Is that all it is? How reassuring; my imagination conjured up whole towns waking up to find overnight “rogue” taxidermy had been performed on their pets; tagline “you’ve been stuffed”.
The legal system is adversarial. Each side is incentivised to submit the best possible case on behalf of the client. Ideas and definitions get tested to the limit - and eventually a line has to be drawn; this may or may not set a precedent and any precedent may or may not require specific context or circumstance. Public interest plays a role. It may seem arbitrary at times but that’s how it works. Society does not want dangerous intoxicated or distracted drivers on the road.
I don’t think we’re disagreeing all that much; I think we (or at least I) an reading more into the comment than what is actually there.
Right.
I would wear a helmet; I would also avoid having a camera mounted to said helmet as they’re quite robust and the forces of an impact could drive it (or the mount) though the helmet and into my skull. I suspect by the time someone is around to dig it out I’d be long dead.
The Highway Code does however say that one should (rather than must) wear one. Individual freedoms, choices (and consequences). I’m sure folk have advised CyclingMikey to wear a helmet.
As long as we’re not empowering or enabling maliciousness (or sending the message that the threat of violence should be used to silence) I think we’re good.
“However, although the House of Lords in Pinner v Everett held that a person might still be driving even when they turned off the engine and got out of the car it is unlikely, other than in exceptional circumstances, to be appropriate to use section 41D to prosecute any person who in these circumstances made a phone call or accessed the internet. See Public Interest.”
The scenario involved someone who was suspected of being drunk driving but only after they had got out the car to have a look at their licence plate in the presence of the police.
The main difference is the tendency to take your eyes off the road to look at your phone and the tendency to want to interact with the screen and any buttons; more likely in the hand held scenario.
Some studies have shown that driving while taking a call was distracting whether or not a handheld or hands-free phone was used, but as I understand things it was felt that enforcing an outright ban on using a mobile phone would be more difficult than banning the use of a handheld phone.
Source: the lovely people at RoSPA - a pdf link to one of their factsheets is here
I first came across them when trying to understand the evidence base for booster seats and the age / weight cut-offs that were being used; enormously helpful people.
I’m trying to draw a distinction here between a typical collision and a driver taking revenge on a cyclist. The argument of contributory negligence is unlikely to survive intact if it can be shown that the driver deliberately drove into the cyclist with intent to harm. Contributory negligence is however very real in more normal circumstances if it can be shown that an appropriately specified and correctly worn helmet would have made a difference.
As for the graveyards saying, that’s very true. And very sad. I don’t think it was intended to be about someone actually trying to kill you, more about learning to be calm, to let things go and walk / cycle / drive defensively. Words to live by. I know too many who’ve died doing it the other way.
If being able to drive is so critical to personal freedom or for work, there’s all the more reason to ensure performance and compliance with the law.
Compliance with the law is assured by connecting up the phone to an appropriate system or leaving it well alone. Rather than taking the phone from the friend in your scenario, ask them to deal with it.
Do you intervene when the safety law is broken, or do you wait until after an incident has occurred?
Road safety laws are there for a reason. Many are written in blood.
Yes; circumstances matter. The Highway Code gets around all of this by stating (note it’s a should not a must):
“You should wear a cycle helmet that conforms to current regulations, is the correct size and securely fastened. Evidence suggests that a correctly fitted helmet will reduce your risk of sustaining a head injury in certain circumstances.”
The folks being caught on their phones only have themselves to blame; the law is clear.
As for the prospect of taking revenge on the cyclist, the very thought is heinous - and helmet or not the liability for any injury would rest wholly with the driver.
For me there isn’t one; I tend not to ask people to do things that I wouldn’t do and as a team leader I’m aware that those around me are learning through observing me - I don’t want them to learn bad habits so actually their presence keeps me in check.
What’s your alternative?