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Level crossing stupidity...


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Why not treat a Driving Ban as an injunction with power of arrest?

 

Hauled off to the cells until a judge is available who can then send you straight to prison.............

 

Driving whilst disqualified is already an offence with what is known as a found committing power of arrest.  This means that any Constable, IIRC in uniform, can instantly arrest someone found committing the offence. This is under normal criminal law rather than civil law which injunctions use.   Once arrested all the normal decision making procedures kick in as to whether or not to grant bail or to detain the person to send straight to court where they can be remanded in custody.  As a village bobby I used to love catching disqualified drivers. 

 

Jamie

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Why not treat a Driving Ban as an injunction with power of arrest?

 

Hauled off to the cells until a judge is available who can then send you straight to prison.............

It ought to be an "offence" to wish that a police state is a good idea.

 

There are only five types of crime, are you able to name them ?

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Driving whilst disqualified is already an offence with what is known as a found committing power of arrest.  This means that any Constable, IIRC in uniform, can instantly arrest someone found committing the offence. This is under normal criminal law rather than civil law which injunctions use.   Once arrested all the normal decision making procedures kick in as to whether or not to grant bail or to detain the person to send straight to court where they can be remanded in custody.  As a village bobby I used to love catching disqualified drivers. 

 

Jamie

 

....at which point (nowadays) the Judge lets them straight back on the streets again.

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It ought to be an "offence" to wish that a police state is a good idea.

 

I don't think anyone was suggesting that... However in a country like ours where we rely on people behaving as they should do and abiding by the law of the land it is frustrating when people are seen to blatantly break the law time after time and no meaningful punishment is administered (i.e. one which makes them stop doing the crime)... What makes it worse is when you catch them hand them over to the Police and nothing is done but a verbal warning, even with repeat offenders... And it';s getting worse.

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I don't think anyone was suggesting that... However in a country like ours where we rely on people behaving as they should do and abiding by the law of the land it is frustrating when people are seen to blatantly break the law time after time and no meaningful punishment is administered (i.e. one which makes them stop doing the crime)... What makes it worse is when you catch them hand them over to the Police and nothing is done but a verbal warning, even with repeat offenders... And it';s getting worse.

Interesting, here in Victoria Australia, we just had a state election. The opposition made (as they always do) a push for 'Law and Order', they got well and truly hammered. Mind you, plenty of very poor policies too.

The leader did him self no favours being caught having a lobster dinner, with the alleged boss of the mafia! So much for L&O!

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(Attempting to bring the conversation back to level crossing...)

 

I find it most curious that in Germany and Austria I've seen level crossings which use a red steady light as the road signal, some placed where they are clearly visible to train drivers.

 

I would hesitate to call it stupidity because I'm sure it works just fine, and I suppose there must be plenty of places where road traffic lights are equally visible.  (And I think we use red flashing lights at level crossings to denote that they have much more severe restrictions on when they can be passed than a normal red traffic signal, not to avoid confusing train drivers). Nevertheless it seems a bit odd.

 

I'm no expert on level crossing types outside the UK (in fact I get lost with the many types we have here) so I don't know why some have steady lights and some have flashing ones.

 

They don't seem to go in for amber lights with the flashing ones in Germany. Presumably one treats the lights like an amber one here, i.e. continue if it's unsafe to stop. That didn't stop a bus driver last week from slamming the brakes on at a level crossing when the lights started flashing, sending several passengers flying. Nobody seemed to be damaged, but one clearly wasn't happy, and demanded the number of the bus.

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I don't think anyone was suggesting that... However in a country like ours where we rely on people behaving as they should do and abiding by the law of the land it is frustrating when people are seen to blatantly break the law time after time and no meaningful punishment is administered (i.e. one which makes them stop doing the crime)... What makes it worse is when you catch them hand them over to the Police and nothing is done but a verbal warning, even with repeat offenders... And it';s getting worse.

It would seem by your answer that you don't know the difference between offences and crimes either.

 

Hence we live in the country in the state that it is in.

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OK:

 

Offence: "a breach of a law or rule; an illegal act." (one of two meanings of the word and the relevant one in this discussion)

 

Crime: "an action or omission which constitutes an offence and is punishable by law." or "illegal activities"

 

Both from the online dictionary via Google.

 

 

Whilst they have slightly different meanings I think both are interchangeable in normal discussion, that may not be what you want to hear but I hardly feel it makes the country in a state, the meaning of words in the English language changes all the time with use (or misuse!), look at the word "gay"! if we were in court then no doubt the learned people would take a dim view of their "misuse" but we aren't, are we, or are we?!  :)

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OK:

 

Offence: "a breach of a law or rule; an illegal act." (one of two meanings of the word and the relevant one in this discussion)

 

Crime: "an action or omission which constitutes an offence and is punishable by law." or "illegal activities"

 

Both from the online dictionary via Google.

 

 

Whilst they have slightly different meanings I think both are interchangeable in normal discussion, that may not be what you want to hear but I hardly feel it makes the country in a state, the meaning of words in the English language changes all the time with use (or misuse!), look at the word "gay"! if we were in court then no doubt the learned people would take a dim view of their "misuse" but we aren't, are we, or are we?!  :)

If it is all the same, I prefer Blacks Law Dictionary to the Ministry of Truth (Google) any day of the week and I should know for I once stood rozzers on their oaths so that they may not issue statutory debt notices for their oaths oblige them to uphold the law and not issue private debt notices for profit of their corporation. I refuse to sign unless they put me under duress which they can not do without threat of violence and as I had not committed a crime they have no power to do any such thing. No aw allows it what ever statute may say.

 

Words are very useful but only when used properly, which you haven't.

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As I am partly responsible for the thread drift I will try to get it back on topic (if you'll forgive any mistakes I make in my use of our language!)... ;)

 

Earlier in the year I went to and took a ride on the Murtlebahn narrow gauge line in Austria. It was a lovely run an the best of the lines we travelled on in my view.

 

But it has lots of ungated level crossings, many without any lights either. I'm a member of the Austrian Railway Group and am forever seeing posts about accidents on the line. It's now getting to the stage where they are thinking of closure because it would cost so much to put barriers in.

 

It makes me wonder if the costs of stopping errent motorists should be paid for our of road taxes rather than from the railways purse?

 

In the meantime get over to Austria and take a trip before it's too late!

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If it is all the same, I prefer Blacks Law Dictionary to the Ministry of Truth (Google) any day of the week and I should know for I once stood rozzers on their oaths so that they may not issue statutory debt notices for their oaths oblige them to uphold the law and not issue private debt notices for profit of their corporation. I refuse to sign unless they put me under duress which they can not do without threat of violence and as I had not committed a crime they have no power to do any such thing. No aw allows it what ever statute may say.

 

Words are very useful but only when used properly, which you haven't.

 

Why are you being so deliberately objectionable? Sorry, just saying what no doubt a few others are thinking...

Moving on, yes, agreed, it's a level crossing thread. I'm sure we won't have to wait too long for the next Darwin candidate.

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Gibbo675 thank you for the PM explaining the difference between Law and Statute complete with comment and Latin lesson. Do you mind if I share it on here?

Regards Colin

Hi Colin,

 

You may do as you wish with any information you receive from me or anyone else. I would suggest, however, that you bolster any and all information via some means of third party verification process, but I leave that to you.

 

Cheers,

 

Gibbo

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In railway term:

 

If a railway and road cross at the same level, it's called a level crossing.

 

If two railways cross at the same level, it's called a flat crossing.

 

If a railway and a waterway cross at the same level, it's called a serious surveying error.

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