Possible prosecution?

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soofsayer

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Had a great ride today. On the way home I was south of Walshford on the old A1 when this happened.

https://youtu.be/hrmtysm_eko

The stretch the car was coming down was a long straight road (couple of miles straight) with no obstructions to visibility. It was making the overtake way before I was anywhere near it and you can see from the video it was nowhere near clearing the truck or even being ahead, the vehicle made no effort to pull back into the oncoming lane but stayed out, the scooter behind me had to take evasive action too. No idea what the freelander did.....

Is this dangerous driving?

Edit - ignore the time stamp etc it is wrong.
 
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Most definitely yes. He'd be minus a wing mirror and possibly a few front teeth if he did that to me[emoji35]


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First of all pleased both you and the chap on the scooter are ok. The driver of the oncoming vehicle clearly didn't see you / notice you as he/she couldn't possibly have misjudged the overtake that badly. I don't know if the law would view it as dangerous driving but I certainly would! There are some worrying people on the road, a couple of weeks ago I was behind a people carrier that for no good reason gently overtook a car round a blind corner on a fast A road, I couldn't believe it - certain death if anything had been coming the other way, the driver who was 60ish seemed to be in a world of his own when I passed him shortly afterwards..
 
Just viewed again it's not even level with the rear of the trailer. Likely dangerous as had lot of opportunity to move in.
 
Just viewed again it's not even level with the rear of the trailer. Likely dangerous as had lot of opportunity to move in.

Yes, that was my thoughts. The car went for the overtake, had plenty of time to cancel and move back in but didn't, just kept going with no chance of making it without oncoming vehicles taking evasive action. I doubt it made the overtake by the roundabout I'd just been across. Totally reckless.
 
On the face of it, there seems to be a case for careless or dangerous driving against the driver. The 2 key questions are whether the original video is clear enough to read his number plate, and how fast you were going. If you were speeding, giving the police evidence that you were speeding and asking them to put down their doughnuts and prosecute somebody might not end the way you hoped.
 
Wtaf... Is it just me or has driving standards across the board just deteriorated massively over the last 10 years? You were a lucky boy andy!


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Wife suggested it could be someone confused thinking its a dual carriageway?
 
Hi Andy, glad nobody was hurt by this clearly idiotic manoeuvre by the car driver. Each Police region has different standards that they will apply before bringing a Section 2 dangerous driving charge against a motorist, regardless of how an onlooker would see it. In Fife prior to the police all joining together as Police Scotland a dangerous driving prosecution would not be entertained by the Procurator Fiscal (CPS equivalent) Unless there had been significant damage to 3rd party property or injury caused by an accident.
Basically if there was no contact a dangerous driving charge would never be libelled nor for that matter a Section 3 Careless driving prosecution.

Just glad you are ok.

JimmyMac
 
...... and how fast you were going. If you were speeding, giving the police evidence that you were speeding and asking them to put down their doughnuts and prosecute somebody might not end the way you hoped.

Lol, 60 ish ocifer. GSAs aren't very fast are they? :).
 
Unfortunately it can be a regular occurrence when you go out on the bike. Glad you're ok.
 
shocking driving , it really is, glad your ok Andy, and it just shows you that when your riding a bike you need to be on the ball all the time , if your not one of these f@#kers will take you out.....
 
Very bright LED headlight on the latest GSA's too, the car driver must've lost the plot
 
As you are no doubt aware, the speed could be calculated relatively easily from the video, and whilst it will not be deemed to be accurate to the nth degree, if it shows a speed significantly above the speed limit, it would be enough to convict.

The Fife policy (as was) is interesting as in some parts of Scotland, sufficiently excessive speeding without any aggravating factors/conditions is often libelled as dangerous - although it is the policy in force in the area in question that matters.

If your speed was broadly within the limit, (and the numberplate of the car can be read) I would be minded to report it. Otherwise, whilst it is entirely possible that they would pursue the driver and leave you alone, there is a very real chance that you would be prosecuted for speeding.

Speeding is far easier to prove than most other motoring offences. Some years ago I was returning from my parents' house in Cornwall on Boxing Day (in my old 2.5 Cougar). Traffic was light on the M4 (mainly old twats doing no more than 80 in lane 3) and I was making progress. I came up behind a particularly narcoleptic old twat doing no more than 80 in lane 3 with nothing in front of him and just a couple of cars within sight behind (me and an unmarked 5 series), and after flashing my lights for about a minute, he finally pulled into lane 2 to allow me to pass, before pulling right back into lane 3 causing the unmarked 5 series to brake sharply to avoid going into the back of him. Before I came along, the unmarked 5 series was planning on doing Mr Narcoleptic anyway, so obviously after he was utterly pointlessly and dangerously cut up, the unmarked car decided to let Mr Narcoleptic go and do me for speeding instead.

On another occasion, I was making progress heading in the other direction on the M4 (2.9 Granada this time). Another unmarked car had been following me and was furious with the half a dozen or so drivers who cut me up badly without warning because it stopped them actually recording me going over their threshold speed.

Perhaps not a statistically significant sample, but in my experience the police are far happier to go for an easy speeding than do some work and do someone for dangerous driving. And this was before they started taking a cut from the speed awareness courses they offer as an alternative to a fixed penalty/prosecution.
 
Lol, naroleptic old twat, I'm going to use that one. Said twats tend to be doing around 35 in a 60 up in these rural parts, with heavy braking at the whiff of the slightest meander of the road from dead straight.

I do wonder about who's on the roads these days. My inlaw can hardly walk, is halfway to being blind, can't drive at all in the dark, couldn't read a number plate at the required dvla distance, when he got referred by his GP even the optician said he wasn't going to have much chance of keeping his licence. DVLA renewed it for another 3 years. He's a good old boy really, but it is scary.

You make a fair point Andyf, there was a documentary I watched not long ago that explained the police points system and how quick wins are the priority for meeting targets. I wasnt planning on getting in touch with the plod but you make valid points on self incrimination.

Today was the first time I have ridden the GSA in the daytime without the led side lights on....
 
What is the age limit for becoming a narcoleptic old twat,please?.
I often find myself calling other road users "silly old c****"-only to find they are younger than me.
 
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