M1 minibus crash, first day in court

Carryfast:

mattecube:
en.wikipedia.org/wiki/Dangerous_driving#“Dangerously”

To be fair going by the test of ‘obviousness’ I’d guess that the use of hands free communications and cruise control,as supposed evidence of ‘obviously’ ‘dangerous’ driving,could arguably be grounds for the defence to ask for the prosecution’s case to be thrown out ?.Unless it can show that use of either/both is now considered illegal and dangerous. :bulb:

While a ‘careful’ driver using correct forward observation and planning would be expected to turn off cruise control at the first sign of any form of hazard ahead needing to be ‘carefully’ dealt with or the need to over take traffic ‘carefully’.A mistake regarding forward observation and planning and resulting ‘incorrect use of’ cruise control seeming to fit the definition of ‘careless’ not ‘dangerous’ driving ?.

Having said that ‘if’ anyone is saying that use of hands free communications or cruise control should be banned as being ‘obviously’ dangerous I’d agree.Then drivers would know exactly where they stand and there would be no argument that not only is it illegal to fit them but ‘use’ of them constitutes ‘obviously’ dangerous driving even if they are fitted.But that isn’t what’s being decided here. :bulb:

One point that hasn’t been mentioned, though inadvertently implied that he did not slow down, is that only the Mercedes cruise control does not switch off when you brake, but comes on again automatically. MAN, Daf, Scania, Volvo, Renault all switch off when you brake and you have to use the resume button to get it to engage again (or set it). This feature I find worrying about Mercs and has caught me out on approaching roundabouts before now. It is because it is different that it is worrying.

Of course if you drive Mercs all the time you would know that (which I presume Wagstaff did).

Carryfast:

Blue Day:
While it’s an offence to be seen using a hand held phone, regardless of whether driving has been affected, this is not the case for hands-free phones. If you’re seen not to be in control of a vehicle while using a hands-free phone you can be prosecuted for that offence.

It’s a can of worms because that could easily translate as if you’re involved in a collision while using a hands free device it can only affect any defence against resulting charges ?.

Ironically I agree with the premise that if you need to chat on the phone then you need to stop in a safe place to do it no ifs no buts.Also don’t think there’s any justification or place for use of cruise control in UK traffic and road conditions and would refuse to use it if any employer instructed me to.

However it seems unfair to then penalise drivers for possibly getting caught up in the contradictory application of the law in that regard. :bulb:

Not worked for XPO then? On Morrisons Bellshill told, nay instructed, to use it all the time!

Captain Caveman 76:

msgyorkie:
Drink Driving for my age group (late 40’s) was always taboo. I wouldn’t dream of having a drink then driving off. Yet the culture of East Europeans seems to be of heavy drinking and they see it as normal to drive whilst unfit.
Maybe its time to start dishing out some very severe custodial sentences to stamp this problem out.

I’m of the age where putting a seat belt on is automatic and drink driving is just not done. But I’ve been in a few country pubs where young lads have had a few pints then jumped into their car. Sometimes out in the countryside there seems to be a different culture.

^^^^^^^^^
its only verging on taboo in the uk because you have been brainwashed and manipulated by the media into thinking so.
the poles and the like normally just have the same attitude to drinking and driving as we all did here back in the 70s.
the difference is now that there more likelyhood of a tout grassing you up with phones and the road commanders policing for the police whether your in the city or out in the sticks.
fortunately over here in ireland,then its not exactly been taken seriously to any great degree by most f the population especially in the more remote areas.
if you cant get a bus,and you cant get a taxi when your too bladdered to walk,then the preferred option is to just pile into a car with another 7 or 8 bodies,nd rally it up the road.
if the guards are out which they prob wont be,then park sideways it in a field and leg it.
check the difference in sentences in the land that time forgot though they do like to waffle on a bit .

irishmirror.ie/news/irish-n … r-12105153

thejournal.ie/garda-court-ca … 1-Dec2017/

thesun.ie/news/2131284/drun … -accident/

buzz.ie/news/bus-driver-dub … est-268162

Sand Fisher:

Carryfast:
don’t think there’s any justification or place for use of cruise control in UK traffic and road conditions and would refuse to use it if any employer instructed me to[/b]

Not worked for XPO then? On Morrisons Bellshill told, nay instructed, to use it all the time!

It really is a no brainer to just say no on the grounds that 1 by definition it potentially creates,or at least adds to,the potential of a driver losing concentration by literally driving on ‘auto pilot’ and 2 it will be used as evidence against the driver in the event of a collision. :bulb: It really ceased to be an asset and becomes a dangerous liability anywhere other than daytime North American desert highways limited to 55mph.If the employer disagrees with that then walk away because it won’t be the employer who gets sent to jail.

Forbes says in the UK 2015 alcohol was a factor in 16% of road fatalities.
The RSA.ie site says that in 2016 drivers/riders in 29% of Eire road fatalities were alcohol impaired.

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dieseldog999:

Captain Caveman 76:

msgyorkie:
Drink Driving for my age group (late 40’s) was always taboo. I wouldn’t dream of having a drink then driving off. Yet the culture of East Europeans seems to be of heavy drinking and they see it as normal to drive whilst unfit.
Maybe its time to start dishing out some very severe custodial sentences to stamp this problem out.

I’m of the age where putting a seat belt on is automatic and drink driving is just not done. But I’ve been in a few country pubs where young lads have had a few pints then jumped into their car. Sometimes out in the countryside there seems to be a different culture.

^^^^^^^^^
its only verging on taboo in the uk because you have been brainwashed and manipulated by the media into thinking so.
the poles and the like normally just have the same attitude to drinking and driving as we all did here back in the 70s.
the difference is now that there more likelyhood of a tout grassing you up with phones and the road commanders policing for the police whether your in the city or out in the sticks.
fortunately over here in ireland,then its not exactly been taken seriously to any great degree by most f the population especially in the more remote areas.
if you cant get a bus,and you cant get a taxi when your too bladdered to walk,then the preferred option is to just pile into a car with another 7 or 8 bodies,nd rally it up the road.
if the guards are out which they prob wont be,then park sideways it in a field and leg it.
check the difference in sentences in the land that time forgot though they do like to waffle on a bit .

irishmirror.ie/news/irish-n … r-12105153

thejournal.ie/garda-court-ca … 1-Dec2017/

thesun.ie/news/2131284/drun … -accident/

buzz.ie/news/bus-driver-dub … est-268162

Now we’re being brainwashed into not drinking and driving… Can’t really believe I read that. We all like a drink but FFS drinking and driving whatever age is bloody stupid end of. You shouldn’t have to be “brainwashed” it should be a given. No excuses

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dieseldog999:
its only verging on taboo in the uk because you have been brainwashed and manipulated by the media into thinking so.

I’ve probably already bored you with the story of the drunk driver who went around a roundabout the wrong way and crashed into me. Needless to say I have very strong views on drink driving and they don’t stem from media brainwashing.

Captain Caveman 76:

dieseldog999:
its only verging on taboo in the uk because you have been brainwashed and manipulated by the media into thinking so.

I’ve probably already bored you with the story of the drunk driver who went around a roundabout the wrong way and crashed into me. Needless to say I have very strong views on drink driving and they don’t stem from media brainwashing.

Well said fella. I didn’t want to lower myself and reply to this clown who thinks its ok to DD. I cannot believe he said what he did!

Sand Fisher:

Carryfast:

mattecube:
en.wikipedia.org/wiki/Dangerous_driving#“Dangerously”

To be fair going by the test of ‘obviousness’ I’d guess that the use of hands free communications and cruise control,as supposed evidence of ‘obviously’ ‘dangerous’ driving,could arguably be grounds for the defence to ask for the prosecution’s case to be thrown out ?.Unless it can show that use of either/both is now considered illegal and dangerous. :bulb:

While a ‘careful’ driver using correct forward observation and planning would be expected to turn off cruise control at the first sign of any form of hazard ahead needing to be ‘carefully’ dealt with or the need to over take traffic ‘carefully’.A mistake regarding forward observation and planning and resulting ‘incorrect use of’ cruise control seeming to fit the definition of ‘careless’ not ‘dangerous’ driving ?.

Having said that ‘if’ anyone is saying that use of hands free communications or cruise control should be banned as being ‘obviously’ dangerous I’d agree.Then drivers would know exactly where they stand and there would be no argument that not only is it illegal to fit them but ‘use’ of them constitutes ‘obviously’ dangerous driving even if they are fitted.But that isn’t what’s being decided here. :bulb:

One point that hasn’t been mentioned, though inadvertently implied that he did not slow down, is that only the Mercedes cruise control does not switch off when you brake, but comes on again automatically. MAN, Daf, Scania, Volvo, Renault all switch off when you brake and you have to use the resume button to get it to engage again (or set it). This feature I find worrying about Mercs and has caught me out on approaching roundabouts before now. It is because it is different that it is worrying.

Of course if you drive Mercs all the time you would know that (which I presume Wagstaff did).

Hate to pull you up on that fella but you’re kind of wrong, about the Volvo anyway.

If you have the engine brake set to Auto, and you use cruise control, if you dab the brakes then the CC stays on when you take your foot off the brake. If the engine brake is set at anything else then yes once you brake the CC goes off.

Verdict returned on Ryszard Masierak.

Blue Day:

Sand Fisher:

Carryfast:

mattecube:
en.wikipedia.org/wiki/Dangerous_driving#“Dangerously”

To be fair going by the test of ‘obviousness’ I’d guess that the use of hands free communications and cruise control,as supposed evidence of ‘obviously’ ‘dangerous’ driving,could arguably be grounds for the defence to ask for the prosecution’s case to be thrown out ?.Unless it can show that use of either/both is now considered illegal and dangerous. :bulb:

While a ‘careful’ driver using correct forward observation and planning would be expected to turn off cruise control at the first sign of any form of hazard ahead needing to be ‘carefully’ dealt with or the need to over take traffic ‘carefully’.A mistake regarding forward observation and planning and resulting ‘incorrect use of’ cruise control seeming to fit the definition of ‘careless’ not ‘dangerous’ driving ?.

Having said that ‘if’ anyone is saying that use of hands free communications or cruise control should be banned as being ‘obviously’ dangerous I’d agree.Then drivers would know exactly where they stand and there would be no argument that not only is it illegal to fit them but ‘use’ of them constitutes ‘obviously’ dangerous driving even if they are fitted.But that isn’t what’s being decided here. :bulb:

One point that hasn’t been mentioned, though inadvertently implied that he did not slow down, is that only the Mercedes cruise control does not switch off when you brake, but comes on again automatically. MAN, Daf, Scania, Volvo, Renault all switch off when you brake and you have to use the resume button to get it to engage again (or set it). This feature I find worrying about Mercs and has caught me out on approaching roundabouts before now. It is because it is different that it is worrying.

Of course if you drive Mercs all the time you would know that (which I presume Wagstaff did).

Hate to pull you up on that fella but you’re kind of wrong, about the Volvo anyway.

If you have the engine brake set to Auto, and you use cruise control, if you dab the brakes then the CC stays on when you take your foot off the brake. If the engine brake is set at anything else then yes once you brake the CC goes off.

Wrong about the Merc too, the CC remains on if you use the continuous (exhaust) brake and if you use the service (foot) brake while the continuous brake is activated. But if you just use the service brake the CC cancels as soon as you put your foot on it.

its only verging on taboo in the uk because you have been brainwashed and manipulated by the media into thinking so.
[/quote]
I’ve probably already bored you with the story of the drunk driver who went around a roundabout the wrong way and crashed into me. Needless to say I have very strong views on drink driving and they don’t stem from media brainwashing.
[/quote]
Well said fella. I didn’t want to lower myself and reply to this clown who thinks its ok to DD. I cannot believe he said what he did!
[/quote]
^^^^^^^^^^^^
i never said it was ok,i said that over the years the media has brainwashed the general public the same way as they do with so many other issues that its a big deal to change the publics perception of it the same way as they are now trying to do with mobile phone use and speeding.
ireland isnt far ahead of eastern europe in that respect as its more laid back here and not seen as a big deal compared to the uk though they are trying hard to change the perspective albeit a lot slower.
mostly over here even the guards would think its ok to have a few pints and drive home so long as you dont rip the pish which is similar attitudes to living in the uk until the 90s
the flipflop was double the limit.thats 2 cans of cider,hardly baladdered drunk seeing as how 1 pint can have you over nowadays.
the fedex driver was on the phone,on the cruise,no doubt bored off his ■■■■ and on a night trunk.
i would think there would be a vast majority in here would be in his shoes right now apart from fate putting him in the wrong place at the wrong time.
as always in here though,thats not including the holier than thou brigade that never use the phone,never speed,never do 1 min over their time and all the rest of the halo wearing perfect truckie life they apparantly live.

It takes a lot more than 2 cans of strong lager to put an adult male at double the English drink/drive limit! More like 6-8 cans, even more if the drinking is spread over a few hours.

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Carryfast:

Sand Fisher:

Carryfast:
don’t think there’s any justification or place for use of cruise control in UK traffic and road conditions and would refuse to use it if any employer instructed me to[/b]

Not worked for XPO then? On Morrisons Bellshill told, nay instructed, to use it all the time!

It really is a no brainer to just say no on the grounds that 1 by definition it potentially creates,or at least adds to,the potential of a driver losing concentration by literally driving on ‘auto pilot’ and 2 it will be used as evidence against the driver in the event of a collision. :bulb: It really ceased to be an asset and becomes a dangerous liability anywhere other than daytime North American desert highways limited to 55mph.If the employer disagrees with that then walk away because it won’t be the employer who gets sent to jail.

A bad workman blames his tools.

mattecube:

Carryfast:

Sand Fisher:

Carryfast:
don’t think there’s any justification or place for use of cruise control in UK traffic and road conditions and would refuse to use it if any employer instructed me to[/b]

Not worked for XPO then? On Morrisons Bellshill told, nay instructed, to use it all the time!

It really is a no brainer to just say no on the grounds that 1 by definition it potentially creates,or at least adds to,the potential of a driver losing concentration by literally driving on ‘auto pilot’ and 2 it will be used as evidence against the driver in the event of a collision. :bulb: It really ceased to be an asset and becomes a dangerous liability anywhere other than daytime North American desert highways limited to 55mph.If the employer disagrees with that then walk away because it won’t be the employer who gets sent to jail.

A bad workman blames his tools.

Wrong!
It’s “A bad workman ALWAYS blames his tools”.
A good workman can and does do good work, but without a good tool he will not do such a good job as with a good tool.
I reckon I can do a fair days work in a truck. I reckon I can tell the difference between good and bad. Me saying a particular truck doesn’t mean I’m a bad workman or bad driver. That would end all criticism of trucks.

(If I am a bad driver, so be it, but it ain’t because I say my truck is a heap of rubbish)

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Always

mattecube:
Always

[emoji6]

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Franglais:

mattecube:
Always

[emoji6]

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That’s Gambled on Haulage for you lol

Roymondo:
It takes a lot more than 2 cans of strong lager to put an adult male at double the English drink/drive limit! More like 6-8 cans, even more if the drinking is spread over a few hours.

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^^^^^^^^
pish.
1 can of decent bru and your borderline…2 cans as in the cab floor and your double.
my mate got done in england after having 1 pint of bud with his staff dinner.
he isnt a drinker and was absolutely dry for days before the evening meal.
he was 000000000.1 or something tiny over the limit and plod charged him.
the guy is a total hamster who would never do the slightest thing illegal in any aspect of his life,definately passed the attitude test and the judge said that he thought it was abysmal to have to be in the position to do him.
banned for a year.
he is a rep making over £1000 a year and had to employ a driver to keep his job.
the flipflop will be crucified as the media need fed,mr fedex will be crucified for doing something that most others do every single day and night though he was a bit innatentive to be fair,and no doubt mr turban will escape any form of blame for obvious reasons,one of them being milanda.
wrong place,wrong time for all of them.

mattecube:
A bad workman blames his tools.

I’d guess that the type of driver who refuses to use cruise control,let alone who also prefers to drive a proper manual constant mesh box and all the advantageous implications of that regarding concentration levels and overall control of the vehicle,is the definition of a ‘good worker’ in this case.

While the type of driver who is reliant on automatic application of accelerator inputs is also predictably going to be the type of driver who either isn’t up to concentrating on the need for correct braking inputs either.Or who gets dumbed down to that level of steering wheel attendant if he’s forced to use it.Which probably also explains why the prosecution thinks it’s relevant to use the use of cruise control as evidence against a driver involved in a collision. :unamused: