Incorrectly accused of not wearing seatbelt

TooManyPoints

I wonder if the court process would allow everyone to go out into the car park to see the OP put the seatbelt on in that car with that jacket?

Yes it would. If the defendant requests it and the Magistrates agree that it would assist his evidence, then it is perfectly in order. The Magistrates and their Legal Advisor would have to attend, along with the defendant, his advocate (if he has one) and the prosecutor.

Bigwheels1111

I’ve had loads of seat belt fine, most while mini cabbing.
The law changed allowing me to not wear a belt when I had passengers.
Did not stop uneducated officers giving tickets.
I loved going to court and making then look stupid.
I paid 3 or 4 tickets in the past as was caught fair and square.
But would fight a ticket that I was not guilty of.

DB1904

Bigwheels1111 said:

I’ve had loads of seat belt fine, most while mini cabbing.
The law changed allowing me to not wear a belt when I had passengers.
Did not stop uneducated officers giving tickets.
I loved going to court and making then look stupid.
I paid 3 or 4 tickets in the past as was caught fair and square.
But would fight a ticket that I was not guilty of.

So do we take it from that you never wore a seatbelt while driving a mini? I can't understand the logic of driving to a passenger and then taking your belt off.

Sebi_895

Clanwalker said:

Hi,

I was driving home from work on a standard day like any other.

As I was driving up a very steep hill about 20 mins into my 30 min journey home, I saw what I assumed was a speed trap vehicle on the far side of the road.

I was doing the speed limit so this of course did not bother me, but 2 days later I received a letter claiming I was being prosecuted for not wearing a seatbelt!

Total outrage mate, I proper feel for you on this one. I would say defend it any way possible but then I understand all the grief that comes with it. Looks like the police coffers are at an all time low so trying to pick up whatever they can get.
Do you have legal cover with your insurance company? 

[Deleted User]

It might not have been the police operating the speed trap. They often use other staff to do it.

Problem is that the court is likely to take their word for it, so you will need to show quite convincingly that you were wearing your seatbelt.

And even if you do win, you will be out of pocket and getting any compensation will require at a minimum making a complaint. Most police complaints are dismissed with only a cursory glance, so expect to fight.

TooManyPoints

 Looks like the police coffers are at an all time low so trying to pick up whatever they can get.

The police gain no revenue from fixed penalties or court fines.

 I can't understand the logic of driving to a passenger and then taking your belt off.

The logic behind the exception in the legislation was provided by the taxi drivers' lobby. They suggested that a passenger seated in the rear may use the belt to constrain the driver if he attacked him.

DB1904

TooManyPoints said:

 Looks like the police coffers are at an all time low so trying to pick up whatever they can get.

The police gain no revenue from fixed penalties or court fines.

 I can't understand the logic of driving to a passenger and then taking your belt off.

The logic behind the exception in the legislation was provided by the taxi drivers' lobby. They suggested that a passenger seated in the rear may use the belt to constrain the driver if he attacked him.

I know the logic but there's not that risk from every fare. 

TooManyPoints

DB1904 said:

I know the logic but there's not that risk from every fare. 

Of course not. But the driver doesn't know who, among his passengers, is likely to try to throttle him. Modern day purpose-built London taxis have a dividing screen between the driver and the passenger saloon, so the risk is eliminated. But the exemption remains.

DB1904

TooManyPoints said:

DB1904 said:

I know the logic but there's not that risk from every fare. 

Of course not. But the driver doesn't know who, among his passengers, is likely to try to throttle him. Modern day purpose-built London taxis have a dividing screen between the driver and the passenger saloon, so the risk is eliminated. But the exemption remains.

I disagree, a regular female 75 year old on a weekly supermarket trip is an unlikely candidate. 

CKhalvashi

Bigwheels1111 said:

I’ve had loads of seat belt fine, most while mini cabbing.
The law changed allowing me to not wear a belt when I had passengers.
Did not stop uneducated officers giving tickets.
I loved going to court and making then look stupid.
I paid 3 or 4 tickets in the past as was caught fair and square.
But would fight a ticket that I was not guilty of.

Safety.

Back in the days before apps and card payments (although I no longer have any connections to the trade other than being a customer of 2 private drivers in their respective licensed vehicles as opposed to going through a company) it could have been anyone getting into the car. A fast exit route was therefore essential for driver safety in the event of something untoward occuring.