JockandRita
LIFE MEMBER
- Aug 2, 2007
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- Since May 05 (Ex Tuggers).
The Traffic Officer at the time did not state that the Highway Code was law, but he did advise that aspects of it did relate to law, and that the Highway Code could be used to apportion blame.The highway code is not law and so would not be used in Court. The Road Traffic Act is the law that is referred to in court.
I"d go even further than that, inasmuch that every driver should know the rules regarding other vehicles they share the roads with. It is not suffice that because someone only drives a car under 3500Kgs, that he/she is not aware why that HGV in front is only travelling at up to 50Mph, or up to 40Mph in Scotland, or why it has indicated left but has moved over to the right .................before making it's turn.The highway code is a simplistic explanation of what drivers should or should not do. It's incumbent on every driver to know how they should drive the vehicle they are behind the wheel of.
The drivng standards amongst drivers of smaller vehicles in this county is often atrocious, with many liking themselves to Lewis Hamilton behind the wheel.
I would only expect a decent Traffic Officer to do so with proper justification, rather than through bastardisation, especially where a lack of responsibility by the driver was clearly evident. I'd say the latter would be considered fair game.Little point arguing with a police officer because it may simply invite that cop, to examine the whole vehicle. That may involve a delay whilst they get things organised to require the vehicle to be taken to a weighbridge and weighed. It may involve the roof being examined for anything that could be considered insecure.
We all get things wrong at times, including Police/Traffic Officers, ie, I once had an Officer tell me that I was not permitted on that particular route with my 53 x seater PSV, as it was a 7.5T weight restricted route. What the Officer failed to recognise that A.... it was a bus route, and B.... it was a Goods Vehicle weight restriction with buses and coaches exempt.
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I also had one front seat passenger try to report me for going through a No Entry Restriction. She clearly failed to read the sign underneath, clearly stating, "Except Buses and Coaches".
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Cheers,
Jock.
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