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Hillsborough - Who drove through mother duck and 7 ducklings?

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Surely the "driving without due care" would be because they DIDN'T do it on purpose, but were not driving safely for the conditions (ie how far they could see).

If they did it on purpose then an animal cruelty charge would be more appropriate.

 

Have you watched the video yet?

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How people can find the death of some ducklings amusing is beyond me.

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How people can find the death of some ducklings amusing is beyond me.

 

I wouldnt say "amusing". More "insignificant".

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So they were driving with their eyes closed? Or do you think it's more likely they were staring up at the lights with their foot down doing an amber gamble. I know which I would hedge my bets on.

 

 

 

I never mentioned anything going to court? I'm positing that an RTA was commited which you disagree with. I doubt this will end up in court. There's no information available that it was even reported to the police? At this point, will just have to wait and see if the article is ever updated.

 

For the third and last time, there is no RTC!

Since you could not be bothered to read the link I have copied it for you I have cut and paste it. I draw your attention to the very last section, section 8.

 

Now please don’t just read section 1, subsection ii and think ah ah!

Read it and then go to section 8.

 

 

1)This section applies in a case where, owing to the presence of a [F1mechanically propelled vehicle] on a road [F2or other public place], an accident occurs by which—

(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or

(b)damage is caused—

(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.

(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.

(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [F4a motor vehicle] does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—

(a)to a constable, or

(b)to some person who, having reasonable grounds for so doing, has required him to produce it,the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a)must do so at a police station or to a constable, and

(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [F5seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8)In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.

 

( I really don’t know why it shows a smilie face instead of figure 8 in brackets.

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It’s not even a reportable RTA!

A duck is not covered in the list of reportable accidents involving animals.

 

 

I think you are confusing what is potentially reportable incident - and what amounts to due care. This may or may not amount to due care.

 

If you are driving and owing to your presence on a road an "accident" occurs - etc that gives rise to potential offences of failure to stop/fail report and a possibly s.172 offence. You know that what that section is about though

 

I would suggest you look at what amounts to due care - here is an easily digestible explanation via the RAC -

 

https://www.rac.co.uk/drive/advice/legal/driving-without-due-care-and-attention/

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I think you are confusing what is potentially reportable incident - and what amounts to due care. This may or may not amount to due care.

 

If you are driving and owing to your presence on a road an "accident" occurs - etc that gives rise to potential offences of failure to stop/fail report and a possibly s.172 offence. You know that what that section is about though

 

I would suggest you look at what amounts to due care - here is an easily digestible explanation via the RAC -

 

 

 

https://www.rac.co.uk/drive/advice/legal/driving-without-due-care-and-attention/

 

Taking the ducks out of the equation, are there any road traffic offences?

It may well meet the criteria but so does eating a banana while at the wheel.

 

Sorry it’s from the mail!

 

http://www.dailymail.co.uk/news/article-3406669/Driver-pay-145-eating-banana-wheel.html

 

In that case would every rabbit run over be dealt with as a case of careless driving?

Edited by monkey104

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Taking the ducks out of the equation, are there any road traffic offences?

It may well meet the criteria but so does eating a banana while at the wheel.

 

Sorry it’s from the mail!

 

http://www.dailymail.co.uk/news/article-3406669/Driver-pay-145-eating-banana-wheel.html

 

In that case would every rabbit run over be dealt with as a case of careless driving?

 

 

 

Outraged driver - pleads guilty ? A non story if ever there was one - and having decided it was so outrageous now bleats about the impact it has - when that could all so easily have been avoided.

 

If you read the tweet from the police in the article - she was actually given a FPN for not having proper control - s.41D RTA 1988 - it is a very handy little piece of legislation used by road traffic (or other) officers when stopping joe public for eating his sandwiches, brushing hair, putting on make up and that sort of thing - its an on the spot penalty - and as the outraged lady found if you pay the fine no points are endorsed - A very costly error all round.

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I’ll cough to not reading that one correctly.

 

So back to the duck killer then.

Is he /she not having proper control/ driving without due care/ dangerous driving/ or cruelty to animals.

I think you jumped in when Alsatian was going to come back and tell us what 5he offence was and the points to prove.

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Probably related to the idiot who once mounted the pavement and deliberately ran over my sleeping/sunbathing cat, killed him out right!, the neighbour saw the whole thing and said it was a deliberate manoeuvre as the car brushed the garden hedge!!

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That's an odd thread bump.

 

Not intentional, the thread just reminded me of moronic senseless killings.

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