Handling road rage car vs bike

**YellowDog** · 23rd July 2016, 11:58

Pretty unbelivable to see that the rider considered suicide a preferable option to keeping safe.

No question the driver needs locking up, but to release that video to the police would also put the rider in serious trouble too

**TheDemonLord** · 23rd July 2016, 12:10

Originally Posted by YellowDog

Pretty unbelivable to see that the rider considered suicide a preferable option to keeping safe.

No question the driver needs locking up, but to release that video to the police would also put the rider in serious trouble too

I think the Rider would have reasonable grounds to claim genuine fear of his life.

I know in NZ the Land Transport act has a provision that pretty much says 'If you genuinely believe you are in danger - disregard all the rules' - I would assume the states have a similar provision.

**Katman** · 23rd July 2016, 12:25

Originally Posted by TheDemonLord

I think the Rider would have reasonable grounds to claim genuine fear of his life.

I know in NZ the Land Transport act has a provision that pretty much says 'If you genuinely believe you are in danger - disregard all the rules' - I would assume the states have a similar provision.

Like riding into oncoming traffic???

**TheDemonLord** · 23rd July 2016, 12:29

Originally Posted by Katman

Like riding into oncoming traffic???

I personally wouldn't have done that, but he could have made the case that riding into oncoming traffic was safer than riding on the side of the person trying to kill him...

**Katman** · 23rd July 2016, 13:00

Originally Posted by TheDemonLord

I personally wouldn't have done that, but he could have made the case that riding into oncoming traffic was safer than riding on the side of the person trying to kill him...

Bullshit.

Riding into oncoming traffic is endangering other peoples lives and wouldn't stand a shit show of being used as a defence.

**Duncan74** · 23rd July 2016, 13:04

Not had quite that bad on the motorbike, but that bad when on the pedal cycle, and almost that bad when on the scooter. On the motorbike then I've just stopped in the shoulder, waited 2 mins to let the adrenaline drop, then ridden on. The pedal cycle then I admit the red mist has come down a few times, mainly as I've le the first two incidents slide on a ride and then a third person pushes me over the edge. Also you are a lot more exposed on a cycle than even a motorbike.

On the motorbike I have two numbers on the Sena Speed-dial, my wife and *555. I've used the second one a lot more than the former when riding.

In the case of the clip I'd have u-turned, and if that hadn't worked, stopped at the petrol station that he passed - guaranteed CCTV and police would be there double quick.

I'm a lot calmer on the bike than the in the car. I just know that faced with a dick in a car, no matter how right/skilled/aggressive/passive I am, there's only ever going to be one winner and it's not me. So now I just slow down and let the nuts head off. Last night had a numpty in a minivan on my rear wheel coming back from Auckland. Was weaving around behind in and out of shoulder and then over the solid yellow for no reason. First passing lane I tried moving a few vehicles ahead, but he decided to floor it and so I just pulled in and dropped the speed. He then pulled in in front, so I needed to slow again but I don't like following something I can't see over when I suspect they aren't focussed on the road in front. Next passing lane, then he slowed to 80, so I went past a couple, and sure enough he's on my tail again, so I slow again, this time he carries on flying past at 120+. As he gets 200m ahead then the disco lights go on in the shoulder as the police car waiting at the end of the passing lane decides to pull.....the car in front of him for speeding. I was gutted.

**YellowDog** · 23rd July 2016, 13:08

Originally Posted by Katman

Bullshit.

Riding into oncoming traffic is endangering other peoples lives and wouldn't stand a shit show of being used as a defence.

It is quite funny how stopping, pulling out a gun and shooting the moron, would have been perfectly legal.

But instead, he almost killed himself, as well as endangering the lives of others, and landed up in jail too.

They are probably now sharing a cell

https://youtu.be/nHhk_5U2wu0

**TheDemonLord** · 23rd July 2016, 13:34

Originally Posted by Katman

Bullshit.

Riding into oncoming traffic is endangering other peoples lives and wouldn't stand a shit show of being used as a defence.

Well, I'm not so sure - at least in NZ:

http://www.legislation.govt.nz/regul...DLM303038.html

General exceptions

(1) A person is not in breach of this rule if that person proves that—

(a) the act or omission complained of took place in response to a situation on a road; and

(b) the situation was not of the person's own making; and

(c) the act or omission was taken—

(i) to avoid the death or injury of a person; or

(ii) if the act or omission did not create a risk of death or injury or greater damage to any property, to avoid damage to any property.

The law only says that you mustn't create a greater hazard in trying to avoid damage to property, there is no such restriction for trying to avoid Death. Given the actions of the Car drive, I think he could make a good case that he was trying to avoid death.

That all said, it would depend on the Judge and the Jury whether they considered the threat to his life as genuine or not - it would be interesting to see how it would play out in an NZ court. I don't know if where this occurred there are similar provisions in their legislation.

Edit:

Interesting what they were charged with - the Driver got a traffic violation, however the other guy got Aggravated Assault with a deadly weapon - which I think is a Felony charge and federal Jail time

**Duncan74** · 23rd July 2016, 13:45

Originally Posted by TheDemonLord

Well, I'm not so sure - at least in NZ:

http://www.legislation.govt.nz/regul...DLM303038.html

The law only says that you mustn't create a greater hazard in trying to avoid damage to property, there is no such restriction for trying to avoid Death. Given the actions of the Car drive, I think he could make a good case that he was trying to avoid death.

"(ii) if the act or omission did not create a risk of death or injury or greater damage to any property, to avoid damage to any property. "

Clearly riding into oncoming traffic, and I suspect at higher than legal speeds, created a risk of injury or death.

**TheDemonLord** · 23rd July 2016, 14:03

Originally Posted by Duncan74

"(ii) if the act or omission did not create a risk of death or injury or greater damage to any property, to avoid damage to any property. "

Clearly riding into oncoming traffic, and I suspect at higher than legal speeds, created a risk of injury or death.

Well, that sub-clause only applies to avoid damage to any property

**jasonu** · 23rd July 2016, 14:25

Originally Posted by neels

I'd go with the avoid the whole situation option, if someone wants to be a retard and take exception to someone on a bike filtering to the front and having absolutely no effect on his progress towards his destination, let them go and carry on with your day.

This is in america after all, where donald trump has been nominated as a presidential candidate, that fact alone is an indication of the number of retards loose in general population that you might encounter.

Fuckwit. You know nothing more than the NZ Herald feeds you.