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bigdom86
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PostPosted: 10:48 - 03 Nov 2015    Post subject: crossing double white lines Reply with quote

hypothetically if cars are at a stand-still and you have crossed double-white lines to overtake them at 5-10mph, you are then stopped by a couple of traffic coppers in central london and told you will receive a letter in the post in 10 days for £100 fine and 3 points which you can plead guilty or not-guilty too because you didn't give the magic "i am sorry officer", how likely is it you will receive this letter?

also if you get points on a CBT does this go on your car licence too or does it cancel once you have passed DAS?

cheers Thumbs Up
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weasley
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PostPosted: 10:54 - 03 Nov 2015    Post subject: Reply with quote

Your licence is your licence - the CBT is not a licence, it is a certificate of competence.

If you get points then they go on the only licence you have (ie, your driving licence) and stay there for however long is associated with the offence committed.

You will also have to inform your insurers of this change to your circumstances and declare them when obtaining a new policy (car, bike or whatever).
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stinkwheel
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PostPosted: 11:01 - 03 Nov 2015    Post subject: Reply with quote

If they said they'll send it, they probably will.

HOWEVER.

What you sorry for? If your account of the incident is accurate, you haven't broken any laws.

There is an exemption in regulations allowing you to cross a solid white line to pass STATIONARY traffic.

It WAS stationary right?

Quote:

(6) Nothing in paragraph (2)(b) shall be taken to prohibit a vehicle from being driven across, or so as to straddle, the continuous line referred to in that paragraph, if it is safe to do so and if necessary to do so—

(a)to enable the vehicle to enter, from the side of the road on which it is proceeding, land or premises adjacent to the length of road on which the line is placed, or another road joining that road;

(b)in order to pass a stationary vehicle;

(c)owing to circumstances outside the control of the driver;

(d)in order to avoid an accident;

(e)in order to pass a road maintenance vehicle which is in use, is moving at a speed not exceeding 10 mph, and is displaying to the rear the sign shown in diagram 610 or 7403;

(f)in order to pass a pedal cycle moving at a speed not exceeding 10 mph;

(g)in order to pass a horse that is being ridden or led at a speed not exceeding 10 mph; or

(h)for the purposes of complying with any direction of a constable in uniform or a traffic warden.


The Traffic Signs Regulations and General Directions 2002

So assuming they were stationary, you plead not guilty. The above is your defence and you'd best hope they have video of the incident, otherwise it's your word against theirs if they decide to lie about it.

Was the area covered by CCTV? If it was, put your subject access request in now.

Were they traffic cops in your hypothetical situation? A beat cop may not be aware of the above and dig himself a hole in court. Be interesting to see what they put in their statement. It will all hinge on wether or not the cars were stationary.

If they WERE moving, and can be shown to have been moving, plead guilty as soon as possible, take the points, pay the £100.
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c_dug
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PostPosted: 11:34 - 03 Nov 2015    Post subject: Reply with quote

I take it this is Lower Thames Street we're talking about? I've been wondering how long it would take them to tug somebody there for that!

Interesting what Stinkwheel has posted, I wasn't aware of the exemption, I'll have to bear that in mind, I reckon this will be an ongoing theme until the cycle highway works are complete.
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Rockhopper
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PostPosted: 11:38 - 03 Nov 2015    Post subject: Reply with quote

It says "a stationary vehicle", not a whole queue of vehicles.
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rubyhorse2
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PostPosted: 12:21 - 03 Nov 2015    Post subject: Reply with quote

the lack of an 's' wont matter if you ask me as other wording in that document does not include the plural.

It will really be an issue of what all the traffic stationary or not.
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ADSrox0r
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PostPosted: 12:24 - 03 Nov 2015    Post subject: Reply with quote

I would read that as the pertinent points being "safe" and "necessary" to pass. Double whites are usually there for a reason and crossing them often implies a danger from oncoming traffic that may be obstructed from immediate line of sight. It'd be the "necessary" part I think that would be argued if you contested, what dictated that it was 'necessary' for you to cross the lines other than to 'make progress'?
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Rogerborg
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PostPosted: 12:37 - 03 Nov 2015    Post subject: Reply with quote

The "stationary" issue has come up a few times.

I believe that T.C. opined that it's been held to mean waiting - i.e. parked - traffic, rather than traffic that's simply unable to proceed.

I notice that the Highway Code have carefully not clarified it:

https://www.gov.uk/guidance/the-highway-code/general-rules-techniques-and-advice-for-all-drivers-and-riders-103-to-158

Google definition (but not the OED, which I don't have to hand):
https://www.google.co.uk/search?q=define%3Astationary

"Not moving or not intended to be moved"

Nicely ambiguous.

Case law will rule.

Shall we crowdsource the research?

https://www.bailii.org/

Plenty of cases with combinations of "overtaking solid white line stationary" - most of them involving motorcycles - but I can't see anything that clears it up.
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bigdom86
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PostPosted: 13:01 - 03 Nov 2015    Post subject: re Reply with quote

hypothetically yes the cars would be completely stationary on the left side however there may be cars coming towards you on the right side at a slow speed.

the traffic cops would be the type on proper bikes (in my mind they look like those big bmw adventure bikes) not the ones on the 3wheel scooters.

the road in question is this:

A3220 just before the cross road with battersea bridge road (under the small bridge):

[img]https://www.google.com/maps/@51.4702022,-0.1644427,3a,90y,337.42h,52.34t/data=!3m6!1e1!3m4!1sFBAIPHEYFtZmlf7D0Xn04g!2e0!7i13312!8i6656[/img]

in the pic i crossed over slightly where the grey lexus is. hypothetically i see motorbikes do it all the time
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bigdom86
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PostPosted: 13:04 - 03 Nov 2015    Post subject: re Reply with quote

the two coppers would be standing on that side road to the right, one with a speed camera too
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Amber Phoenix
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PostPosted: 13:14 - 03 Nov 2015    Post subject: Reply with quote

Interesting debate and one that often crosses my mind when I head through East India Dock Tunnel, which often has two lanes of stationary traffic going in the same direction, with solid double whites separating them. Plenty of bikers pile down the middle on the solid double whites.
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ScaredyCat
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PostPosted: 13:34 - 03 Nov 2015    Post subject: Reply with quote

Rockhopper wrote:
It says "a stationary vehicle", not a whole queue of vehicles.


Section 6 of the Interpretation Act 1978 says that doesn't matter.

Quote:
6 Gender and number.

In any Act, unless the contrary intention appears,—
(a)words importing the masculine gender include the feminine;

(b)words importing the feminine gender include the masculine;

(c)words in the singular include the plural and words in the plural include the singular.


https://www.legislation.gov.uk/ukpga/1978/30/section/6
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Rogerborg
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PostPosted: 13:38 - 03 Nov 2015    Post subject: Reply with quote

Arfa__ wrote:
Interesting debate and one that often crosses my mind when I head through East India Dock Tunnel, which often has two lanes of stationary traffic going in the same direction, with solid double whites separating them. Plenty of bikers pile down the middle on the solid double whites.

The problem with those lines is that they don't mean what they're meant to mean.

The intention is to stop traffic changing lanes.

However:

TSRGD 2002 wrote:
every vehicle proceeding on any length of road along which the marking has been so placed that, as viewed in the direction of travel of the vehicle, a continuous line is on the left of a broken line or of another continuous line, shall be so driven as to keep the first-mentioned continuous line on the right hand or off side of the vehicle.

On a strict reading, nobody should be using the right hand lane. There's no offence committed by crossing right-to-left.

I believe that some (not all) of such markings have had byelaws passed that attempt to contradict TSRGD, but it would be a cold day in hell before I would roll over on that charge.

In OP's situation, it's a tough call. I'd try and wangle a free chat with a specialist motoring solicitor. Ask them pointed questions about the case law on "stationary". If they don't know, then you could do as good a job arguing it yourself on the plain English interpretation.
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bigdom86
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PostPosted: 15:26 - 03 Nov 2015    Post subject: re Reply with quote

the only bit i am concerned about if i contest it is, "if necessary"; how would i convince a magistrate hypothetically that overtaking stationary cars is necessary rather than waiting a minute or so for traffic?

after this stretch of double white lines which goes right under the bridge and turns left there are traffic lights so there is always traffic backed up here in the morning right back maybe 200-300m. the double solid white lines only start at the dip to the bridge and finish after it before the lights
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Rogerborg
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PostPosted: 15:59 - 03 Nov 2015    Post subject: Re: re Reply with quote

bigdom86 wrote:
how would i convince a magistrate hypothetically that overtaking stationary cars is necessary rather than waiting a minute or so for traffic?

You probably won't if Dibble shows up and has a rant about your kitten murdering.

CPS would (I expect) say that "necessary" implies that "stationary" means waiting/parked as it's never "necessary" to overtake just to "skip the queue".

Counterpoint, when would it ever be "necessary" to overtake a slow moving pedalist rather than just hanging back? And yet it's explicitly allowed.

Of course, those hypotheticunstables would do the same themselves in an instant: much the same wording applies to using dashed-line bordered hatched areas, and I recall G saying that the copper on his BikeSafe just battered through them.

By the way: poor obs. Wink
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ScaredyCat
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PostPosted: 16:18 - 03 Nov 2015    Post subject: Re: re Reply with quote

bigdom86 wrote:
the only bit i am concerned about if i contest it is, "if necessary"; how would i convince a magistrate hypothetically that overtaking stationary cars is necessary rather than waiting a minute or so for traffic?


It depends on how your phrase it:

1) If it is safe to do so and if necessary to do so in order to pass a stationary vehicle.

2) If it is safe to do so and if necessary to do so, in order to pass a stationary vehicle.

Subtle, but crucial difference as to if it is the act of passing that is necessary or that in order for you to complete the move you must necessarily pass the other vehicle.


I would say that 1 applies, there's no comma in the original act.
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bigdom86
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PostPosted: 16:20 - 03 Nov 2015    Post subject: re Reply with quote

cheers. still a bit 50/50 but apparently have 10 days till i get the letter. did you take a look at the pic?

if i contest and the officer in question turns up in court and wins could i then get done for dangerous driving too as in theory from certain distances it is a blind bend? although my overtake was on the bend where i can see oncoming traffic
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ScaredyCat
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PostPosted: 16:24 - 03 Nov 2015    Post subject: Reply with quote

There are many, myself included, who would like to refer to your case if you decide to take it further. It would decide once and for all what the situation was.

From a personal stance, I'm not entirely sure I'd be brave enough to take on for the team here if I had only done my CBT.

I'd like you to fight it, but reasonably, I'd expect you to take the £100 and points on the chin and get on with your life.
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wr6133
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PostPosted: 17:00 - 03 Nov 2015    Post subject: Re: re Reply with quote

bigdom86 wrote:
get done for dangerous driving too


They would have to charge you with the offence first. A court can't find you guilty on an offence and then arbitrarily upgrade it to a more serious one.
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The Disapproving Brit
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PostPosted: 17:00 - 03 Nov 2015    Post subject: Re: re Reply with quote

Rogerborg wrote:

CPS would (I expect) say that "necessary" implies that "stationary" means waiting/parked as it's never "necessary" to overtake just to "skip the queue".


It might not be necessary to overtake, but if you're gonna, it's necessary to cross the white line. I'd be tempted to argue it if I had helmet cam footage or could get CCTV, but the costs for failure are a bit high.
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J4mes
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PostPosted: 17:05 - 03 Nov 2015    Post subject: Re: re Reply with quote

bigdom86 wrote:


in the pic i crossed over slightly where the grey lexus is. hypothetically i see motorbikes do it all the time


Blind-ish left hand bend and on close approach to a junction.

Hmm

Neutral
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stinkwheel
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PostPosted: 17:14 - 03 Nov 2015    Post subject: Reply with quote

No journey by vehicle is strictly "necessary".

Thing is, I'd have argued the toss there and then. AND made sure it was recorded in their notebooks that the vehicles I passed were stationary when they asked if I had anything to say, this being a point which my defence would rest upon.

An outright denial of any wrongdoing often confuses policemen.

That said, I have never given a second thought to passing stationary traffic on a solid white line and would do (probably have done) it in front of a copper without even considering they might stop me.

I've even run ALONG the white line without crossing it to filter past moving traffic and have definately done so actually past a police car. I remember doing it very carefully because I knew they were watching. I remember thinking I hope they were football and not rugby fans.
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Rogerborg
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PostPosted: 17:15 - 03 Nov 2015    Post subject: Reply with quote

ScaredyCat wrote:
There are many, myself included, who would like to refer to your case if you decide to take it further. It would decide once and for all what the situation was.

Not unless it gets to divisional or appeals.

I'd be surprised if it's not got that far already, but I can't see a relevant case in https://bailii.org

T.C is the chap for this.
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bigdom86
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PostPosted: 19:06 - 03 Nov 2015    Post subject: re Reply with quote

this is how it went:

filtering traffic before the double solid white lines at around 5-10mph, come up to double solid white lines and continue to filter, no oncoming traffic.

two coppers on right side of road, one holding a speed trap camera or a recording camera? not too sure.

pulls me over into that junction on the right.

office "what are you doing? you saw me standing there and you just continued do you know what you did wrong"

me "i am not too sure really, i was just filtering"

him "the correct answer would be, "i am sorry officer", now i will need to fine you and issue you 3 points, can i see you licence"

i give licence

him "do you call that filtering?"

me "if they are stationary cant i filter past them on the inside of the lines"

him " you crossed the lines, and no you cant filter past them on double white lines, you can if you stay within the line or pass on the left against the brick wall"

me " i didnt cross them, i was on the left side of the lines"

him "yes you did"

me "ok well that must have been my mistake then if i did indeed cross them"

he mentions something about me doing a cbt and if i would fail if i did that in the test, i said yes if indeed i did cross the white lines, not in a cocky way but was just talking.

we then discussed DAS and different licences for a bit, thought he would let me off. then said "right wait 10 days, you can plead guilty or not guilty, if you plead not guilty i will see you in court and its your word against mine, now on your way"

as i was getting ready to leave, a guy on an r1 or r6 not too sure comes blasting around the corner right over the white lines in the middle of the road, copper puts his arm out and signals for him to pull over, guy hesitates then just zooms off - second officer says dont worry got his number plate.

maybe i should have just zoomed off like the other guy
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bigdom86
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PostPosted: 19:10 - 03 Nov 2015    Post subject: re Reply with quote

oh and he didnt give me a ticket or anything, or did that statement "whatever you can say will be given in evidence in court etc etc
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