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Is this old a new news????

Posted: Mon Jun 03, 2013 11:57 pm
by Earl
Someone posted this on another forum, I wondered if it's old news?

http://www.motorbikestoday.com/news/Art ... ng_law.htm" onclick="window.open(this.href);return false;

Re: Is this old a new news????

Posted: Tue Jun 04, 2013 12:43 am
by gn2
Going by the text it's seven year old news.
The writer seems to have drawn some very weird conclusions which may stem from a failure to appreciate the difference between civil and criminal law.

Re: Is this old a new news????

Posted: Tue Jun 04, 2013 5:18 am
by johnp
I remember when that came out.

Re: Is this old a new news????

Posted: Tue Jun 04, 2013 10:59 am
by StephenC
The Highway Code carries two mentions of filtering last time I checked.

EDIT: Yeah, here we are. From https://www.gov.uk/browse/driving/highway-code" onclick="window.open(this.href);return false;

88
Manoeuvring. You should be aware of what is behind and to the sides before manoeuvring. Look behind you; use mirrors if they are fitted. When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes. Position yourself so that drivers in front can see you in their mirrors. Additionally, when filtering in slow-moving traffic, take care and keep your speed low.

151
In slow-moving traffic. You should
reduce the distance between you and the vehicle ahead to maintain traffic flow
never get so close to the vehicle in front that you cannot stop safely
leave enough space to be able to manoeuvre if the vehicle in front breaks down or an emergency vehicle needs to get past
not change lanes to the left to overtake
allow access into and from side roads, as blocking these will add to congestion
be aware of cyclists and motorcyclists who may be passing on either side.

211
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.

Re: Is this old a new news????

Posted: Tue Jun 04, 2013 11:27 am
by gn2
"Many of the rules in The Highway Code are legal requirements, and if you disobey these rules you are committing a criminal offence."

"Such rules are identified by the use of the words ‘MUST/MUST NOT’
"

The civil suit in the OP link wasn't even about filtering, it concerned a motorcyclist overtaking.

Re: Is this old a new news????

Posted: Tue Jun 04, 2013 10:55 pm
by Ferrit
Unless you are being prosecuted then your case will be in the civil courts and the previous case law applies. I use case law all the time at work. My recent crash they claimed 80/20 in favour of their client on the basis of the 66 case and I showed why this did not apply and quoted back some of my own cases and they quickly changed to 80/20 in my favour and when threatened with court action settled on 100%.

Re: Is this old a new news????

Posted: Tue Jun 04, 2013 11:03 pm
by Funkycowie
I wish I had your knowledge at hand when I felt I had to settle 50/50 earlier this year...

Re: Is this old a new news????

Posted: Wed Jun 05, 2013 5:49 pm
by Ferrit
Funkycowie wrote:I wish I had your knowledge at hand when I felt I had to settle 50/50 earlier this year...
Mine was easy, they did not know but I was in the front room of the ladies house when she told her insurance that she had only pulled out because a another driver had waved her out. Not the best defence! I had time of the call and indicated to my insurance company that I would request the call log as I know they are recorded.