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| Thread ID: 116707 | 2011-03-16 08:22:00 | Driver or cyclist at fault? | 64etert (15489) | PC World Chat |
| Post ID | Timestamp | Content | User | ||
| 1186818 | 2011-03-16 23:49:00 | The motorist is charged with Careless use of a Motor vehicle causing death. Careless use is considered to be a breach of the normal standards of care exercised by a "prudent" motorist. The problem I have with this is the different penalties for different degrees of this offence. Simple careless use, i.e. opened door, cyclist fell off but wasn't hurt, probably a minor fine. Careless use causing injury/death, more serious charge, more serious penalties. However, in my mind the negligence was the same - i.e. opening the door without looking. I have no problem with a law that suggests you should check before opening the door - common sense I would have thought. |
bazmeister (3216) | ||
| 1186819 | 2011-03-16 23:49:00 | ... I'd send the City Council to Home Detention for six months for allowing a crazy road configuration. That's what I thought. |
bk T (215) | ||
| 1186820 | 2011-03-16 23:54:00 | IMO, and I dont have all the facts, ie: door opened & cyclist rides into door, or whatever, however, I would say the cyclist should have been on the damn cycle path, thats what its there for!, 2nd, did the cyclists NOT expect the door to open?, what was she watching?, 3rd, I dont think there is a law about opening the door. Just more PC nonsense if you ask me! There is something about it is your fault if you open it and someone hits it Also doesnt a cyclist have to give 1.5 meters in case the door is opened? EDIT: just ride in to the door for gods sake, better than running under a truck coming the other way, might hurt a little and you will destroy the car door, it will probably bend right round LOL |
Gobe1 (6290) | ||
| 1186821 | 2011-03-16 23:54:00 | And why not may I ask? The road code is written and based on Legislation but it's not the actual legislation as passed by Parliament. Its a waste of bandwidth |
prefect (6291) | ||
| 1186822 | 2011-03-16 23:55:00 | And why not may I ask? The road code is written and based on Legislation but it's not the actual legislation as passed by Parliament. Just commenting, however we all know it is not the actual legislation. "DISCLAIMER The NZ Transport Agency (NZTA) has endeavoured to ensure the material in this document is technically accurate and reflects legal requirements. However, the document does not override governing legislation. The NZTA does not accept liability for any consequences arising from the use of this document. If the user of this document is unsure whether the material is correct, they should make direct reference to the relevant legislation and contact the NZTA." |
Terry Porritt (14) | ||
| 1186823 | 2011-03-17 00:09:00 | The actual offence the person is charged with is careless use which is an offence under the Land Transport Act 2005 and as amended in 2007 Section 8. It's over to the prosecution to prove the case if it's defended naturally. |
Snorkbox (15764) | ||
| 1186824 | 2011-03-17 00:27:00 | Its a waste of bandwidth But I would not have wanted you to be disappointed! I might have upset you more than you normally are for the rest of your day if that's possible. |
Snorkbox (15764) | ||
| 1186825 | 2011-03-17 00:30:00 | I am sorry if you want to argue you have to pay | prefect (6291) | ||
| 1186826 | 2011-03-17 01:06:00 | Who is to say that the cyclist didn't suddenly veer out from behind the driver's blind spot? The driver WILL NOT serve any time. Why should he? |
Zippity (58) | ||
| 1186827 | 2011-03-17 01:15:00 | Are not cyclists pushing for vehicles to give them 1.5m clearance? Therefore should not cyclists give stationary vehicles 1.5m clearance also???? Do you ride a cycle? If you did, you would know this would put you in the middle of car lanes in most cities. Not an option. |
user (1404) | ||
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