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| meenie |
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 meenie Borekit Bruiser

Joined: 24 Aug 2006 Karma :    
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 Posted: 10:38 - 01 Sep 2006 Post subject: GATSO & Human Rights! |
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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 |
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| Luke_Retrofly |
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 Luke_Retrofly Silly Lesbian

Joined: 05 Jul 2003 Karma :     
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 Posted: 10:43 - 01 Sep 2006 Post subject: |
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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
Luke ____________________ Flounced - Long overdue
Fuck you bitch I'm in the top 10 list I can do the what the fuck I want! |
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| andrea |
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 andrea World Chat Champion
Joined: 26 Feb 2006 Karma :  
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 Posted: 13:45 - 01 Sep 2006 Post subject: |
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Id rather get the fine than the points too.
Good find, may come in useful  |
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| Wafer_Thin_Ham |
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 Wafer_Thin_Ham Super Spammer

Joined: 18 Nov 2005 Karma :    
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 Posted: 20:31 - 01 Sep 2006 Post subject: |
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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 |
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| plugger147 |
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 plugger147 World Chat Champion

Joined: 13 Mar 2005 Karma :     
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 Posted: 22:51 - 01 Sep 2006 Post subject: |
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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.
All I can see it doing though is changing the procedure they use for prosecuting drivers.  ____________________ Tristan the wrote: just whipped off my trousers to find a big bruise on my arse, caused by matt rear ending me... |
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| keokai |
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 keokai Renault 5 Driver

Joined: 04 Sep 2006 Karma :    
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| Mrs Kickstart |
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 Mrs Kickstart Brolly Dolly
Joined: 06 Apr 2004 Karma :  
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 Posted: 18:01 - 11 Sep 2006 Post subject: |
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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 -- www.pepipoo.com |
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| plugger147 |
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 plugger147 World Chat Champion

Joined: 13 Mar 2005 Karma :     
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| keokai |
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 keokai Renault 5 Driver

Joined: 04 Sep 2006 Karma :    
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 Posted: 09:24 - 15 Sep 2006 Post subject: |
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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  |
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| helmethead |
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 helmethead L Plate Warrior
Joined: 23 Aug 2006 Karma :  
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| Walloper |
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 Walloper Super Spammer

Joined: 24 Feb 2005 Karma :   
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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| mr jamez |
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 mr jamez World Chat Champion

Joined: 04 Aug 2003 Karma :   
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 Posted: 21:58 - 15 Sep 2006 Post subject: |
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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"
 ____________________ NSR 125F > BROS 400 > NC30 > BROS 400 > Trumpet S4 > '97 VFR 750 |
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| Walloper |
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 Walloper Super Spammer

Joined: 24 Feb 2005 Karma :   
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| mr jamez |
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 mr jamez World Chat Champion

Joined: 04 Aug 2003 Karma :   
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 Posted: 22:18 - 15 Sep 2006 Post subject: |
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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
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 |
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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| Retro-Man |
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 Retro-Man Traffic Copper

Joined: 21 Aug 2004 Karma :  
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 Posted: 22:34 - 15 Sep 2006 Post subject: |
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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 |
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| Walloper |
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 Walloper Super Spammer

Joined: 24 Feb 2005 Karma :   
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 Posted: 22:37 - 15 Sep 2006 Post subject: |
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OK  ____________________ W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair |
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| Walloper |
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 Walloper Super Spammer

Joined: 24 Feb 2005 Karma :   
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| Retro-Man |
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 Retro-Man Traffic Copper

Joined: 21 Aug 2004 Karma :  
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 Posted: 22:51 - 15 Sep 2006 Post subject: |
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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 |
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| Retro-Man |
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 Retro-Man Traffic Copper

Joined: 21 Aug 2004 Karma :  
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| mr jamez |
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 mr jamez World Chat Champion

Joined: 04 Aug 2003 Karma :   
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| Retro-Man |
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 Retro-Man Traffic Copper

Joined: 21 Aug 2004 Karma :  
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 Posted: 22:57 - 15 Sep 2006 Post subject: |
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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"  ____________________ https://domharnessphotography.webs.com |
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| syl |
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 syl World Chat Champion

Joined: 05 Dec 2005 Karma :   
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| Retro-Man |
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 Retro-Man Traffic Copper

Joined: 21 Aug 2004 Karma :  
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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? |
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