From: Christopher Bowlas on
On Mar 2, 9:40 am, Doug <jag...(a)riseup.net> wrote:
> On 2 Mar, 09:34, Toom Tabard <t...(a)tabard.freeserve.co.uk> wrote:
> > On 2 Mar, 09:06, Doug <jag...(a)riseup.net> wrote:
>
> > > On 2 Mar, 08:43, Toom Tabard <t...(a)tabard.freeserve.co.uk> wrote:
>
> > > > On 2 Mar, 06:35, Doug <jag...(a)riseup.net> wrote:
>
> > > > > It happens all over the world and seems to be tolerated by police
> > > > > despite the deliberate intent. Is there an unspoken special
> > > > > dispensation for drivers against cyclists?
>
> > > > > "...Friday evening, they corked the intersection of Peachtree St. and
> > > > > Eighth. One motorist strongly took exception.
> > > > > "You can't go through a red light if you're a vehicle," the motorist
> > > > > is heard saying on a YouTube video.
>
> > > > > The video, shot by cyclist Matt Todd, shows the driver threatening to
> > > > > strike a bicyclist with his car.
>
> > > > > "If you don't move, I'll run you over," he said just a few seconds
> > > > > before putting the car in gear, lightly striking a bicyclist..."
>
> > > > > More with videos:http://www.11alive.com/news/local/story.aspx?storyid=141270&catid=3
>
> > > > If you unlawfully and without good cause block someone's right to free
> > > > passage, then they can use reasonable force to proceed (deciding to
> > > > hold your own procession and block people to let your mates pass is
> > > > unlikely to constitute good cause).
>
> > > Source?
>
> > > > If you further provoke by continuing to block free passage then that
> > > > would be regarded as mitigating circumstances in defence of anyone
> > > > assaulting you.
> > > > It is not an issue of drivers-v-cyclists pers se. Try (with or without
> > > > your bike) blocking a pedestrian on the pavement and refusing to let
> > > > him pass. Don't be surprised if he tries to push past. Try continuing
> > > > to block him. Don't be surprised if you end up with a fat lip. And, if
> > > > you've videoed the whole thing, don't be surprised if a court finds
> > > > you are entirely the author of your own misfortune.
>
> > > What is likely to happen and what can happen legally are not the same..
> > > Also I have no doubt that such a jury would consist of a majority of
> > > motorists.
>
> > Many adults drive, and would be proportionately on a jury. That is not
> > their only classification. I drive/walk/cycle. As a driver and
> > pedestrian, I  try to give extra consideration to cyclists and their
> > safety. If I were on a jury in a road accident case, I'd be giving
> > full and fair consideration to the case for any cyclist. In an
> > obstruction and assault scenario, whether I'm a driver/pedestrian/
> > cyclist is irrelevant. Only the fairness and justice matters, and I
> > would not favour the case for the cyclist in the example you've given.
> > Similarly, in the second scenario I've given - blocking a pedestrian -
> > it could equally be said that the jury would consist of a majority of
> > pedestrians. That is equally irrelevant to the consideration of the
> > issues in terms of right and justice.
>
> > In the real world, morally, legally and in terms of natural justice,
> > you are backing a loser.
>
> I am still waiting to see where your assertion is enshrined in law
> about someone's 'right to a free passage' entitles them to the violent
> use of a weapon.

Jerk.
From: Christopher Bowlas on
On Mar 2, 6:35 am, Doug <jag...(a)riseup.net> wrote:
> It happens all over the world and seems to be tolerated by police
> despite the deliberate intent. Is there an unspoken special
> dispensation for drivers against cyclists?
>
> "...Friday evening, they corked the intersection of Peachtree St. and
> Eighth. One motorist strongly took exception.
> "You can't go through a red light if you're a vehicle," the motorist
> is heard saying on a YouTube video.
>
> The video, shot by cyclist Matt Todd, shows the driver threatening to
> strike a bicyclist with his car.
>
> "If you don't move, I'll run you over," he said just a few seconds
> before putting the car in gear, lightly striking a bicyclist..."

Rather too lightly to have bent either his of his bicycle's frame.

> More with videos:http://www.11alive.com/news/local/story.aspx?storyid=141270&catid=3
>
> --
> Critical Mass Londonhttp://www.criticalmasslondon.org.uk
> "Get out of my way you f*ing cyclist"

What has something which allegedly happened in America to do with the
UK?
From: Christopher Bowlas on
On Mar 2, 9:44 am, "smurf" <sm...(a)smurf.com> wrote:
> Doug wrote:
> > It happens all over the world and seems to be tolerated by police
> > despite the deliberate intent. Is there an unspoken special
> > dispensation for drivers against cyclists?
>
> > "...Friday evening, they corked the intersection of Peachtree St. and
> > Eighth. One motorist strongly took exception.
> > "You can't go through a red light if you're a vehicle," the motorist
> > is heard saying on a YouTube video.
>
> Shame he slowed down at all.

Shame he wasn't driving a tank, which could have driven right over the
obstacle.
From: soup on
On 02/03/2010 06:35, Doug wrote:

> "...Friday evening, they corked the intersection of Peachtree St. and
> Eighth. One motorist strongly took exception.
> "You can't go through a red light if you're a vehicle," the motorist
> is heard saying on a YouTube video.
>
All those people, all those cameras and no-one thought to get his
license number? Something smells.
I am damn sure if someone ran me over I would get their number even
if no damage seemed to be done in order to claim them (Their insurance)
if any damage done at the time did came to light in the future.
From: Iain on
"Doug" <jagmad(a)riseup.net> wrote in message
news:cf67e91e-0e4f-4bfd-b367-a795ef0dba2c(a)e7g2000yqf.googlegroups.com...
On 2 Mar, 09:34, Toom Tabard <t...(a)tabard.freeserve.co.uk> wrote:
....
> > What is likely to happen and what can happen legally are not the same.
> > Also I have no doubt that such a jury would consist of a majority of
> > motorists.
>
> Many adults drive, and would be proportionately on a jury. That is not
> their only classification. I drive/walk/cycle. As a driver and
> pedestrian, I try to give extra consideration to cyclists and their
> safety. If I were on a jury in a road accident case, I'd be giving
> full and fair consideration to the case for any cyclist. In an
> obstruction and assault scenario, whether I'm a driver/pedestrian/
> cyclist is irrelevant. Only the fairness and justice matters, and I
> would not favour the case for the cyclist in the example you've given.
> Similarly, in the second scenario I've given - blocking a pedestrian -
> it could equally be said that the jury would consist of a majority of
> pedestrians. That is equally irrelevant to the consideration of the
> issues in terms of right and justice.
>
> In the real world, morally, legally and in terms of natural justice,
> you are backing a loser.
>
I am still waiting to see where your assertion is enshrined in law
about someone's 'right to a free passage' entitles them to the violent
use of a weapon.

Doug.

====================

It didn't take me long to find these:

"In Clerk & Lindsell, The Law of Torts , 17th ed. (1995), para. 17-41 the
current state of the law as to the question of use is summarised in these
terms:
"The right of the public in respect of a highway is limited to the use of
it for the purpose of passing and repassing and for such other reasonable
purposes as it is usual to use the highway; if a member of the public uses
it for any other purpose than that of passing and repassing he will be a
trespasser." "

and to show how long established this principle has been:

"In Ex Parte Lewis, (1888) 21 Q.B.D. 191 it was held that there was no right
in the public to occupy Trafalgar Square for the purpose of holding public
meetings there. Wills J. said, at p. 197:
"The only 'dedication' in the legal sense that we are aware of is that of a
public right of passage, of which the legal description is a 'right for all
Her Majesty's subjects at all seasons of the year freely and at their will
to pass and repass without let or hindrance.'"

Both from:
http://www.hrothgar.co.uk/WebCases/hol/reports/07/44.htm

I am sure that if you did further research, you could quite swiftly come up
with examples of what your legal rights are if you are denied your 'right of
free passage' by a trespasser.

IANAL
Iain


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