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aus+uk / uk.rec.cycling / UK drivers warned of £5,000 fine for splashing pedestrians

SubjectAuthor
* UK drivers warned of £5,000 fine for splashing pedestriansSimon Mason
+- Re: UK drivers warned of £5,000 fine for splashing pedestriansJNugent
`* Re: UK drivers warned of £5,000 fine for splashing pedestriansSimon Mason
 +- Re: UK drivers warned of £5,000 fine for splashing pedestriansJNugent
 `* Re: UK drivers warned of £5,000 fine for splashing pedestriansSimon Mason
  +- Re: UK drivers warned of £5,000 fine for splashing pedestriansJNugent
  `- Re: UK drivers warned of £5,000 fine for splashing pedestriansSimon Mason

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UK drivers warned of £5,000 fine for splashing pedestrians

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Subject: UK_drivers_warned_of_£5,000_fine_for_splashing_pede
strians
From: swldxer1...@gmail.com (Simon Mason)
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 by: Simon Mason - Sun, 7 Jan 2024 16:29 UTC

UK motorists have been warned that an immature driving act could land them with a £5,000 fine and three points on their licence.

Amid heavy rain across the UK in recent months, and with more rain expected in the weeks ahead, drivers are being warned of a rule involving driving in puddles.

If you drive through a puddle and splash a pedestrian, it could result in you receiving a £5,000 fine, short-term insurance firm GoShorty have highlighted.

According to the Road Traffic Act 1988 in reference to careless and inconsiderate driving, the law is clear.

It states: “If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.”

This means that speeding up through a puddle at the side of the road to splash an unsuspecting pedestrian is actually illegal and can land you a fine of up to £5,000.

The best way to avoid this is to either slow down when going through the puddle (if safe to do so) to minimise the impact or to go around the puddle and avoid it completely (again, only if safe to do so).

Andy Moody, director at GoShorty, said: “Between the risk of a fine of up to £5,000 and three points on your licence, leading to an increase on your insurance premium, splashing a pedestrian could be very costly - and inconsiderate.

"It can moreover, be difficult to prove that the act was a mistake, meaning the best way to avoid a fine is by avoiding puddles altogether - when it is safe to do so.

“We encourage all drivers to practise safety when on the roads, especially in poor conditions, and ensure they have a comprehensive insurance policy to protect themselves in case of any accidents.”

https://www.thetelegraphandargus.co.uk/news/24032624.uk-drivers-warned-5-000-fine-splashing-pedestrians/

Re: UK drivers warned of £5,000 fine for splashing pedestrians

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From: jnug...@mail.com (JNugent)
Newsgroups: uk.rec.cycling
Subject: Re:_UK_drivers_warned_of_£5,000_fine_for_splashi
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 by: JNugent - Sun, 7 Jan 2024 17:44 UTC

On 07/01/2024 04:29 pm, Simon Mason wrote:

> UK motorists have been warned that an immature driving act could land them with a £5,000 fine and three points on their licence.
> Amid heavy rain across the UK in recent months, and with more rain expected in the weeks ahead, drivers are being warned of a rule involving driving in puddles.

There is no "rule" about puddles. The "rule" is rather more basic than that.

> If you drive through a puddle and splash a pedestrian, it could result in you receiving a £5,000 fine, short-term insurance firm GoShorty have highlighted.

Well done for qualifying that with a "could".
>
> According to the Road Traffic Act 1988 in reference to careless and inconsiderate driving, the law is clear.
> It states: “If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.”
> This means that speeding up through a puddle at the side of the road to splash an unsuspecting pedestrian is actually illegal and can land you a fine of up to £5,000.

It DOES NOT "mean" that.

It means that splashing a pedestrian MIGHT be illegal.

It would be necessary to establish mens rea as well as actus reus (as
you ought to be well aware, M'Lud).

> The best way to avoid this is to either slow down when going through the puddle (if safe to do so) to minimise the impact or to go around the puddle and avoid it completely (again, only if safe to do so).

People do those things every day.
>
> Andy Moody, director at GoShorty, said: “Between the risk of a fine of up to £5,000 and three points on your licence, leading to an increase on your insurance premium, splashing a pedestrian could be very costly - and inconsiderate.
> "It can moreover, be difficult to prove that the act was a mistake, meaning the best way to avoid a fine is by avoiding puddles altogether - when it is safe to do so.

What on Earth does he mean "It can moreover, be difficult to prove that
the act was a mistake"?

It isn't necessary to do that.

The prosecution has the burden of proving that the action was deliberate
or reckless. It isn't the other way round as Moody asserts.

> “We encourage all drivers to practise safety when on the roads, especially in poor conditions, and ensure they have a comprehensive insurance policy to protect themselves in case of any accidents.”
> https://www.thetelegraphandargus.co.uk/news/24032624.uk-drivers-warned-5-000-fine-splashing-pedestrians/

Now... where did the chav on the bike come into it?

Re: UK drivers warned of £5,000 fine for splashing pedestrians

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Subject: Re:_UK_drivers_warned_of_£5,000_fine_for_splashing_
pedestrians
From: swldxer1...@gmail.com (Simon Mason)
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 by: Simon Mason - Sun, 7 Jan 2024 20:34 UTC

QUOTE: UK motorists have been warned that an immature driving act could land them with a £5,000 fine and three points on their licence. ENDS

Immature? Drivers?
Surely some mistake?

QUOTE:
This means that speeding up through a puddle at the side of the road to splash an unsuspecting pedestrian is actually illegal and can land you a fine of up to £5,000. ENDS

That will wipe the smile of these knobhead's faces!

Re: UK drivers warned of £5,000 fine for splashing pedestrians

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From: jnug...@mail.com (JNugent)
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Subject: Re:_UK_drivers_warned_of_£5,000_fine_for_splashi
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 by: JNugent - Sun, 7 Jan 2024 22:39 UTC

On 07/01/2024 08:34 pm, Simon Mason wrote:

> QUOTE: UK motorists have been warned that an immature driving act could land them with a £5,000 fine and three points on their licence. ENDS
>
> Immature? Drivers?
> Surely some mistake?
>
> QUOTE:
> This means that speeding up through a puddle at the side of the road to splash an unsuspecting pedestrian is actually illegal and can land you a fine of up to £5,000. ENDS
>
> That will wipe the smile of these knobhead's faces!

When did you get soaked?

Before you managed to get home for a few glasses of home-brew in the
privacy of your own pit in the floor of your garage?

Re: UK drivers warned of £5,000 fine for splashing pedestrians

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Subject: Re:_UK_drivers_warned_of_£5,000_fine_for_splashing_
pedestrians
From: swldxer1...@gmail.com (Simon Mason)
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 by: Simon Mason - Mon, 8 Jan 2024 09:31 UTC

Police are investigating after a family were soaked when a car drove through a large puddle.

The family-of-five, including three disabled children, were drenched "from top to toe" when the car drove by on Hearthcote Road in Swadlincote, Derbyshire, on Tuesday.

Motorists who deliberately drive through a puddle with the intention of splashing someone can be prosecuted.

The mother described the driver's actions as "unbelievably callous".

She said the family, who have asked to remain anonymous, were walking along the road at about 14:20 GMT near a large puddle when a white car approached them.

After gesturing a "stopping motion" to the driver with her hand, the mother said the car "sped up" and drove through the puddle, splashing them all in the process.

"My son is 6ft tall and he was drenched. The water went right over his head," she said.

"My two-year-old granddaughter was screaming, 'I don't like it'. The pushchair was wet through."

She added: "I was shocked more than anything. It's unbelievably callous."

The woman said two of the children, aged eight and 10, have physical disabilities and were left upset.

Splashing a pedestrian by driving through a puddle near a pavement is potentially a criminal offence, which can attract fines of up to £5,000 and add nine points to a licence, under the Road Traffic Act 1988.

Derbyshire Police said officers were making enquiries and have appealed for information to try and trace the driver.

Re: UK drivers warned of £5,000 fine for splashing pedestrians

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 by: JNugent - Mon, 8 Jan 2024 14:52 UTC

On 08/01/2024 09:31 am, Simon Mason wrote:

> Police are investigating after a family were soaked when a car drove through a large puddle. > The family-of-five, including three disabled children, were drenched
"from top to toe" when the car drove by on Hearthcote Road in
Swadlincote, Derbyshire, on Tuesday.
> Motorists who deliberately drive through a puddle with the intention of splashing someone can be prosecuted.

We've all splashed through a puddle on a poorly-maintained and drained
road once or twice, but how many people splash pedestrians deliberately?

> The mother described the driver's actions as "unbelievably callous".

A description which is unbelievably ridiculous and hyperbolic.

[Sorry for two four-syllable words. Look them up.]

> She said the family, who have asked to remain anonymous,

Now *you're* doing it!

Luckily, I don't have your difficulties with English, M'Lud.

As for anonymity (oops! five syllables!), they won't be able to do that
if the case goes to court.

I wonder whether the driver concerned will have seen this report in the
press or online? If the case ever progressed as far as a FPN, a diligent
legal adviser might well recommend that the defendant takes the matter
to court. Wouldn't you agree, M'Lud?

> were walking along the road at about 14:20 GMT near a large puddle when a white car approached them.
> After gesturing a "stopping motion" to the driver with her hand, the mother said the car "sped up" and drove through the puddle, splashing them all in the process.
> "My son is 6ft tall and he was drenched. The water went right over his head," she said.
> "My two-year-old granddaughter was screaming, 'I don't like it'. The pushchair was wet through."
> She added: "I was shocked more than anything. It's unbelievably callous."
> The woman said two of the children, aged eight and 10, have physical disabilities and were left upset.
> Splashing a pedestrian by driving through a puddle near a pavement is potentially a criminal offence, which can attract fines of up to £5,000 and add nine points to a licence, under the Road Traffic Act 1988.

> Derbyshire Police said officers were making enquiries and have appealed for information to try and trace the driver.

Any luck so far?

Do you ever travel in Derbyshire in your car - the one with no working
windscreen wipers?

Re: UK drivers warned of £5,000 fine for splashing pedestrians

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pedestrians
From: swldxer1...@gmail.com (Simon Mason)
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 by: Simon Mason - Mon, 8 Jan 2024 17:12 UTC

It's easily done at this time of year with the downpours that autumn often brings - but splashing people on the pavement as you drive through a puddle could land you in hot water, whether it was intentional or not. Splashing pedestrians can be classed as an act of 'incompetence, selfishness, impatience or aggressiveness' under the Road Traffic Act.

The punishment for this type of offence is typically a £100 fine and three points on your licence, but fines can rise as high as an eye-watering £5,000. If you're driving in wet conditions, it's best to avoid puddles or slow down as you drive through them in pedestrianised areas, provided it is safe to do so.

If you're prone to road rage, you may want to watch what you're mouthing to other drivers even when inside your own car. Getting angry behind the wheel can be classified as a breach of peace, and lead to a fine of up to £1,000 and three points on your licence.

This can include swearing or making offensive gestures, with Rule 147 of the Highway Code stating: "Do not allow yourself to become agitated or involved if someone is behaving badly on the road. This will only make the situation worse. Pull over, calm down and, when you feel relaxed, continue your journey."

Flashing your headlights at another driver is thought to be one of the most common gestures motorists make on the roads without realising that it could be against the law. According to the Highway Code, you should only use your headlights to alert other road users of your presence, while other common reasons may be punishable by a fine.

Flashing your headlights to show your frustration with another driver could be interpreted as 'furious' driving, which can land you with a fine and penalty points. Meanwhile, attempting to warn other motorists that there is a speed camera or trap up ahead by flashing your lights can result in a hefty £1,000 fine for obstructing a police officer.

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