported.....

The impression given by the story doesn't fully relate to the circumstances surrounding the reason for the fine being imposed.

Edited by Stuartli on 11/01/2008 at 00:09

Man fined for motorway overtaking - ForumNeedsModerating
>>Well actually there is, judging by the follow up contribution by Pugugly

Er, no actually. Anyone can report bad driving - which is what this was. No special powers needed. Just as I can arrest a miscreant & escort them to a police station or make a statement to police regarding anti-lawful activity.
Man fined for motorway overtaking - FotheringtonThomas
Anyone can report bad driving - which is what this was.


But it was only bad driving because they, the non-police, said it was. Therein lies the rub.
Just as I can arrest a miscreant & escort them to a
police station or make a statement to police regarding anti-lawful activity.


You can, of course. Good luck in your efforts - I think you'll need it, because you are not a pseudo-police force in the way that these non-police are.
Man fined for motorway overtaking - Screwloose
No story....


Except perhaps that you mustn't upset the Wombles.

Edited by Screwloose on 11/01/2008 at 00:08

Man fined for motorway overtaking - ForumNeedsModerating
>>But it was only bad driving because they, the non-police, said it was. Therein lies the rub.

Perhaps you're misunderstanding the process here. If witness(es) report any illegal activity (or dangerous driving in this case,which can have many interpretations & expressions) to the police & those allegations are corroborated (& proof is available to prosecute) - the fact that they're traffic regulators, private individuals or men in 8-foot fluffy rabbit costumes makes not the slightest difference, no rub at all, AFAICS, involved.

Edited by woodbines on 11/01/2008 at 00:37

Man fined for motorway overtaking - billy25
give it 5yrs and this is what your common or garden "village vigillantes" (i can use this phrase now bwcause national press have!) will have evolved into. It will soon soon be the case where you can be prosecuted on "somebody's" say-so, instead of irreputable proof.

Billy
Man fined for motorway overtaking - Pugugly {P}
"It will soon soon be the case where you can be prosecuted on "somebody's" say-so, instead of irrefutable proof."


The patent for this was registered by the Nazi party in the 1930s....the rest, as they say, is history.

Edited by Pugugly {P} on 11/01/2008 at 06:24

Man fined for motorway overtaking - SuperBuyer
The facts are quite straight forward to me (based on this story and other information on the radio) - HA Officers setup a rolling road block to ensure the safety of one of their colleagues who was removing debris from a motorway. Man overtakes this roadblock thus endangering the life of said colleague. Therefore man prosecuted. Why did he overtake?

If this was you at work - you'd want to ensure that this person is dealt with appropriately. Did this guy pass the attitude test??

I thought HA cars have cameras in? If so, then there must be some evidence from the cameras (whether this is admissable in court, I'm unsure)

Like most things in life, there are some HA Officers who aren't up to the standard expected, but the majority of them do a good job, and expose themselves to a fair amount of danger on a daily basis. Arguably more so than a policeman or fireman (police - stab vests etc, fireman - protective clothing, HA Officer - erm, hi-vis jacket & a car that wouldn't do much if a lorry piled into them at 56mph...)

Its been interesting to see how other news sources have reported what was a potentially deadly action.

Man fined for motorway overtaking - Pugugly {P}
You're quite right. They're not sworn Officers but they are entitled (like any citizen) to the protection of the Law, an entitlement that they were exercising. My remark about Nazi Germany should not be read in the context of this incident.
Man fined for motorway overtaking - SuperBuyer
PU - just to clarify my post wasn't having a go at you. It was just a general post re my thoughts (and thats all they are). Having worked for construction companies that have done roadworks, anything that helps to promote safety on the roads is fine by me.

BUT - these things need an auditable trail of evidence, which I'm sure exists otherwise we would have heard more from the guy who was prosecuted, declaring his innocence. I have not seen any such statements from him. Think that says it all
Man fined for motorway overtaking - PR {P}
Maybe it was the umpteenth motorway instruction he'd had that day all of which were false alarms, like Caution Queue or lane closed ahead, or congestion ahead, although admittedly a rolling road block should have been more obvious.

Hasn't someone been done before for disobeying a temporary speed limit whilst passing one of these "patrols"?
Man fined for motorway overtaking - daveyjp
I saw a traffic officer (proper PC not a 'womble') nearly get killed by someone who chose to ignore a lane closed sign on the M42. Sped down the outside lane not aware a traffic officer was laying cones.
Man fined for motorway overtaking - Screwloose
I saw a traffic officer (proper PC not a 'womble') nearly get killed by someone
who chose to ignore a lane closed sign on the M42. Sped down the outside
lane not aware a traffic officer was laying cones.


There have been cases of people who assumed that they were protected by cones being killed by a certain ex-boxer racing his brother by swerving inside the protected zone....


Now what was his name...? He's got a monocle and an ego the size of his American truck....
Man fined for motorway overtaking - davmal
Maybe it was the umpteenth motorway instruction he'd had that day all of which were
false alarms like Caution Queue or lane closed ahead or congestion ahead although admittedly a
rolling road block should have been more obvious.
Hasn't someone been done before for disobeying a temporary speed limit whilst passing one of
these "patrols"?


Does your post mean that you believe that we are all free to decide when we have had enough of legitimate instructions and can therefore decide when we wish to break the rules (statute, common or moral) with impugnity?

Anarchic behaviour is not the way to reform in a democracy.

I think he got away quite lightly.
Man fined for motorway overtaking - PR {P}
No it was more TIC.

Man fined for motorway overtaking - Hamsafar
woodbines -"Er, no actually. Anyone can report bad driving - which is what this was. No special powers needed. Just as I can arrest a miscreant & escort them to a police station or make a statement to police regarding anti-lawful activity."

Only if it is an indictable offence, and even so, the law is on their side, in that their are 101 things you can do wrong which would give the miscreant a stronger case against you than you have against him.

I suspect that he was prosecuted on the sole statement of a civilian witness, without any cautioning or questioning. This is the direction in which Labour are taking the justice system, just like it was in communist USSR, or 'hicksville' Azerbaijan.
Man fined for motorway overtaking - mike hannon
Thirty or forty years ago, maybe more, Motor Sport magazine was reporting cases of motorists fined heavily for offences brought to court on no more than the say-so of other drivers.
Ergo, there's nothing new in this. Or maybe I've just been around too long...
Man fined for motorway overtaking - davmal
Sorry.
Man fined for motorway overtaking - Leif
"It will soon soon be the case where you can be prosecuted on "somebody's" say-so
instead of irrefutable proof."
The patent for this was registered by the Nazi party in the 1930s....the rest as
they say is history.



You can already be charged on the say so of a copper, so in many respects this is no different. The question then is do we believe that traffic officers deserve such powers. As I understand it a non copper can report a crime, but unless there are multiple independent witnesses, it is unlikely to go to trial. So in this case were there multiple witnesses, or is a report from one traffic officer enough.
Man fined for motorway overtaking - ijws15
It has always been the case under English Law that you CAN be prosecuted on "somebody's" say-so. They are called witnesses and what "somebody" says under oath in court is considered to be evidence. Witnesses do not have to be policemen/women, nor as I understand it does the prosecution have to be brought by the crown.

Nothing new then
Man fined for motorway overtaking - Leif
yes and?



And what?

Traffic officers are often portrayed as toothless wombles, whereas this report shows that they do in effect have the power to shop motorists, albeit indirectly. So we really need to obey their directions.
Man fined for motorway overtaking - bikerider
If the highways officers had not picked up the debris lying on the motorway would the driver who was prosecuted have then be complaining to the authorities if he had run into the debris!
Man fined for motorway overtaking - Alby Back
Now I am more than prepared to be corrected here, but seem to remember the situation in Scotland being something like this. ( may have been changed mind ! )

I seem to recall that in Scotland the cops used to always work in pairs because the law said something like " one man's word against another proves nothing " Also vaguely seem to recall that in the early days of Traffic Wardens north of the border that they also had to work in pairs for the same reason.

Costs wouldn't make a lot of sense but then maybe less room for argument in court so savings to made at a different point on the prosecution chain of events ?
Man fined for motorway overtaking - tr7v8
Some ignorant comments on here. We were at a Highways Agency office last year on a Porsche tour & this was discussed. The guy who overtook was not only reported by the HATO officer but also by the Highways Centre staff, some of whom are Police officers. They also made the comment that they'll be looking for more of these offences in future. Such as the complete idiots that ignore the red overhead crosses closing lanes on the motorway. They have recording on most of the over head cameras so this can be used as evidence.
Don't forget HATO have always since their inception had some powers, one of which is traffic management.

Edited by Webmaster on 11/01/2008 at 18:56

Man fined for motorway overtaking - Altea Ego
What wrong with people on here? A motorist behaved like a selfish pig and risked someones life.

Does it really matter who shopped him and how?
Man fined for motorway overtaking - Pugugly {P}
They were doing their job - these days a lot of people won't (including the idiot that "served" me in a Motor Factor's this morning) and generally they are physical risk from drivers who believe themselves above the law.
Man fined for motorway overtaking - Hairy Hat Man
This was not just a case of a HATO reporting bad driving and the driver being prosecuted for it. The offence was failing to comply with a direction given by a Highways Agency Traffic Officer as per The
Traffic Management Act 2004 . Its this act that defines exactly what a HATO can and cannot do. It gives them the power to stop and direct traffic and makes failing to comply with their instruction an offence.

Smart bit of HTML linking fixed for you.

Edited by Dynamic Dave on 12/01/2008 at 00:06

Man fined for motorway overtaking - autumnboy


All very well these so call traffic agency officers ensuring safety on the motorways.

But why don't they sort these "Middle and Outer Lane Drivers" who cause so much fustration of those trailing behind when they hog the lane and not allowing others to pass and allow free flow of traffic in ALL lanes.

Man fined for motorway overtaking - Sofa Spud
If someone is doing the legal speed limit and there is slower moving traffic in the lane(s) to their left they have every right to 'hog' their lane, at least for a while.
Man fined for motorway overtaking - sierraman
If someone is doing the legal speed limit and there is slower moving traffic in
the lane(s) to their left they have every right to 'hog' their lane at least
for a while.

If they are overtaking they are not hogging,if they are not overtaking they are hogging.
Once,on a dual carriageway with a long line of cars in the outside lane,a police motorcyclist came up and directed each one into the empty inside lane.obediance was instant.
Man fined for motorway overtaking - Tron
Far to may people out there feel they have the right to be right.
Man fined for motorway overtaking - Pugugly {P}
its "far too" sorry couldn't resist that one after what you said !
Man fined for motorway overtaking - Leif
And "many" not "may" ...
Man fined for motorway overtaking - autumnboy

Sofa Spud,

I agree with what you say, But how long is "for a while". Thats like how long is a piece of string.

Far too many drivers see a vehicle a mile or so in front of them and when then they are only doing 2 or 5 MPH faster themselves, hog that lane when there is no other vehicle in the inner lanes between them. Then there is no reason for them not to pull over into the inner lane, but they don't.

Like I've said before, Why can't we use our roads like those across the big pond. Undertake !!! I found it alot easier to drive over there than here, altogether.


Man fined for motorway overtaking - FotheringtonThomas
Like I've said before Why can't we use our roads like those across the big
pond. Undertake !!!


There are many things that contribute to road safety - not overtaking on the inside, and having good lane discipline is just one of them. Whose roade are "safest"?
Man fined for motorway overtaking - autumnboy
There are many things that contribute to road safety - not overtaking on the inside
and having good lane discipline is just one of them. Whose roade are "safest"?



I have'nt seen a problem with this with the various times I've driven in the States and Canada.

You use your mirrors in the same manner whether being over or undertaken and INDICATE!! when you move lane to lane.

As "Whose roads are "safest"", I felt safer over there than here, where they are more curtious in giving way and not bull headed like some !!!.




Man fined for motorway overtaking - Cardew
As "Whose roads are "safest"" I felt safer over there than here where they are
more curtious in giving way and not bull headed like some !!!.



Absolutely no question about it - UK roads are far safer than the USA. That is by any set of statistics you care to look at - accidents/deaths/injuries per car, per mile driven etc etc.

One of the results of the widespread 'undertaking'(which isn't legal - but widely practiced) is that traffic tailgates to prevent being undertaken and cut up.
Man fined for motorway overtaking - davmal
Isn't there still a blanket 55mph speed limit there? Do we want that too?
Man fined for motorway overtaking - Group B
Isn't there still a blanket 55mph speed limit there? Do we want that too?


A lot of states now have a limit of 75mph on rural interstates, with lower limits on urban interstates (some, not all).

Also: "...In sections of I-10 and I-20 in rural West Texas, the speed limit for passenger cars and light trucks is 80 mph. For large trucks, it is 70 in the daytime, 65 at night..."

www.iihs.org/laws/speedlimits.aspx