Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
You may (or may not) have heard of the young lady (who lives about two minutes away from me) who failed her driving test due to splashing a pedestrian.
The instructor said she should have stopped to exchange details - something which Ms. Kelly (the learner) claims is ridiculous. She also said "what else was I supposed to do? I would have caused an accident if I had swerved".
Well maybe she should have failed for not having heard of something called a brake pedal or maybe for inconsiderately supergluing her feet to the accelerator thus preventing the maintenance of speed.
incidentally, I had actually witnessed this person driving just a few hours before - presumably in a pre-test lesson - whilst I was waiting for the bus. All I can say is that, judging by how she handled corners (which may as well have been the CERN accelerator judging by the curve) I am not surprised she failed.
I would have thought it a common courtesy to slow down when seeing a puddle and to at the very least to apologise if having splashed someone.
Her excuses say more than her driving ability. If more people like her were off the roads hey would be a safer place.
yes it is a prosecutable and penelty point afench according to a local police officer.
As the courts have loads of time with a certain company issuing SD as a means of contacting a debtor now they have to deal with someone that splashes in a puddle.
Must remind the kids when they go to school they wont want to be prosecuted.
It is indeed, an offence to soak/splash a pedestrian while driving on wet roads. You're supposed to slow down and drive through the puddle in such a way as to AVOID soaking the poor s*d on the pavement!!
If I catch anyone soaking me I shall make a note of their vehicle registration details ... and report them. They can expect the full force of the law upon them.
I actually read somewhere its illegal to soak a pedestrian if your driving a motor vehicle!!!
I swear - Im not joking! You couldnt make it up....
I can testify to this. Basically about 12 years ago I went home from Uni for Christmas and New Year. Before catching the train on the way back I stopped off at the pub with my dad for a couple of swift drinkys. After the first pint and chaser in walked one of my dads mates completely drenched from head to toe. What had happened was that a boy racer and his mates were cruising round town intentionaly swerving into puddles and splashing pedestrians.
After a couple of more swift drinkys and still chucklng to myself at my dad's mate's mishap I set off walking to the station, about halfway there I saw a clapped out corsa speeding towards me and a rather large lake beside the road. My life briefly flashed before my eyes so I kind of froze to the spot unable to move as I was subsequently soaked in freezing cold sluchy black snow run off. With the cold shock pumping adrenaline through my viens I span round and swore at them, to no great effect, and slyly noted their registration.
Once on the train I called my dad and told him the story and gave him the reg of the car, unbeknownst to me my dads mate contacted the police and low and behold about 4 months later I got a knock on the door from the local constabulary asking for a statement, which I duly gave.
Anyway, the point to this story is that a couple of months later the local rag ran a little story about the soakings where the driver, a 17 year old chav who'd just passed his test, was given six points and a £550 fine.
also, if the puddle is deep and you drive through at speed, you can compromise your brakes, so IMHO, the examiner should get a medal.
Not to mention that it also affects your steering by dragging your wheel into the puddle and thus making you swerve. There is absolutely no reason, other than pig ignorance, why you cant just slow down .
yes i know that but it is stupid reason to fail a test over i mean u may as well be told that if a gritter is out and u move some grit you have failed.
yes but please remember the police are to busy eating donuts to bother chasing someone down for soak a pedestrian.
well they are round ere.
Originally Posted by The GodMother
yes i know that but it is stupid reason to fail a test over i mean u may as well be told that if a gritter is out and u move some grit you have failed.
What we have not been told is how badly the pedestrian was splashed. You should of course take every precaution to minimise splashing but it is inevitable that some water will spray up. The question is, and is probably entirely subjective, how wet does the ped have to get before its an offence?
Is it zero tolerance ie one drop and your out, or is wetting the legs below the knee ok.
I suppose before we can judge we need to know the degree of 'wetting'
If it was a case of a couple splashs of water then yes, jobsworth, if it was a head to toe drenching then the fail is what she deserved
What a lot of sympathy for the person who proved herself incapable of controlling her vehicle and was therefore not allowed to be unleashed without supervision in charge of 1/2 ton of lethal metal! Yes, let's blame the jobsworth inspector! Let's not spare a minute to think that if someone is that incapable of foresight and reaction in case of "emergency" situation, they simply wouldn't be able to cope with another kind of emergency, one which could possibly have more dramatic consequences? Shouldn't we be grateful that the guy simply held her standards as being insufficient to be let loose on the roads?
And let's also not forget the poor sod or sodette who found themselves splashed. Dear Lord, have we become that infatuated with our drivers' rights that it is deemed ok for an innocent pedestrian passing by to get themselves soaked and see the driver as being the injured party?
Congratulations to the inspector who had the guts to uphold both the law and common sense, I say. Gyzmo, if you happen to see him down your road, you can pass on the message for me. ;-)
Hmmm, having been soaked myself in the past by an inconsiderate driver who seemed to take great delight in roaring through a puddle and ruining my new suede jacket, I personally have NO sympathy for drivers who behave in this way.
Having said that, upon consideration of the facts, I think that the Driving Examiner could have taken a less severe stance and reminded the unfortunate Ms Kelly of where she stood regarding the law and splashing/soaking pedestrians, rather than failing her at her driving test ...
She was not failed for splashing a pedestrian, she was failed for not knowing or not following the Highway Code.....
144
You MUST NOT
drive dangerously
drive without due care and attention
drive without reasonable consideration for other road users
[Law RTA 1988 sects 2 & 3 as amended by RTA 1991]
147
Be considerate. Be careful of and considerate towards all types of road users, especially those requiring extra care (see Rule 204). [Laws TSf(EV) regs 2007, TSfP(W) regs 2007 & TPSCP(S) regs 2006]
If someone had done the same to her, she would be complaining just as loudly.
iam not saying the whole thing is wrong but from they way it has been put, yes i have read the original artical, it does not say any other reason or go into details of how bad it was or if she did anything to try and stop this from happening.
yes i do also agree that it does sound stupid and that what type of splash is acceptable as yes u can be doing next to no speed and u will get some movement in the water but we cant be blamed for having some sympathy on this person just because this may have been reported badly to make the examiner look like an ogure compared to the angel oof the driver.
I love it!!
You couldnt make it up could you?
Personally i think its par for the course when you are a pedestrian, that you're going to get wet when its raining
But to fail a learner for splashing one is ridiculous
I remember when we used to go swimming with school, we would stand right at the edge of the pavement where there was a HUGE puddle (we were waiting for the bus), obviously we were too good a target to resist so we would get absolutely drenched. Poor little darlings were allowed to get off the bus when it went past our road so that we could dry off and get changed lol . Funny how it took us two hours to do that.
Failed driving test for splashing pedestrian
Reply With Quote
Originally Posted by Mrs_Ryan
.
