Motoring "Floodgates"

David Cameron has quite rightly described the flooding which has hit the South of England this year is a “tragedy” . Whilst the flooding itself is something over which motorists have no control, we have highlighted a couple of specific flooding related issues that could have an impact on your driving licence and pocket.

Road closures:

Understandably, due to the uncertain and unpredictable depth of flooding in certain parts of the roads, along with the risks of driving through them, steps have been taken to close a number of roads which are deemed unsafe.

These signs are there for a reason and should be obeyed. Failing to adhere to temporary road signage warning of flooding could result in a prosecution and fine, usually costing around £60.00. 

However, there are far more costly ramifications of being stranded along a road flooded road. The vehicle could be damaged to such an extent that it is written off, and the driver could be at risk of injury or even death. 

Driving without reasonable consideration for other road users:

Even where a road is not closed due to flooding, all drivers are at risk of receiving penalty points when driving on wet roads if you do not take extra care due to the higher risk of skidding etc. 

A less common scenario that could result in the prosecution of motorists is connected to the interaction between the motorist and pedestrians during wet weather spells. 

In 2005 a gentleman from Somerset received three penalty points and a fine of £150 for accidentally soaking workmen. A further case in 2009 saw a professional female lady prosecuted for filming her “happy splashing” and posting the video on YouTube.  

(Source- www.metro.co.uk)

Driving through puddles and deliberately soaking pedestrians could result in between 3-9 penalty points if the driver is found to have driven without reasonable consideration for other road users, regardless of any intention to splash. Deliberate attempts to drive closer to the pavement in an aim to soak pedestrians could result in loss of control of the vehicle, putting the safety of innocent pedestrians at risk.  The Crown must prove that another person was inconvenienced as a result of the motorist’s actions. This can be easily established in the case of an innocent pedestrian waiting at a bus stop who is drenched as a result of a driver who fails take appropriate consideration.

Whilst the potential to prosecute motorists for this offence is widely known by those in legal circles, most pedestrians are unaware of the formal punishment that the offenders may face and therefore most never report the offence.

Our Advice

We expect those affected by the floods will be preoccupied by the emergency measures being taken to prevent the loss of life and property. However, we may yet see a rise in flooding related motoring prosecutions.

As with the majority of steps that can be taken to avoid committing a motoring offence, motorists are advised to take care both of themselves and other road users, and employ a degree of common sense when driving in wet conditions. 

Five Simple Checks That Keep You Street Legal On The Road

(Source)

The Police do not require a reason to stop a motorist who is driving. This can also apply to anyone who is attempting to drive away. Even if you are not driving and in charge of a motor vehicle that is on the public highway, an officer has the right to ask for a routine check. If they choose, the Police can then ask you to provide your name, date of birth, insurance documents and driver’s licence details. Failure to comply with any of these requests can constitute an offence. You can see elsewhere on motoroffence.co.uk what to do if the Police subsequently ask you to come into the station for an interview. However, it is better to avoid this in the first place by undertaking simple checks that will satisfy the officer you are street legal in the first place.

Test Your Car’s Brakes

It is a legal requirement that your braking system performs as it is intended to, which means that there can be variations, depending on your manufacturer’s specifications. Your brakes need to be tested as part of your MoT, but they must be in good working order between these regulatory tests, too. Take the time to test your brakes on a quiet stretch of road – checking your rear view mirror before doing so. When stationary, apply the foot brake and have a friend check that your brake lights come on properly. Get a professional to overlook your system if your brakes feel spongy or the lights don’t work correctly.

Measure Your Tyre Tread Wear

All tyres wear out over time. They are designed to, but different tyre compounds wear at differing rates. By law, any tyre fitted must be compatible with the others on your car. Your tyres must not show any bulges and they must not have any tears. Tread depth must be over the legal minimum which is 1.6 mm for cars. This must be maintained throughout a continuous band in the centre portion of the tyre around its entire circumference. You don't have to carry a spare but, when fitted to the vehicle after a puncture, then it must then comply with the law. Have your tyres checked by a specialist, like point-s.co.uk, if you are in doubt or you can also buy a new set of tyres from them.

Test Your Handbrake

Most mechanics recommend that a handbrake is tested once a month. Do this by pulling away slowly and gently applying it. The car should slow. If your car starts to roll when parked on hills or the handbrake has to be applied at an angle of more than 70 percent, then you should visit a garage to get the problem corrected. Failure to do this may mean you roll backwards on hill starts, which could lead to your harming pedestrians and other road users. Without a properly applied handbrake, you may expose yourself to a charge of leaving a vehicle in a dangerous position.

Check Your Head Restraint

If your car is able to go in excess of 100 kph – and all modern cars can - then you must have a head restraint for the driver’s and passenger’s seats. It is worth adjusting them so that they will cushion your head in the event of an impact from behind. However, the law does not require the head restraints fitted are adjustable. Bear in mind, however, that slip-on style head restraints are not deemed to be lawful.

Check Your Luggage Is Stowed Properly

Store your luggage securely in the boot with the heaviest items at the bottom. Unless the weight of the luggage you are carrying exceeds 3.5 tonnes then there is no legal requirement you need to worry about to transport it. If you go over this limit, however, you need a goods licence. When it comes to roof racks and to strapping items to the top of your vehicle, then the law promotes reasonable use. If, however, your load blocks your vision or there is a chance that it could work free and fall off, then you can expect the Police to intervene.

Caution - Not All Client Testimonials Are To Be Trusted!

We at Geoffrey Miller Solicitors take great pride in our bank of online client testimonials. We have collected over 100 testimonials since the firm started to request them back in 2005. All of the people providing testimony to our services as expert motoring lawyers are real clients of the firm (even when names have been withheld.) It may be surprising to see that last sentence. Of course they should be real but we know from first-hand experience that some law firms are less than truthful in their marketing materials.

Stolen Testimonials

Back in 2008, we were made aware of a firm that used details of our clients’ cases without permission from the clients and they also sought to pass them off as their own clients rather than clients of Geoffrey Miller Solicitors! We successfully pursued the firm  and we and our clients succeeded in recovering a donation to charity and damages respectively.

Fake Testimonials

Now in 2014 we have been made aware of another firm using the powerful tool of client testimonials in an unscrupulous manner! The image used on the personal injury law firm’s website came as a bit of a surprise when it was sent to me by a colleague! I had morphed into a Mrs Barnsbrooks who sued her employer for an accident at work. Not really, my image had been lifted off the internet by a law firm and they held me out as one of their clients!

It was a shame really as when they received a letter from my lawyers, they tried to justify the clear case of “passing off” as an honest mistake and tried to argue that the damage was not significant as they were actually a brand new firm and had not yet commenced trading! Begs the question how they were able to have testimonials in the first place and claim to have been a leading law firm?

Again, not motivated by personal gain, I sought to have my image removed from the offending firm’s website and they have agreed to make a charitable donation. This time to a charity that is close to our hearts set up in memory of our Operations Manager’s brother who died in 2013 following a long history of mental illness:

http://www.justgiving.com/Anthony-Seddon

Geoffrey Miller Solicitors’ Interactive Testimonials

I have known for several years that testimonials are one of the best ways to successfully market a business. However, I have also known that the consumer (quite rightly it would seem) can be a cynical “so and so!” 

This is why in 2010 I devised a unique interactive testimonial scheme where not only can the prospective client read about our (real) client’s experience of us from their written description published online, but they can also make direct contact with the referee to verify what they have said and ask any questions they want about us. We are not involved in the process and don’t even know when a prospective client makes use of the “Ref Me” scheme. I wanted to create a tool that was the next best thing to asking a trusted friend for a recommendation because when a client comes recommended, their suspicion and fear is massively reduced. 

We are in the business of selling solutions and providing relief to clients who often sorely need this. The last thing they want is to be duped by the lawyer who uses fake or stolen testimonials to capture their clients!

Hopefully, our  “Ref Me” scheme reassures clients that we are what we say we are, and, even more importantly, what our client Julie says we are – the best motoring solicitors in this country!

Watch Out For Wiggins!

The whole team at GeoffreyMiller Solicitors have been avidly watching the Olympics for the last couple of weeks. We were really excited to see Bradley Wiggins win the cycling time trial especially after his victory in the Tour De France.

Wiggo, pictured here leading the sportive in Barnoldswick today, has said that he hopes that more people will take up cycling and we echo his thoughts!

Wiggo in the Barnoldswick Sportive 19 08 2012

In anticipation of the country's roads filling with more cyclists than ever before, our team of specialist motoring lawyers decided to find out exactly what vehicle drivers have to look out for when they meet a cyclist on the road.

1    Cycle lanes

The rules are slightly different depending on whether a cycle lane is marked with a solid or a broken white line.

Where there is a solid white line you must not either drive or park in the cycle lane. If you do then you could be fined up to £1,000.00. Some cycle lanes are not always active. Outside the times of operation no restrictions apply.

Where there is a broken white line you should not drive or park in the lane unless it is unavoidable. You cannot be fined for this but it is a breach of the 

Highway Code.

If a cycle lane has waiting restrictions then parking in it will land you with a fine.

            Overtaking

It can sometimes be quite frustrating to get stuck behind a bicycle when it is holding you up by going slowly in front of you. You should never be tempted to overtake unless it is completely safe to do so. If this means crawling along at 5mph or even stopping then that is what you have to do. 

The basic rule is that you need to leave just as much space for a bicycle as you would for a car.

You should also stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left.

If you do not stick to the rules you could be prosecuted for careless driving or even dangerous driving in extreme cases. The likelihood of being prosecuted is increased dramatically if there is an accident.

           Opening your car door

Be careful when you open your car door. If you injure or endanger a cyclist (or anyone else for that matter) by doing so then could be committing an offence under the The Road Vehicles (Construction and Use) Regulations 1986 and you risk a fine of up to £1,000.00.

It is also highly likely that you will be liable in a civil claim for any passenger's negligence in opening their door onto a cyclist so watch out for your passengers' actions as well as your own.

       General advice

This is the general advice given in the Highway Code. Not following it is not a criminal offence in itself. Like all advice in the Highway Code it is a good idea to follow it so that you stay safe and avoid civil liability as well as a claim on your insurance.

It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of junctions, at roundabouts, overtaking you or filtering through traffic. Always look out for them before you emerge from a junction; they could be approaching faster than you think. When turning right across a line of slow-moving or stationary traffic, look out for cyclists or motorcyclists on the inside of the traffic you are crossing. Be especially careful when turning, and when changing direction or lane. Be sure to check mirrors and blind spots carefully.

When passing motorcyclists and cyclists, give them plenty of room (see Rules 162-167). If they look over their shoulder it could mean that they intend to pull out, turn right or change direction. Give them time and space to do so.

Motorcyclists and cyclists may suddenly need to avoid uneven road surfaces and obstacles such as drain covers or oily, wet or icy patches on the road. Give them plenty of room and pay particular attention to any sudden change of direction they may have to make.

       What should I do if…?

Cyclists in front of me are riding three abreast and blocking the road.

The cyclists are in the wrong. They should only ride two abreast on a normal road or in single file on a busy/narrow road. The fact that the cyclists are not obeying the rules of the road does not give you the right to do the same. You should drive behind the cyclists, keep a safe distance and wait until there is a safe place to overtake.

There is a bike in front of me who is 2-3 metres into the road. If he moved over I could get past. Can I sound my horn to get him to mover over?

No. Cyclists are entitled to ride away from the kerb to avoid potholes, debris and drains. You should not try to intimidate them.

I am waiting at a red light. A cyclist has undertaken me coming up to the junction. Is there anything that I can do?

It can be quite dangerous for bikes to pass on the nearside (passenger side). They are often in a motorist’s blind spot and can sometimes get crushed by trucks or buses. You should be particularly vigilant and always watch out for cyclists doing this.

It is not advisable to take the law into your own hands. You could potentially report the matter to the police but it is very unlikely that they would take any action. 

Are Motoring Offences Merely A Sign of Success?

Guest blog by Jonathan Berry

Wealth and motoring offences seem to go hand in hand, especially if the media's coverage of footballers' misdemeanours are to be believed.  The reason for this is, to some extent, obvious; the increased chance to purchase highly powered supercars and the opportunity to attend the best places in town. 

House-hold names such as Paul Merson, Ray Wilkins and Jermaine Pennant have all recently been stopped in high performance vehicles.

A report on elephant.co.uk has shown that professional footballers top the list of occupations that are the worst offenders for motoring offences. It was established that 28.9% of footballers have some form of motoring offence conviction on their licence.

Many people think that there must be a blatant disregard for the rules of the road by footballers, but this trend may be caused by other factors.

The fact that young footballers do not have the same learner driving experience as the regular ‘Joe Blogs’ could mould the rest of their driving career. The ‘finding your feet’ stage of driving is usually learnt in the first few years after passing your test. My first car after passing my test was a 1.1 litre vehicle which would be very different to most footballers who have the luxury to hand pick any car they so wish. This could mean that they may be learning their road awareness in a 3 litre turbo vehicle or bigger! At such a young age, it is easy to ‘show off’ in front of friends and unfortunately that is the main time that accidents and motoring offences occur.

At Geoffrey Miller Solicitors, we deal with several ‘VIP’ clients including a number of sporting legends. 

"I would strongly recommend anyone facing a motoring prosecution to call Jeanette Miller of Geoffrey Miller Solicitors.

We offer a VIP service to every client whether they are a footballer or a taxi driver. Please visit our Premium Gold (VIP) services and call for a confidential chat with ‘Miss Justice’ Jeanette Miller. Some of our more elite service packages include a press relations service which will guide you through any court appearance and for those keen to keep out of the public eye, we will give advice on the best way to keep details of your case as discreet and "below the radar" as possible.

Beware of "Sex on the Beach" in the midday sun!

Co-authored by Jeanette Miller and Jonathan Berry

Isn't this sunshine gorgeous?! Doesn't it make you feel so much happier when you open those curtains and see glorious blue sky? Like many Brits, does this seemingly rare heatwave also increase your tendency for an alcoholic tipple or two in the sunshine. Maybe because it is so rare to be able to sit freely outside, more people are encouraged to go for a drink after work or on their dinner hour and can decide to ‘chance’ driving home. The excitement of the summer sun is then short lived when they are arrested for drink driving and are looking at a minimum 12 month ban.

The summer sun can also increase the temptation to look at the cocktail menu. Popular cocktails such as the ‘Cosmopolitan’ and ‘Long Island Ice Tea’ have several different spirits in and because of the home made aspect to these drink consumers are often unaware of exactly how many units they are drinking.

Despite the fact that the drink driving limit can be exceeded even with one drink, there is a common view across the country that any more than two pints is unacceptable. There is little or no guidance out there on how many cocktails you can have! Possibly because most cocktails on their own would send you straight over it.

I have been harping on for years about the "2 pints" theory being flawed in itself as every drink is different and contains varying alcoholic content. The amount of ‘acceptable’ alcoholic drinks is completely different from person-to-person.

Factors that people need to take into consideration are:

• The person’s gender
• The person’s weight
• The person’s current levels of stress
• The person’s age
• Whether the person has eaten in the past few hours; and
• The person’s metabolism

Cocktails have several different spirits in them and the flavour is usually masked by fruit-based mixers and sugar. Many people can get carried away sipping their ‘sex on the beach’ and can easily be convinced to order a ‘mojito’ to follow.

Cocktails are commonly served in large jugs and are regularly ordered between friends. Again, this can be very dangerous before driving home as you are unaware the amount you are drinking and exactly how many units are in the glass you have poured yourself!

Drinking pints of lager these days is just as hazardous as fashionable cocktails! There are many continental lagers and beers now on the menu and people very rarely ask the percentage of the alcohol content when a pint is ordered.

Half a pint of 3.5% beer/lager or cider is approximately one unit of alcohol. Following reading this blog, I hope you will now notice that many continental lagers are now closer to 5% or even 6%!

This drastically effects the volume of lager that you can drink, alongside the other factors stated above, before being caught driving over the limit.

Apart from taking a breathalyser test before getting behind the wheel (and even they have their faults!) there are no definitive physiological indicators whether you will be over or under the limit. If caught and convicted, the "chancing it" cocktail could cost you your job and have a knock on effect to innocent third parties, such as family members.

The vast majority of people who call us to find out what they can do about the drink drive prosecution they face start by saying, "I'm not a drink driver and I completely disagree with drink driving". I don't doubt that for one minute as I am yet to come across someone who supports getting behind the wheel when drunk. The common theme amongst virtually every client we assist is a lack of awareness and poor judgement. Don't let the cocktail menu tempt you to join this club!

If you have unfortunately been caught drink driving and would like to pick up the phone and talk things through with one of our experienced caseworkers , then please get in touch on Free phone 08000 85 27 84.

Confused Much Mr Taxi Driver???

Guest Blog by George Matthews, Paralegal at Geoffrey Miller Solicitors

From 1 March 2012 all taxi drivers in London are required to display taxi driver identifiers in the front and rear windows of their taxis. There are two different types of identifiers – a Green Badge for those taxis licensed to pick up fares in all parts of London, and a Yellow Badge for those taxis licensed for suburban areas only. The Yellow Badge also identifies which sectors the licence covers.

Although taxi laws and offences are fairly niche areas of motoring law we thought we'd post some clarification for those who may be confused by the changed procedures:

1. What happens if I don’t display my identifier?

Failure to display identifiers in the form prescribed by Transport for London (TfL) or displaying identifiers that bear a different number to the driver’s badge are breaches of the London Cab Order 1934. The London Taxi and Private Hire (TPH) Staff Manual provides that action should be taken in accordance with the following guidelines:

(i)           Not displaying identifiers: A written warning will be the norm for a first offence in the period of the current and preceding licence. Unless there is significant mitigation, a second offence will result in a suspension for one month, and a third offence in the same period will result in revocation of the driver’s licence.

(ii)          If the driver is not displaying identifiers because they have been lost or stolen and he has informed TPH, no further action is necessary. However, if the driver fails to inform TPH action as at (i) above should be considered.

(iii)         Displaying identifiers in the wrong place: A Compliance Officer should resolve on the spot either by issuing an additional wallet to affix in the correct location or making a note to send an additional wallet to licensee’s address.

(iv)         Displaying identifiers with the wrong badge number: Each case will be judged on its own merits although if there is evidence of fraudulent activity consideration must be given to suspending or revoking the driver’s licence (see also (v) below).

(v)          If a driver is found displaying forged, fake or stolen identifiers, consideration must be given to suspending his licence pending further investigation. On completion of the investigation the driver’s fitness to remain licensed must be reviewed. See also “I copied my mate’s identifier...” below.

(vi)         Drivers displaying photocopies of their identifiers, and storing their original elsewhere in their taxi: The driver should be given a verbal warning and advised to display the correct identifiers. A record of the warning must be made and should the driver repeat the offence it should be dealt with as at (i) above.

2. Why have these identifiers been introduced?

The identifiers are designed to encourage compliance by drivers, including plying for hire within their licensed area. They are not intended to restrict the areas in which taxis can work, but aid TfL Compliance Officers and the police.

3. What happens if I lose my identifier?

If you have lost or had your identifier stolen you must notify TPH immediately. In the interim, they will issue a letter stating you are waiting for your replacement to be delivered and can continue working.

4. I saw a Yellow Badge holder in central London. Should I confront them about this?

There are a number of reasons why a Yellow Badge holder may legitimately be in central London or in a sector other than those for which they are licensed, including:

·         Dropping off fares that started in their sector but ended outside it;

·         Picking up fares that were pre-booked when the driver was in their sector;

·         The driver is licensed for one of the two extension areas; and

·         The driver is plying for hire at an ‘island rank’.

If the Yellow Badge holder was plying for hire outside their designated area, a written warning will be the norm for a first offence in the period of the current and preceding licence. Unless there is significant mitigation, a second offence will result in a suspension for one month, and a third offence in the same period will result in revocation of the driver’s licence.

Even if the Yellow Badge holder was not in central London for a legitimate reason, the correct action to take is to report this to TPH. Their guidance states that “any driver found confronting another driver for any reason risks having their suitability to be licensed reviewed which may ultimately lead to their licence being suspended or revoked.”

5. I copied my mate’s identifier and the police caught me. What will happen?

The Driver and Operator Policy Manager at TPH has said: “I must stress that any driver found using a forged or fake identifier will have their licence suspended pending the outcome of the police investigation and any subsequent court case. To date a number of drivers have been arrested and investigations are ongoing.”

6. I don’t agree with the decision to revoke/suspend my licence. Can I appeal?

Any taxi driver who is dissatisfied with the decision of TfL to suspend or revoke his taxi driver's licence may, within 28 days, ask TfL to reconsider its decision. You may be accompanied by a legal or other representative at this hearing. The hearing is primarily an opportunity for you to speak for yourself and to bring attention to matters which you feel TfL should take into consideration in reviewing its decision. Even when you are represented you will be encouraged to speak for yourself. You should be notified of the outcome of the reconsideration within 28 days. Unless the revocation or suspension is with immediate effect for public safety reasons, drivers can continue working while the appeal is ongoing. If the you are not satisfied with the result of the reconsideration by TfL you may then appeal the result, within 28 days, to the appropriate magistrates’ court.

Please get in touch with any member of the team at Geoffrey Miller Solicitors on 08000 85 27 84 if you are a taxi driver needing expert legal help. Don't forget to mention our special offer of a 10% discount on fees...