Should I or shouldn't I?
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From: JNugent on 12 Jul 2008 15:17 Nick Finnigan wrote: > Alex Heney wrote: >> Nick Finnigan <nix(a)genie.co.uk> wrote: >>> If the act of opening the door (rather than leaving it open) causes >>> him to stop, then the other road user can not reasonably and safely >>> take avoiding action. >> You clearly have a very different definition of "reasonably and safely >> take avoiding action" than that any reasonable person would use. > In the first context reasonable => "moderate, not excessive". I do not > regard an emergency stop as being moderate. Not every stop is an emergency stop. I haven't made an emergency stop for ages (and I'm not posting this from the driver's seat of a moving vehicle). Being forced to stop by an obstruction in the crriageway does not equal "emergency stop" without further data.
From: Nick Finnigan on 12 Jul 2008 15:32 Steve Firth wrote: > > BTW, did you manage to find even a single case of someone being > prosecuted for opening a door? Burridge vs Airwork seems relevant. Russell -v-Smith & Anor might also be of interest Regina v Dillon may not have come to court yet.
From: Nick Finnigan on 12 Jul 2008 15:34 JNugent wrote: > Nick Finnigan wrote: > >> Alex Heney wrote: >> >>> Nick Finnigan <nix(a)genie.co.uk> wrote: > > >>>> If the act of opening the door (rather than leaving it open) causes >>>> him to stop, then the other road user can not reasonably and safely >>>> take avoiding action. > > >>> You clearly have a very different definition of "reasonably and safely >>> take avoiding action" than that any reasonable person would use. > > >> In the first context reasonable => "moderate, not excessive". I do not >> regard an emergency stop as being moderate. > > > Not every stop is an emergency stop. I haven't made an emergency stop > for ages (and I'm not posting this from the driver's seat of a moving > vehicle). Further support for it not being moderate. > Being forced to stop by an obstruction in the crriageway does not equal > "emergency stop" without further data. The further data is a door opening.
From: Palindrome on 12 Jul 2008 15:34 JNugent wrote: > Nick Finnigan wrote: > >> Alex Heney wrote: >>> Nick Finnigan <nix(a)genie.co.uk> wrote: > >>>> If the act of opening the door (rather than leaving it open) causes >>>> him to stop, then the other road user can not reasonably and safely >>>> take avoiding action. > >>> You clearly have a very different definition of "reasonably and safely >>> take avoiding action" than that any reasonable person would use. > >> In the first context reasonable => "moderate, not excessive". I do not >> regard an emergency stop as being moderate. > > Not every stop is an emergency stop. I haven't made an emergency stop > for ages (and I'm not posting this from the driver's seat of a moving > vehicle). > > Being forced to stop by an obstruction in the crriageway does not equal > "emergency stop" without further data. My last one was when the ramp of the trailer being towed by a tractor in front of me fell open. Instantly followed by a dozen or so large sheep charging out like the fifth cavalry. That one certainly would have counted as, "Bringing the vehicle to a halt as quickly as possible, whilst maintaining full control". You just don't get incidents like that in London. Oh, and yes. A sheep can do a forward roll.. -- Sue
From: JNugent on 12 Jul 2008 16:32
Nick Finnigan wrote: > JNugent wrote: >> Nick Finnigan wrote: >>> Alex Heney wrote: >>>> Nick Finnigan <nix(a)genie.co.uk> wrote: >>>>> If the act of opening the door (rather than leaving it open) causes >>>>> him to stop, then the other road user can not reasonably and safely >>>>> take avoiding action. >>>> You clearly have a very different definition of "reasonably and safely >>>> take avoiding action" than that any reasonable person would use. >>> In the first context reasonable => "moderate, not excessive". I do >>> not regard an emergency stop as being moderate. >> Not every stop is an emergency stop. I haven't made an emergency stop >> for ages (and I'm not posting this from the driver's seat of a moving >> vehicle). > Further support for it not being moderate. Is that part of the shipping forecast? It's certainly not a comprehensible reposne to what I wrote. >> Being forced to stop by an obstruction in the crriageway does not >> equal "emergency stop" without further data. > The further data is a door opening. That could be further data, but it is not sufficient further data. A door opening half a mile in front of you in a narrow street with cars parked on both sides might still require you to stop by the time you got to that spot. Not by any stretch of the reasonable man's imagination could you call it an emergency stop - or even an emergency. Sometimes, and whether we like it or not, we all have to stop. It's just life. |