Community service for cyclist killer.

On 20 Oct, 12:24, Tony Raven wrote:
"Simon Mason" wrote:
Another day, another SMIDSY.

http://www.thisisbristol.co.uk/court...e-led-rider-s-...

"The 52-year old father-of-three died 12 hours later, having suffered
multiple head injuries - even though he was wearing a helmet."

".....he was pronounced dead at 6.37 pm, having suffered "unsurvivable"
injuries for which surgery was discounted"

So even in Derek's favourite scenario of a simple fall from a bike
having been clipped by a car, the helmet did't work.

--
Tony

Does anyone know if WVM has the same hours of working rules that
govern HGV drivers?
This driver had been had been working and driving for the 13 hours
before he killed this man.

--
Simon Mason

On 20/10/2010 16:55, Simon Mason wrote:
On 20 Oct, 12:24, Tony wrote:
"Simon wrote:
Another day, another SMIDSY.

http://www.thisisbristol.co.uk/court...e-led-rider-s-...

"The 52-year old father-of-three died 12 hours later, having suffered
multiple head injuries - even though he was wearing a helmet."

".....he was pronounced dead at 6.37 pm, having suffered "unsurvivable"
injuries for which surgery was discounted"

So even in Derek's favourite scenario of a simple fall from a bike
having been clipped by a car, the helmet did't work.

--
Tony

Does anyone know if WVM has the same hours of working rules that
govern HGV drivers?

They do not. Neither does a professional car-driver (rep, taxi-driver, etc).
Neither does a cyclist.

On 20 Oct, 16:55, Simon Mason wrote:
On 20 Oct, 12:24, Tony Raven wrote:



"Simon Mason" wrote:
Another day, another SMIDSY.

http://www.thisisbristol.co.uk/court...e-led-rider-s-...

"The 52-year old father-of-three died 12 hours later, having suffered
multiple head injuries - even though he was wearing a helmet."

".....he was pronounced dead at 6.37 pm, having suffered "unsurvivable"
injuries for which surgery was discounted"

So even in Derek's favourite scenario of a simple fall from a bike
having been clipped by a car, the helmet did't work.

--
Tony

Does anyone know if WVM has the same hours of working rules that
govern HGV drivers?
This driver had been had been working and driving for the 13 hours
before he killed this man.


It's regularly claimed that these deaths are the result of "A ...
driver's momentary lapse of attention." He could of course have been
inattentive for a long period. Only clipping one cyclist in one tiny
moment does not mean that he was on the ball the rest of the time. He
had a quite recent conviction for mobile phone use, as well as
speeding. Apparently these people are allowed to carry on driving
until they kill. And he will be back on the road eventually.
How merciful.

"The quality of mercy is not strain'd,
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blest:
It blesseth him that gives and him that takes."

"The judge told him: "There is no evidence of excessive speed or of
aggressive or impaired driving. You failed to notice a cyclist when
emerging from a difficult junction."

Failing to notice a cyclist would seem to be evidence of impaired
driving. Still he was emerging from a 'difficult' junction, poor van-
driver.

On Wed, 20 Oct 2010 10:20:18 -0700 (PDT) someone who may be Squashme
wrote this:-

Failing to notice a cyclist would seem to be evidence of impaired
driving.

It is.



--
David Hansen, Edinburgh
I will *always* explain revoked encryption keys, unless RIP prevents me
http://www.opsi.gov.uk/acts/acts2000...#pt3-pb3-l1g54

On 20/10/2010 16:55, Simon Mason wrote:
On 20 Oct, 12:24, Tony wrote:
"Simon wrote:
Another day, another SMIDSY.

http://www.thisisbristol.co.uk/court...e-led-rider-s-...

"The 52-year old father-of-three died 12 hours later, having suffered
multiple head injuries - even though he was wearing a helmet."

".....he was pronounced dead at 6.37 pm, having suffered "unsurvivable"
injuries for which surgery was discounted"

So even in Derek's favourite scenario of a simple fall from a bike
having been clipped by a car, the helmet did't work.

--
Tony

Does anyone know if WVM has the same hours of working rules that
govern HGV drivers?
I do, they don't

On 22/10/2010 03:18, Phil W Lee wrote:

Simon wrote:
Tony wrote:
"Simon wrote:

Another day, another SMIDSY.
http://www.thisisbristol.co.uk/court...e-led-rider-s-...

Does anyone know if WVM has the same hours of working rules that
govern HGV drivers?

Sadly not.
But I'd think they'd be covered by the working hours directive.

That isn't as prescriptive as some people think. Overtime and extended hours
are not forbidden by it. It is not a road safety measure in any case, but an
employee welfare provision (you knew that, of course).

This driver had been had been working and driving for the 13 hours
before he killed this man.

Clearly negligence, which could (and should) therefore have been
prosecuted as manslaughter.

It's good to have such a celebrated legal expert as yourself posting in the
group.