ROG: HIGHWAY CODE RULE 169
Do not hold up a long queue of traffic, especially if you are driving a large or slow-moving vehicle. Check your mirrors frequently, and if necessary, pull in where it is safe and let traffic pass.
muckles:
I think you need to define what the Highway code means by large and Slow moving
I was always under the impression that that meant abnormal loads and the speed tractors travel at.
For an example, at a level crossing it says drivers of large or slow moving vehicle must stop and phone to get clearance to cross, but the driver of a standard HGV would not be considered to fall into any of these catogeries.
Received E-mail from the DSA -
Date: Friday, January 30, 2009 8:58 AM
From: Allen, Chris Christopher.Allen@dsa.gsi.gov.uk
To:
Subject: FW: HIGHWAY CODE RULE 169
The definition of large in this context is a vehicle which is larger
than a category B vehicle, i.e a car. The Highway code gives an example
of a tractor in rule 164.
If under 3.5 tonnes then for the UK that would be a B licence
If over 3.5 tonnes,but still a car (not a goods vehicle and less then 8 persons) it will still be a car for me to drive on my polish B license…
It can be something like that: armoured soviet limo, powered by lorry engine… about 4.2 tonnes (but I am not sure if that’s excatly THIS one) but there you have some more examples: samochodyswiata.pl/viewtopic.php?p=45862
If you stick to the speed limit of 40 MPH on a single carriage A road, is that considered ‘holding up’ the traffic?
If Mr or Mrs ‘dimwit’ in their ‘small vehicle’ are driving down that same road at a similar or slower speed, are they required to pull over?
What is the definition of ‘a long queue of traffic’, and what is the defenition of ‘holding up’?
I have heard annecdotal reports of drivers being told by the police to ‘get on with it’, i.e. ignore the 40mph limit, as they won’t pull you over, as long as you are driving reasonable for the road type and conditions. Whilst that may or may not be true, it does not get you off a speeding ticket or a VOSA prosecution for sustained speeding. (the speed limit remains absolute, regardless of the Police officers discretion. When VOSA check Tacho records, they don’t take that excuse in consideration, do they?).
Can you be prosecuted for driving 40mph and not pulling over to let traffic pass?
I have asked my MP this question -
Has any LGV driver been prosecuted for ‘holding up traffic’ when sticking to the legal 40 speed limit on a national speed limit single carriageway road where they have a long queue of traffic behind them?
No reply so far but I bet the answer comes back as a NO.
I have known the police to pull a truck over and give them ‘advice’ on what they consider ‘should’ be done in that situation - they will usually give ‘advice’ on ‘considerate driving’ which may enhance safety as it stops ‘frustration’ and possible daft actions by those legally quicker vehicles behind.
Please remember, the police don’t make the laws and they don’t always agree with all those they are tasked to uphold which is probably why no LGV driver has ever been taken to court for a possible ‘inconsiderate driving’ charge.
Being legal and being considerate are two seperate issues.
Now correct me if I’m wrong here lads but I vaguely remember reading in Truck & Driver magazine, in the Legal section that a driver cannot be prosecuted for speeding based on the speed trace on his tachograph chart.
This was an agreement between the govenment and the unions way back when tachographs were first introduced.
As far as I can remember this was written by Ford & Warren, law firm who answers the legal queries sent in to the magazine…
The problem with exceeding the 40 mph on single carriage roads is that when VOSA do a check of your tacho records, they don’t take the ‘considerate driving’ argument into account. Drivers have been prosecuted, and had their licences revoked for various periods, for persistant speeding if the nearest dual carriage way is a certain distance away from their operating base. The names escape me, but companies in Mid Wales and Norfolk were involved.
There is usually a case like this highlighted in the Legal Matters pages of the truck magazines.
I also doubt that the court will be lenient if you tod up more than eleven points, if you play the ‘Considerate Driving’ card as your defence.
Breaker One-Nine:
Now correct me if I’m wrong here lads but I vaguely remember reading in Truck & Driver magazine, in the Legal section that a driver cannot be prosecuted for speeding based on the speed trace on his tachograph chart.
This was an agreement between the govenment and the unions way back when tachographs were first introduced.
As far as I can remember this was written by Ford & Warren, law firm who answers the legal queries sent in to the magazine…
That refers to a single incident, i.e. the police can’t pull you into layby and check your tacho’s to see IF you have been speeding, and THEN give you a ticket (something they used to do in Germany… )
VOSA will however use the Tacho records to prove PERSISTENT speeeding, and prosecute for that.
Breaker One-Nine:
Now correct me if I’m wrong here lads but I vaguely remember reading in Truck & Driver magazine, in the Legal section that a driver cannot be prosecuted for speeding based on the speed trace on his tachograph chart.
This was an agreement between the govenment and the unions way back when tachographs were first introduced.
As far as I can remember this was written by Ford & Warren, law firm who answers the legal queries sent in to the magazine…
The tacho is not recognised by the courts as being legally defining but most will accept it as a guide.
I still wonder what the definition of a ‘long queue of traffic’ is. I suspect that there is no (legal) definition of it, nor of ‘holding up’. I mean, you can argue that 40 mph is a save speed for the conditions (winding country road, limited visibility around corners, junctions etc.), and as for ‘holding up’ what would have to be considered the ‘correct’ speed for any given road, taking that the actual speed limit is just that, a limit and not a target (although some traffic controllers beg to differ on that last one
I have been told this my numerous people this but again it might not be true but somone on here bound to know if it is or not
VOSA gave a company near wisbeach a hefty (and i mean it was hefty) fine because when VOSA did a spot check they saw that EVERY driver hit 56 mph with in 5 miniutes of leaving base everyday and the nearest dual carriage way was 30 min drive away.
People have said on here that VOSA have visited ransport companies in general to make sure they keeping to speed limits.
hopeloos:
I still wonder what the definition of a ‘long queue of traffic’ is. I suspect that there is no (legal) definition of it, nor of ‘holding up’. I mean, you can argue that 40 mph is a save speed for the conditions (winding country road, limited visibility around corners, junctions etc.), and as for ‘holding up’ what would have to be considered the ‘correct’ speed for any given road, taking that the actual speed limit is just that, a limit and not a target (although some traffic controllers beg to differ on that last one
my record Ive ever counted was 25 cars sitting behind a trolleydolley on a single carriageway ‘A’ road when i was going the other way but he were’nt breaking any laws was he are you supposed to pull onto verge get stuck then cause more TRAFFIC JAMS when the wrecker comes out to tow you back onto the road…end of the day if a car wants to over take they will. I know its illegal blah blah but if i can i pull a bit more to the left so they can clearly see the road ahead, that way everybody happy. otherwise you get people taking risks because they fed up at doing 40 mph in their mclaren.
are you supposed to pull onto verge get stuck then cause more TRAFFIC JAMS when the wrecker comes out to tow you back onto the road…end of the day if a car wants to over take they will. I know its illegal blah blah but if i can i pull a bit more to the left so they can clearly see the road ahead, that way everybody happy. otherwise you get people taking risks because they fed up at doing 40 mph in their mclaren.