Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


GATSO & Human Rights!

Reply to topic
Bike Chat Forums Index -> Biking News & Rumours Goto page 1, 2, 3, 4  Next
View previous topic : View next topic  
Author Message

meenie
Borekit Bruiser



Joined: 24 Aug 2006
Karma :

PostPosted: 10:38 - 01 Sep 2006    Post subject: GATSO & Human Rights! Reply with quote

If you don't read or havent seen this weeks MCN newspaper, there is an article that caught my attention. Clearly I can't repeat the article due to copyright etc, but the basic premise is this:

Quote:
O'Halloran and Francis v UK.
The case will be heard in the ECHR (European Court of Human Rights) on 27th September 2006.

What is supposed to have happened is that as a driver was snapped on a GATSO supposed to be doing 41mph in a 30mph zone, he recieved a Notice of Intended Prosecution. He refused to sign said document and admit he was the driver, believing it infringed his right to remain silent and his right not to incriminate himself. Both are basic human rights under Section 6 of the European Convention on Human Rights.

The case has been rejected by the UK High Courts so he is off to the main ECHR. His case has also been taken up by Liberty.

It has to be stressed that the ECHR decisions do not have to be used in UK law but they have to be taken into account. And any decision that goes against the ECHR in a UK court would be a violation of the Human Rights Act.


This won't be a "get out of jail free" card however, only more likely to make speeding and being caught on a GATSO a civil rather than criminal offence, meaning you would still get a heafty fine, but no points.

Interesting times possibly.
____________________
Owner : ZXR750L3 ('96) My bike @ BikePics.com
Wearer: Alpinestars & Shoei
SafeSpeed
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Luke_Retrofly
Silly Lesbian



Joined: 05 Jul 2003
Karma :

PostPosted: 10:43 - 01 Sep 2006    Post subject: Reply with quote

hmmm that could be good, as they will still get the money, which is what they are after, id rather pay a bigger fine than points any day Thumbs Up

Luke
____________________
Flounced - Long overdue
Fuck you bitch I'm in the top 10 list I can do the what the fuck I want!
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

andrea
World Chat Champion



Joined: 26 Feb 2006
Karma :

PostPosted: 13:45 - 01 Sep 2006    Post subject: Reply with quote

Id rather get the fine than the points too.

Good find, may come in useful Thumbs Up
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Wafer_Thin_Ham
Super Spammer



Joined: 18 Nov 2005
Karma :

PostPosted: 20:31 - 01 Sep 2006    Post subject: Reply with quote

They reckon the speeder is guarenteed a win. They had one in australia recently. So now they've had t re-do the system out there so it's only a civil offence.
____________________
My Flickr
 Back to top
View user's profile Send private message You must be logged in to rate posts

plugger147
World Chat Champion



Joined: 13 Mar 2005
Karma :

PostPosted: 22:51 - 01 Sep 2006    Post subject: Reply with quote

I didn't realise that the 2 guy's were still at it, I hope they do have some luck with this they've been at it for a while. Wish I'd have had the money and time to do it myself last time I got done.

This would not only apply to gatso's though it could be used for any nip offence. (traffic lights,scamera van's)

When I got done I strung it out as long as I could, thought I'd got away with it then 3 days before the 6 month's was up I got a court date for traffic offence and s172 (not giving drivers detail's) both at the same time. Evil or Very Mad

All I can see it doing though is changing the procedure they use for prosecuting drivers. Crying or Very sad
____________________
Tristan the wrote: just whipped off my trousers to find a big bruise on my arse, caused by matt rear ending me...
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

keokai
Renault 5 Driver



Joined: 04 Sep 2006
Karma :

PostPosted: 14:01 - 11 Sep 2006    Post subject: Reply with quote

Within UK law, we still maintain the right to remain silent however,
the government got around this when they changed the caution to include the following:

'you do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court.'

It will be interesting to see how the EC Law which is superior to UK law will take this interpretation to protect Human Rights aspect and how they will rule on this matter.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Mrs Kickstart
Brolly Dolly



Joined: 06 Apr 2004
Karma :

PostPosted: 18:01 - 11 Sep 2006    Post subject: Reply with quote

Hi,

"Within UK law, we still maintain the right to remain silent" however this does not realy apply to the S172 request sent out for speeding(etc) offences as if you complete they will use it as a confession in court. If you do not they prosecute you for not filling it in.

Hence the confession was made under druress (threat of criminal penalty)

It will probabaly be a few months yet before it is sorted but this is is one of several legal defences to a nasty note from the scammera. Should you get one ,do your research before responding.

It will apply to all camera offences where the only way to know who was driving is if they confess.

Regards
Charlotte
____________________
Help fight the safety camera partnerships Twisted Evil -- www.pepipoo.com
 Back to top
View user's profile Send private message You must be logged in to rate posts

plugger147
World Chat Champion



Joined: 13 Mar 2005
Karma :

PostPosted: 22:01 - 11 Sep 2006    Post subject: Reply with quote

The problem I had was that they took me to court for both (speeding and s172)at the same time, I spent age's on piepoo(sp) and spoke with a solicitor and everyone said the same thing.

I would have to incriminate myself for speeding to defend the s172 charge, the normal route was at the time to be taken to court for just the s172 not both. At least at the end of it my fine went to the court not the scamera's.
____________________
Tristan the wrote: just whipped off my trousers to find a big bruise on my arse, caused by matt rear ending me...
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

keokai
Renault 5 Driver



Joined: 04 Sep 2006
Karma :

PostPosted: 09:24 - 15 Sep 2006    Post subject: Reply with quote

In light of Mrs Kickstarts post, I am wondering that there maybe an argument for silence on the grounds that the situation is so complex that that it would be unreasonable in those circumstanes to give an anwser; I can see why Art.6 maybe relied on.

Just a thought, I'm off today Very Happy
 Back to top
View user's profile Send private message You must be logged in to rate posts

helmethead
L Plate Warrior



Joined: 23 Aug 2006
Karma :

PostPosted: 20:41 - 15 Sep 2006    Post subject: poxy gatsos Reply with quote

l really hope that this nazi government get their arse kicked big time in the european cort over this issue.Did you read Richard Hammonds' item in MCN about this camera infested nation- wise words from the little guy.Personally, l'd like to see every one of the bastard cameras crushed and l'm sick of hearing the same bullshit from rospa,brake and all the other safety groups bleating about how they save lives and that all motorists are one step away from being butchering monsters each time we go out on the roads. LONG LIVE CAPTAIN GATSO!! .|..
____________________
captain gatso is GOD!
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Walloper
Super Spammer



Joined: 24 Feb 2005
Karma :

PostPosted: 21:45 - 15 Sep 2006    Post subject: Reply with quote

GATSO, TRUVELO, SPECS, RADAR, LASER etc.
All there because too many selfish cnuts do not know what a safe speed is.

As I have said, these devices are put there after accidents or complaint from police or locals.

They operate to save life and limb.

What part of that isn't understood?

DON'T GET ANGRY....

SLOW DOWN.....!
____________________
W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair
 Back to top
View user's profile Send private message You must be logged in to rate posts

Kickstart
The Oracle



Joined: 04 Feb 2002
Karma :

PostPosted: 21:51 - 15 Sep 2006    Post subject: Reply with quote

They should only be put there after accidents where speed was a factor. However they just throw them where they want.

And the locals round here are being would up to demand them by an ambitous minor politician.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

mr jamez
World Chat Champion



Joined: 04 Aug 2003
Karma :

PostPosted: 21:58 - 15 Sep 2006    Post subject: Reply with quote

A bit silly placing so much faith in the current safety policy, cameras and lasers when every year we see them making no noticeable difference.

Walloper "Yeah but its the law so ner"

Laughing
____________________
NSR 125F > BROS 400 > NC30 > BROS 400 > Trumpet S4 > '97 VFR 750
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Walloper
Super Spammer



Joined: 24 Feb 2005
Karma :

PostPosted: 22:09 - 15 Sep 2006    Post subject: Reply with quote

mr jamez wrote:
A bit silly placing so much faith in the current safety policy, cameras and lasers when every year we see them making no noticeable difference.

Walloper "Yeah but its the law so ner"

Laughing


Are you getting 'personal' Jimmy?

Did I say anything referring to the law?

The argument for speed control systems is based on the effects of vehicle velocity in overall stopping distances.

Ask yourself if you'd rather stand in front of a car travelling towards you at 35 MPH or 30 MPH?

Do the math and you will get an idea if your odds of getting a coffin or a hospital bed.
____________________
W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair
 Back to top
View user's profile Send private message You must be logged in to rate posts

mr jamez
World Chat Champion



Joined: 04 Aug 2003
Karma :

PostPosted: 22:18 - 15 Sep 2006    Post subject: Reply with quote

Are the brakes in a decent condition? Have the tyres got plenty of tread? is the driver paying attention to the road or looking at his speedo?

Sorry what speed were they going again? as the above has more bearing on whether I would survive or not, impact not free travelling speed remember Wink

Perhaps if people considered learning how to cross a road they wouldn't end up standing in front of a moving car.
____________________
NSR 125F > BROS 400 > NC30 > BROS 400 > Trumpet S4 > '97 VFR 750
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Kickstart
The Oracle



Joined: 04 Feb 2002
Karma :

PostPosted: 22:18 - 15 Sep 2006    Post subject: Reply with quote

Walloper wrote:
The argument for speed control systems is based on the effects of vehicle velocity in overall stopping distances.


Which is a part of the problem, as that ignores factors.

Like placing bets on an ex athlete to win a running race against me. While not bothering to check if they have the use of their legs.

Walloper wrote:
Ask yourself if you'd rather stand in front of a car travelling towards you at 35 MPH or 30 MPH?


If the one doing 35 is looking forward ready to brake while the one doing 30 is bored and fiddling with the radio?

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Retro-Man
Traffic Copper



Joined: 21 Aug 2004
Karma :

PostPosted: 22:34 - 15 Sep 2006    Post subject: Reply with quote

the only effect sticking to the speed limit has had on me is that I go comatose and fall asleep at the wheel....


I'd take my chances with an alert driver doing 40mph against a comatose driver doing 30 mph any day
____________________
https://domharnessphotography.webs.com
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

Walloper
Super Spammer



Joined: 24 Feb 2005
Karma :

PostPosted: 22:37 - 15 Sep 2006    Post subject: Reply with quote

Brick Wall

OK Shocked
____________________
W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair
 Back to top
View user's profile Send private message You must be logged in to rate posts

Walloper
Super Spammer



Joined: 24 Feb 2005
Karma :

PostPosted: 22:44 - 15 Sep 2006    Post subject: Reply with quote

mr jamez wrote:


Perhaps if people considered learning how to cross a road they wouldn't end up standing in front of a moving car.


I think people were crossing the road long before cars were using them.

Is it not high time car drivers LEARNED how to share the road sensibly and un-selfishly?


And:
It is against the law to use a vehicle on a public highway if brakes are defective.

I think the learning part falls on the driver there again.
If the driver doesn't know the brakes of the vehicle are defective then he/she should be walking too.
____________________
W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair
 Back to top
View user's profile Send private message You must be logged in to rate posts

Retro-Man
Traffic Copper



Joined: 21 Aug 2004
Karma :

PostPosted: 22:51 - 15 Sep 2006    Post subject: Reply with quote

problem is your assuming a direct link between accidents and speed, if this were the case then all the accidents would be on motorways????

Speed is played on by the government and safety nazis because they fail to have the intelligence to understand the true cause of accidents.

poor levels of spatial awareness and poor overall driving standards, the only time speed has any factor is if it is being used when not appropriate.

As the old wise saying goes its not speed itself that kills just the incorrect use of speed that kills"

the base of the matter is that if the government admitted that there was no direct link between speed and accidents they would fail to have any reason to keep putting up new scameras.
____________________
https://domharnessphotography.webs.com
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

Retro-Man
Traffic Copper



Joined: 21 Aug 2004
Karma :

PostPosted: 22:53 - 15 Sep 2006    Post subject: Reply with quote

Walloper wrote:



I think people were crossing the road long before cars were using them.




Yes I agree, but they ain't paying the fookin tax are they...... Question
____________________
https://domharnessphotography.webs.com
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

mr jamez
World Chat Champion



Joined: 04 Aug 2003
Karma :

PostPosted: 22:53 - 15 Sep 2006    Post subject: Reply with quote

Walloper wrote:


I think people were crossing the road long before cars were using them.

Is it not high time car drivers LEARNED how to share the road sensibly and un-selfishly?



So why do I have kids stepping out in front of my car all the time? (of course I would get blamed if I squished one) I was taught how to cross a road when I was younger. You can't just shoulder all the blame onto motorists and expect them to deal with the problem.

Last time I checked the roads weren't for pedestrians.

Walloper wrote:


It is against the law to use a vehicle on a public highway if brakes are defective.



Lucky we have cameras to pick up all these dangerous cars then isn't it Thumbs Up I think we were just pointing out the stupidly simplistic views that the 'safety' people blabber on about, which was typified in your post.
____________________
NSR 125F > BROS 400 > NC30 > BROS 400 > Trumpet S4 > '97 VFR 750
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Retro-Man
Traffic Copper



Joined: 21 Aug 2004
Karma :

PostPosted: 22:57 - 15 Sep 2006    Post subject: Reply with quote

AGREE

What is actually a very complex issue that all road users need to take some responsibilty for is over simplified by the safety nazis as " cut your speed" "speed kills" Rolling Eyes Brick Wall Hand
____________________
https://domharnessphotography.webs.com
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

syl
World Chat Champion



Joined: 05 Dec 2005
Karma :

PostPosted: 22:58 - 15 Sep 2006    Post subject: Reply with quote

Walloper wrote:
As I have said, these devices are put there after accidents or complaint from police or locals.

They operate to save life and limb.

What part of that isn't understood?


Sorry, I completely disagree with your post. The evidence (of accidents) that is used to site cameras can be farsical.

Cameras are a cheap way of "doing something" - and unfortunately "doing something" is never the same as "doing the right thing".

Not only are cameras cheap compared to the cost of manpower, it actually happens to bring a bit of money in as well - which is a nice little bonus for the government.
____________________
Current bike: Kawasaki Z750S


Last edited by syl on 23:01 - 15 Sep 2006; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

Retro-Man
Traffic Copper



Joined: 21 Aug 2004
Karma :

PostPosted: 23:00 - 15 Sep 2006    Post subject: Reply with quote

dmahon wrote:

Sorry, I completely disagree with your post. The evidence (of accidents) that is used to site cameras can be farsical.


dmahon


recently it would be fair to say there has been a lot of your posts I have a differing opinon on....

but in this case..

Amen to that Thumbs Up
____________________
https://domharnessphotography.webs.com
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts
Old Thread Alert!

The last post was made 19 years, 162 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> Biking News & Rumours All times are GMT
Goto page 1, 2, 3, 4  Next
Page 1 of 4

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.11 Sec - Server Load: 0.59 - MySQL Queries: 14 - Page Size: 136.84 Kb