Unsafe passing manouver

[Pancakes]

No, you're cuss words, plural!!

My mum always said I'd make something of myself!



Back to the topic,
My brain says that if you did have viz and it was safe you'll be ok but my gut says that the man's gonna fu*k you in the bum.

[90s]

What's dangerous in a car or truck is not necessarily dangerous on a bike. Secondly the offence is not 'overtaking at a location which is dangerous' but an 'unsafe passing manouver' - which necessarily involves the Crown proving that this particular manouver was unsafe. The cop didn't see it, so he cannot comment other than to report what the truckie said. Whether or not he feels the location is unsafe is irrelevant.

McJim has a good point, if you want to play it that way (remember you have spoken to the cop - did you deny overtaking anything?)

But Sanx your points:
>"What's dangerous in a car or truck is not necessarily dangerous on a bike."
Has absolutely no bearing on anything from a legal perspective. There is no distinction here.
> "Secondly the offence is not 'overtaking at a location which is dangerous' but an 'unsafe passing manouver'" - the reason it can be argued to unsafe is because of the location and context
>"which necessarily involves the Crown proving that this particular manouver was unsafe" see above - ie. in a location it could be argued that ANY overtaking would be unsafe in context
(note I do not know the corner, but without even seeing it this is what I would argue in court)
>"The cop didn't see it, so he cannot comment other than to report what the truckie said. Whether or not he feels the location is unsafe is irrelevant"
The cop can still give his assessment as to the location. It is absoultely relevant to comment on the location even if he did not witness the event. The two are unconnected. Anyone called by the crown to assess the location can give their evidence.

Now what you can argue in your favour is that if the location is too dangerous for clear overtaking it should be marked such. But if you search for similar cases here to this one you will find that people have lost in court or accepted the fine because of the difficulties involved.

Now I am absolutely in favour of getting this dismissed on any of the grounds that people have suggested. But if it did go further to court it is my opinion that it could pan out this way, and that a defence would not be simple. Common sense has absolutely nothing to do with the law.

[swbarnett]

Common sense has absolutely nothing to do with the law.

And this is why it loses so much credibility and the police have such a hard time with being disrespected.

[scumdog]

And this is why it loses so much credibility and the police have such a hard time with being disrespected.

Not this boy......

[MSTRS:Me]

Not this boy......

You got three hands?....pepper spray, baton, taser....how do you choose?
"Ar'm a gunna learn ya sum rispikt boay"

[90s]

You got three hands?....pepper spray, baton, taser....how do you choose?
"Ar'm a gunna learn ya sum rispikt boay"

erm ... because that's not a baton!

[MSTRS:Me]

erm ... because that's not a baton!

Oh....four hands?

[slopster]

I did say I overtook the truck and gave a brief description to the officer more or less what I wrote in here. I also admitted that I was 'probably going faster then the speed limit' but that was all. I certainly denied that it was unsafe (because it wasn't).

[spudchucka]

Just defend it. No truckie is going to take a day off work to give evidence in court over a bloody traffic ticket.

[MSTRS:Me]

Just defend it. No truckie is going to take a day off work to give evidence in court over a bloody traffic ticket.

Wot I said....no witness, no crime. Hearsay just doesn't cut it in law.

[spudchucka]

Wot I said....no witness, no crime. Hearsay just doesn't cut it in law.

Its not hearsay if the witness actually turns up, I'd just be willing to bet that a truckie isn't going to bother.

[MSTRS:Me]

That's what I meant. Cop's 'evidence' is hearsay. Case dismissed.

[scumdog]

That's what I meant. Cop's 'evidence' is hearsay. Case dismissed.

Ah well, at least 'somebody' might ride a tad more cautiously after all this.

Maybe they won't learn either.

[MSTRS:Me]

The thing is...how many (perfectly safe) actions do you/we perform while on a bike, that cagers think are dodgy? Nothing to learn if situation was as described.
But if truckie was correct, then fair enough -

[90s]

... so, you decided what you'll do yet?