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Lead rider to face stiffer penalties

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Paxovasa
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PostPosted: 16:46 - 25 Aug 2010    Post subject: Lead rider to face stiffer penalties Reply with quote

I have lead a group of riders and have be known to exceed the speed limit, I think it is wrong.

https://www.hmg.gov.uk/epetition-responses/petition-view.aspx?epref=Lead-Biker-Fined
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Last edited by Paxovasa on 17:08 - 25 Aug 2010; edited 1 time in total
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T1z3R
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PostPosted: 16:55 - 25 Aug 2010    Post subject: Reply with quote

lead by example.
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Paxovasa
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PostPosted: 16:56 - 25 Aug 2010    Post subject: Reply with quote

T1z3R wrote:
lead by example.


Yes, but you are responsible for yourself Thumbs Up

I have heard of solo riders been done as the police have thought they were part of a group that they were after.
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Last edited by Paxovasa on 17:09 - 25 Aug 2010; edited 1 time in total
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m0l0t0v
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PostPosted: 17:05 - 25 Aug 2010    Post subject: Reply with quote

T1z3R wrote:
lead by example.


So if the person in front crashes, cause of whatever, you'd follow him to and then blame him/her?


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Tonka
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PostPosted: 17:22 - 25 Aug 2010    Post subject: Reply with quote

Do they propose fining the first driver in a group of cars too? Confused

Everyone is responsible for their own actions. We all know the law and have done the requisite training to get our licence. If you don't like the way the others in the group ride then ride alone or find another group that suits you better. You're under no obligation to ride like the person in front of you, it's your own decision and if it turns out to be flawed, well tough!

Whatever happened to folk taking responsiblity for their own actions? Can I sue the Instructor who introduced me to the group I ride out with if something goes wrong, as if he hadn't I'd never have known them, wouldn't have been riding and it would never have happened?............. Evil or Very Mad [/rant]

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paulcdb
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PostPosted: 17:28 - 25 Aug 2010    Post subject: Reply with quote

Tonka wrote:
Whatever happened to folk taking responsiblity for their own actions?


that went out the window years ago, together with common sense... never to be seen again!
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m0l0t0v
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PostPosted: 17:40 - 25 Aug 2010    Post subject: Reply with quote

paulcdb wrote:
Tonka wrote:
Whatever happened to folk taking responsiblity for their own actions?


that went out the window years ago, together with common sense... never to be seen again!

Common sense isn't so common nowadays...
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colin1
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PostPosted: 17:53 - 25 Aug 2010    Post subject: Reply with quote

It's one thing being legally responsible for your dogs actions, I can just about agree with being legally responsible for your child actions, but if you ride with others, you dont have some magical power to make them obey the speed limit.

I think they are confusing motorbike rideouts with outings of ramblers. I cant think of many motorcyclists who would obey a command from their mate to ride within the speed limit.

Playing catchup, someone is more likely to speed, as the person at the head of the pack gets to pick when he overtakes.
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Ste
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PostPosted: 18:29 - 25 Aug 2010    Post subject: Reply with quote

lol, people still bother making epetitions.
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Bru
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PostPosted: 22:32 - 25 Aug 2010    Post subject: Reply with quote

It's a blunt and effective method of breaking up group rides. I could not find a specific answer to the petition, in the official reply. That's a government version of GTFO.
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dibbster
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PostPosted: 22:41 - 25 Aug 2010    Post subject: Reply with quote

From my experience, it tends to be the person at the back that is going the fastest trying to keep up.....

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colin1
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PostPosted: 23:20 - 25 Aug 2010    Post subject: Reply with quote

Bru wrote:
It's a blunt and effective method of breaking up group rides.


yeah true
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Alex A
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PostPosted: 00:04 - 26 Aug 2010    Post subject: Reply with quote

With all due respect, I don't think many of you guys understand the difference between the executive in government and the judiciary and court system.

There is absolutely no point in petitioning Number 10 about the verdict in a particular court case. The only way to challenge that judgement - and the legal precedent it sets in place - is to appeal through the court system. Only if it got so far as the House of Lords would it be a matter for the legislature (and indirectly the government) to intervene in a specific case.

If you want to change the legislation, then sure, the government is the place to go. But this isn't about the wording of the legislation (it says nothing about lead motorcyclists being culpable for causing an aggravating factor in others' speed). This is about the interpretation of that legislation by the courts. And that has nothing to do with government.

Which is why the response to that petition simply sets out the basics of the law on speeding and doesn't address that particular case or precedent.

So, if you're unhappy about it, don't petition government, wait if/until you're charged and then challenge the interpretation of the courts.

There's a very dangerous attitude in this country whereby if someone isn't happy about something, then somehow 'the government is responsible', or 'the government should do something about it'. That attitude is born of a fundamental misunderstanding of the very basic institutional structure and constitution (in the loose sense) of the state.
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G
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PostPosted: 09:13 - 26 Aug 2010    Post subject: Reply with quote

Alex A wrote:
stuff

Indeed. If you look at the 'repeal legislation' web site, there's all sorts of complete lack of understanding there.
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multijoy
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PostPosted: 09:19 - 26 Aug 2010    Post subject: Reply with quote

G wrote:
Alex A wrote:
stuff

Indeed. If you look at the 'repeal legislation' web site, there's all sorts of complete lack of understanding there.


I get a weekly dump of the database to trawl through. Sad

On the plus side, once we filter out the crackpots it is getting a serious look at!
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killa
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PostPosted: 09:30 - 26 Aug 2010    Post subject: Reply with quote

Nothing can stop riders riding without number plates.
If the government push their luck, you won’t see mine anymore.


Epetitions count for fuck all anyway don't they?
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Skudd
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PostPosted: 09:44 - 26 Aug 2010    Post subject: Reply with quote

dibbster wrote:
From my experience, it tends to be the person at the back that is going the fastest trying to keep up.....

Penny Coin Penny Coin



The end guy is always trying to catch up in most group rides, even if there is only three of you.

The lead guy does set the pace, even if they don't think they are.
I agree we are all responsable for ourselves, but you do feel, when in a group, the need to keep up.

The ideal would be the fastest at the back and slowest at the front.
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Kris
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PostPosted: 09:54 - 26 Aug 2010    Post subject: Reply with quote

Skudd wrote:
The ideal would be the fastest at the back and slowest at the front.


That requires a heck of a lot of discipline IME, far more than I've got. I often head the pack with a group of mates and before we set off I always explain whether it's a 'fast sweepers' ride out or a 'nadgery-technical twisty' one - and that everyone should ride within their limits. We always wait at roundabouts or turnings.

Mind you, not a great fan of pack riding generally.
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G
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PostPosted: 10:21 - 26 Aug 2010    Post subject: Reply with quote

Fastest at the back and slowest at the front will leave a tail of frustrated fast people behind a slow person that not only has to work out where to go, but has the pressure of knowing they are holding everyone else in the ride up.
Doesn't sound like it'd be that fun a ride really.

Fast person at the front and strict instructions to 'ride your own pace' seems to make most sense to me.

I do often lead, but don't like it really. Once crashed in to the back of a car while trying to work out what people behind me were doing (still hold that the car was going unnecessarily slow for the rest of the traffic Smile ).
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ws4936
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PostPosted: 10:42 - 26 Aug 2010    Post subject: Reply with quote

colin1 wrote:
I cant think of many motorcyclists who would obey a command from their mate to ride within the speed limit.


I can...when a certain hand signal is given Smile
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CptBlack
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PostPosted: 12:28 - 26 Aug 2010    Post subject: Reply with quote

I may be wrong, but I thought the government set guidelines for the courts on how to interperet the law - may be getting confused though.
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multijoy
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PostPosted: 13:14 - 26 Aug 2010    Post subject: Reply with quote

Alex A wrote:
Only if it got so far as the Supreme Court


Fixed that for you. You need to keep up! (It's in the middlesex guildhall, on parliament square before anyone accuses me of mistaking our system for the one over the pond Wink )

Even if it gets as far as here, it's still not a matter for legislation- the court would have to disallow the appeal (assuming that the lower courts applied the law correctly) and pointedly remark that the law ought to be looked at.

Potentially they could allow the appeal simply on the basis that the law was unfair, but that's a really slippery slope and is only likely to happen if the government of the day had really lost the plot. (Although they have indicated that if key human rights stuff were repealed they might actually consider doing so to maintain levels of protection)
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27cows
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PostPosted: 13:17 - 26 Aug 2010    Post subject: Reply with quote

If there's a group of you, swarm all over the road to block the old bill while the lead rider gets away. Then run the cops off the road. Job done Wink
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Alex A
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PostPosted: 13:52 - 26 Aug 2010    Post subject: Reply with quote

multijoy wrote:
Alex A wrote:
Only if it got so far as the Supreme Court


Fixed that for you. You need to keep up! (It's in the middlesex guildhall, on parliament square before anyone accuses me of mistaking our system for the one over the pond Wink


Interesting. I thought at first you were making some remark about the UK being the 51st state.

So effectively, the 'Law Lords' are now separated from the Legislative process in the House of Lords, and as such, the judiciary is separated from Parliament. All very American!

The consequence of that is that it's even less a matter for government to address.

I haven't looked very specifically at this case or the legislation surrounding, but my understanding is that the decision to convict the lead rider was very much based on the interpretation of the legislation surrounding aggravating factors leading to others speeding, and not as the result of anything specifically laid out in the legislation about motorcycle groups. As such, it's not the legislation that is in question per se, but the interpretation of that legislation, and it's perfectly possible that a higher court would accept a different interpretation were it appealed through the Court system.
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