Fined for warning drivers of a speed trap ahead

sarahg1969

As I've commented in numerous places, the magistrates have erred. The man is to appeal, and he will win. There is a precedent from 2005 – DPP v Charles Glendinning.

In the DM, loads of comments refer to flashing your headlights as being illegal. However, that's a red herring. Mr Thompson was not prosecuted for flashing his headlights.

pinkteapot

Mankysteve wrote: »

Your only meant to flash your headlights at other vehicles to lets them know your there. Being fined is a bit harsh.

Does this include flashing people driving too slowly in the wrong lane of a motorway?

I got stuck on the M25 over the new year weekend, behind a car doing 60mph in the outside lane while the inside TWO lanes were completely empty! (And with no traffic in sight for those two lanes)

Not in a roadwork section or anything, just a normal 70mph limit section.

My options were to undertake or try and make them pull over. Normally I undertake in these situations even though it's (1) not allowed and (2) dangerous, because I think it's rude to start flashing your lights. But this driver wound me up to the point where I flashed them.

They still didn't move so in the end I undertook in the inside lane. The car behind me then flashed them as well and they did then pull over.

So... Flashing someone in this scenario? Legal or not? I know it's pretty rude.

As for the original story, it's been around for years. When I used to drive to school (about 15 years ago), it was along a 60-limit B-road that went through a small hamlet with a 30-limit. Regular point for a police speed trap. Everyone used to flash each other and my dad told me then that you're not meant to.

sarahg1969

pinkteapot wrote: »

Everyone used to flash each other and my dad told me then that you're not meant to.

There's no reason why not. There's case law to say it's not an offence of obstruction. In any event, a lot of camera sites are operated by "safety partnerships" and not the police. You couldn't be done for obstructing them anyway.

tbourner

pinkteapot wrote: »

I got stuck on the M25 over the new year weekend, behind a car doing 60mph in the outside lane while the inside TWO lanes were completely empty! (And with no traffic in sight for those two lanes)

So... Flashing someone in this scenario? Legal or not? I know it's pretty rude.

Legal, as is beeping your horn. You're warning them of your presence where they obviously (?) hadn't realised you were there, which is the intended use of main beam and horn.

tbourner

pinkteapot wrote: »

Normally I undertake in these situations even though it's (1) not allowed and (2) dangerous, because I think it's rude to start flashing your lights.

Technically you can do this legally as well, since traffic in the outside lane is moving slower than your lane.
//edit: I doubt very much you'd get away with it with that defence, just saying.

tbourner

On a car forum I go to, people are discussing clubbing together the money and paying his fines for him - that's how much the car nuts think it's a ridiculous punishment!

Jeff_Bridges_hair

sarahg1969 wrote: »

As I've commented in numerous places, the magistrates have erred. The man is to appeal, and he will win. There is a precedent from 2005 – DPP v Charles Glendinning.

In the DM, loads of comments refer to flashing your headlights as being illegal. However, that's a red herring. Mr Thompson was not prosecuted for flashing his headlights.

Have you got a link to this case that you mention please.

thanks

bosseyed

As far as I was aware, the chap wasn't fined for anything to with flashing his lights - he was fined for 'obstructing police in their duties' or some such offence, so whether he flashed his lights, swerved wildy aacross the road or waved his bum out of the window with 'caution speed camera ahead' written on it is irrelevant.

And as others have said, the stated aim of speed cameras is to enforce safety, not catch speeders. I fail to see how warning drivers of a speed trap ahead is in any way an obstruction of police duties. Failing to catch speeders as they were prewarned about the sneaky trap ahead is not an obstruction of police duties.

Surely a day where police catch nobody speeding would be a good thing. Naturally revenues earned from speeders would drop but this would surely be the ideal situation bearing in mind the stated aim of the safety camera partnership.

So suspect he will appeal and, I hope, win.

Gavin83

If I was him I'd appeal and make a complaint about the officer in question. Your punishment shouldn't increase for challenging the police, they should be prepared to discuss the charge should it be debatable. Some people seem to think a simple 'yes sir' in response is the only way when dealing with the police.

katerinasol

I think this is ridiculous. Yeah they might have been doing their job etc etc but as someone else pointed about above, they were there to catch people speeding i.e. make money, not to improve road safety standards. Plus there is a certain sense of camraderie between drivers when it comes to speed cameras/traps. Anyone see that Top Gear episode where Jeremy went to Belgium(?) and they showed him how they take photos of police speed traps and people destroy cameras etc?