On 13/08/2023 12:12 pm, Spike wrote:

> swldx...@gmail.com <swldxer1958@gmail.com> wrote:

>> QUOTE: Remember, if you try to wash your windscreen while you have sun
>> strike it will temporarily make it worse. Also, it’s good to know which
>> side your windscreen washers are on because if you pull back the stalk on
>> the wrong side you’ll just high beam oncoming traffic. ENDS
>>
>> JESUS H CHRIST!
>
> Ah!
>
> You’re quite familiar with windscreen wipers, aren’t you, especially on
> continental trips?

:-)

He doesn't like it up 'im!
>
> Over to Mason for a Must Have Last Word (MHLW) posting…

He will, Oscar... he will...

A South Wales man who claimed he had been blinded by the sun has been jailed for a year for causing the death of a cyclist through careless driving in August last year, with the judge who sentenced him saying he had failed "to adjust to a natural, not uncommon, hazard."

Michael Bisi, aged 60 and a fitter from Ebbw Vale, was driving to work on the morning of 12 August 2013 when he knocked Paul Jones, also aged 60 and travelling to work, from his mountain bike.

Mr Jones, a grandfather of two from Markham, was run over by a Honda Civic that was following Bisi's vehicle and died of "blunt force injuries," reports the South Wales Argus (link is external).

The fatal incident happened on an uphill stretch of the A472 Hafodyrynys Road near Crumlin at 7.20 in the morning.

Cardiff Crown Court heard this week that both drivers stopped at the scene, but after 15 minutes Bisi, who according to a witness said at the scene, "I think I clipped him," resumed his journey to work.

He left a piece of paper on which he had written his name and telephone number - the former mis-spelt, the latter with a digit missing.

South Wales Police managed to trace Bisi but when they spoke to him that evening, he claimed he did not believe his vehicle had struck the cyclist, although he subsequently said he might have done due to marks on his car.

The prosecution said that defects to its lights and tyres meant that Bisi's car would not have passed an MOT.

Bisi pleaded guilty but in mitigation, Jeffrey Jones said that his client had been blinded by the sun for approximately 10 seconds and did not see Mr Jones.

It was an argument that Recorder Eleri Rees referred to when handing down his sentence to Bisi, and it was also disclosed that the motorist had five previous convictions for driving while disqualified and uninsured.

He had also been fined for illegally using a handheld mobile phone while driving, as well as for driving with defective tyres.

Judge Rees said: “Your decision to leave the scene is hard to understand. Regrettably, the impression given to the deceased’s family is that you were fleeing the scene and showed callous disregard for his welfare.

“You made no attempt to contact the police yourself.

“The family have been devastated by the death. No sentence will serve to reconcile them to this loss or adequately reflect their grief and anger.

“This was a serious failure to adjust to a natural, not uncommon, hazard of low sun. Given the width of the road, it is hard to understand why you failed to give Mr Jones a wide berth.

“You did stop, but then left without giving adequate details of your identity.

“Previous convictions for driving offences all point to a general disregard for road safety.”

Besides the 12-month prison sentence, Bisi was also banned from driving for two years and has to pay a victim surcharge of £120.

Causing death by careless driving carries a maximum penalty of five years' imprisonment, compared to 14 years for the more serious offence of causing death by dangerous driving.

The imposition of a custodial sentence on Bisi for that lesser offence of causing death by careless driving in a case in which a cyclist is the victim is relatively uncommon in the light of other cases we have reported on.

British Cycling and CTC, among other organisations, have been lobbying for the legal system to be more vigorous in investigating and prosecuting such cases, as well as in sentencing the guilty.

Road safety charity Brake has urged the government to abolish careless driving offences and instead bring them within a redefined heading of dangerous driving, a call echoed last week at a House of Commons debate by Leeds North West MP, Greg Mulholland.

On 13/08/2023 01:31 pm, swldx...@gmail.com wrote:

> A South Wales man who claimed he had been blinded by the sun has been jailed for a year for causing the death of a cyclist through careless driving in August last year, with the judge who sentenced him saying he had failed "to adjust to a natural, not uncommon, hazard." > Michael Bisi, aged 60 and a fitter from Ebbw Vale, was driving to
work on the morning of 12 August 2013 when he knocked Paul Jones, also
aged 60 and travelling to work, from his mountain bike.> Mr Jones, a
grandfather of two from Markham, was run over by a Honda Civic that was
following Bisi's vehicle and died of "blunt force injuries," reports the
South Wales Argus (link is external).> The fatal incident happened on an
uphill stretch of the A472 Hafodyrynys Road near Crumlin at 7.20 in the
morning.> Cardiff Crown Court heard this week that both drivers stopped
at the scene, but after 15 minutes Bisi, who according to a witness said
at the scene, "I think I clipped him," resumed his journey to work.> He
left a piece of paper on which he had written his name and telephone
number - the former mis-spelt, the latter with a digit missing.> South
Wales Police managed to trace Bisi but when they spoke to him that
evening, he claimed he did not believe his vehicle had struck the
cyclist, although he subsequently said he might have done due to marks
on his car.> The prosecution said that defects to its lights and tyres
meant that Bisi's car would not have passed an MOT.
Weaselish words.

As you, May Sun, are only too well aware, lots of motor vehicles
wouldn't pass an MOT on the particular day that a fault develops (eg, a
headlamp failing, the brakes showing first signs of needing to be
relined or the windscreen washers and wipers malfunctioning).

It doesn't mean that the vehicle that the vehicle isn't covered by an
extant MOT certificate. Neither does a fault invalidate that certificate.

> Bisi pleaded guilty but in mitigation, Jeffrey Jones said that his client had been blinded by the sun for approximately 10 seconds and did not see Mr Jones.
> It was an argument that Recorder Eleri Rees referred to when handing down his sentence to Bisi, and it was also disclosed that the motorist had five previous convictions for driving while disqualified and uninsured.
> He had also been fined for illegally using a handheld mobile phone while driving, as well as for driving with defective tyres.

That's the way to deal with cases of driving (better put: choosing to
drive) with defective tyres, brakes or windscreen wipers: issue a summons.

Lamps are a different matter because they can fail at any moment and the
exact moment cannot be predicted. In effect, we all live with the risk
of a lamp failing and in the case of anything but a headlamp failing at
night, we might not even be aware of it until advised by a third party.
Either way, road-side repairs are often impractical anyway (headlamp
replacement these days sometimes feels as though both front wheels need
to be removed before even starting the process of getting at the
headlamp housings)
>
> Judge Rees said: “Your decision to leave the scene is hard to understand. Regrettably, the impression given to the deceased’s family is that you were fleeing the scene and showed callous disregard for his welfare.
> “You made no attempt to contact the police yourself.
> “The family have been devastated by the death. No sentence will serve to reconcile them to this loss or adequately reflect their grief and anger.
> “This was a serious failure to adjust to a natural, not uncommon, hazard of low sun. Given the width of the road, it is hard to understand why you failed to give Mr Jones a wide berth.
> “You did stop, but then left without giving adequate details of your identity.
> “Previous convictions for driving offences all point to a general disregard for road safety.”
> Besides the 12-month prison sentence, Bisi was also banned from driving for two years and has to pay a victim surcharge of £120.
> Causing death by careless driving carries a maximum penalty of five years' imprisonment, compared to 14 years for the more serious offence of causing death by dangerous driving.
> The imposition of a custodial sentence on Bisi for that lesser offence of causing death by careless driving in a case in which a cyclist is the victim is relatively uncommon in the light of other cases we have reported on.
> British Cycling and CTC, among other organisations, have been lobbying for the legal system to be more vigorous in investigating and prosecuting such cases, as well as in sentencing the guilty.

> Road safety charity Brake has urged the government to abolish careless driving offences and instead bring them within a redefined heading of dangerous driving, a call echoed last week at a House of Commons debate by Leeds North West MP, Greg Mulholland.

Idiots.

The offences are very different from each other. Almost everyone has the
occasional momentary lapse of concentration. It's part of being human
(hey... that might be why so many cyclists don't understand road use...).

But very few people ever drive dangerously, the definition of which
requires active deliberate or reckless actions, well below the standards
required for careless driving.

Can’t see the phrase ‘time trial’ (a road race by any other name) anywhere
in this report.

Is it relevant in some way?

(Another headline to add to August’s list)

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

> A South Wales man who claimed he had been blinded by the sun has been
> jailed for a year for causing the death of a cyclist through careless
> driving in August last year, with the judge who sentenced him saying he
> had failed "to adjust to a natural, not uncommon, hazard."
>
> Michael Bisi, aged 60 and a fitter from Ebbw Vale, was driving to work on
> the morning of 12 August 2013 when he knocked Paul Jones, also aged 60
> and travelling to work, from his mountain bike.
>
> Mr Jones, a grandfather of two from Markham, was run over by a Honda
> Civic that was following Bisi's vehicle and died of "blunt force
> injuries," reports the South Wales Argus (link is external).
>
> The fatal incident happened on an uphill stretch of the A472 Hafodyrynys
> Road near Crumlin at 7.20 in the morning.
>
> Cardiff Crown Court heard this week that both drivers stopped at the
> scene, but after 15 minutes Bisi, who according to a witness said at the
> scene, "I think I clipped him," resumed his journey to work.
>
> He left a piece of paper on which he had written his name and telephone
> number - the former mis-spelt, the latter with a digit missing.
>
> South Wales Police managed to trace Bisi but when they spoke to him that
> evening, he claimed he did not believe his vehicle had struck the
> cyclist, although he subsequently said he might have done due to marks on his car.
>
> The prosecution said that defects to its lights and tyres meant that
> Bisi's car would not have passed an MOT.
>
> Bisi pleaded guilty but in mitigation, Jeffrey Jones said that his client
> had been blinded by the sun for approximately 10 seconds and did not see Mr Jones.
>
> It was an argument that Recorder Eleri Rees referred to when handing down
> his sentence to Bisi, and it was also disclosed that the motorist had
> five previous convictions for driving while disqualified and uninsured.
>
> He had also been fined for illegally using a handheld mobile phone while
> driving, as well as for driving with defective tyres.
>
> Judge Rees said: “Your decision to leave the scene is hard to understand.
> Regrettably, the impression given to the deceased’s family is that you
> were fleeing the scene and showed callous disregard for his welfare.
>
> “You made no attempt to contact the police yourself.
>
> “The family have been devastated by the death. No sentence will serve to
> reconcile them to this loss or adequately reflect their grief and anger.
>
> “This was a serious failure to adjust to a natural, not uncommon, hazard
> of low sun. Given the width of the road, it is hard to understand why you
> failed to give Mr Jones a wide berth.
>
> “You did stop, but then left without giving adequate details of your identity.
>
> “Previous convictions for driving offences all point to a general
> disregard for road safety.”
>
> Besides the 12-month prison sentence, Bisi was also banned from driving
> for two years and has to pay a victim surcharge of £120.
>
> Causing death by careless driving carries a maximum penalty of five
> years' imprisonment, compared to 14 years for the more serious offence of
> causing death by dangerous driving.
>
> The imposition of a custodial sentence on Bisi for that lesser offence of
> causing death by careless driving in a case in which a cyclist is the
> victim is relatively uncommon in the light of other cases we have reported on.
>
> British Cycling and CTC, among other organisations, have been lobbying
> for the legal system to be more vigorous in investigating and prosecuting
> such cases, as well as in sentencing the guilty.
>
> Road safety charity Brake has urged the government to abolish careless
> driving offences and instead bring them within a redefined heading of
> dangerous driving, a call echoed last week at a House of Commons debate
> by Leeds North West MP, Greg Mulholland.
>

--
Spike

A 31-year-old man has been sentenced to five years imprisonment in connection with a fatal collision in Bury St Edmunds, which occurred over two years ago.

Alexander Martin, of Tulyar Walk in Newmarket, appeared before Ipswich Crown Court today, Thursday 3 August, where he was sentenced to five years in prison with a requirement to serve a minimum of two and a half years in jail.. Martin was also disqualified from driving for five and a half years and will be required to pass a new driving test.

Martin had denied the offence of causing death by dangerous driving but was found guilty on Tuesday 20 June, following a seven-day trial.

The collision occurred at around 6pm on Monday 12 April 2021, when a Nissan Qashqai driven by Martin was involved in a collision with a bicycle in Newmarket Road, Bury St Edmunds.

The cyclist suffered serious injuries and died at the scene. He was later identified as Stephen Lawrence, aged 65, from Risby.

The court heard that Mr Lawrence was wearing orange high-visibility clothing and should have been clear to see by other road users. The weather conditions were also fine and dry.

Martin’s vehicle collided with the rear of the bicycle, throwing Mr Lawrence into the air and causing him to hit the windscreen of the Qashqai, before landing in the road. The Qashqai came to a stop approximately 70 metres from where Mr Lawrence was found, with the bike wedged under the front of the car.

Just prior to the collision, Martin had stopped at a nearby filling station and had been seen looking down at something as he left the forecourt. Analysis of his mobile phone found that he had sent a message 34 seconds at most before the 999 call was made in respect of the collision.

Following an inspection of the Nissan Qashqai, it was found to have a broken windscreen wiper on the driver’s side and a dirty unsafe windscreen.

Martin denied sending a message just seconds before the collision, disputing the accuracy of the data. He said the reason he hadn’t seen Mr Lawrence was that he was blinded by the glare of the sun.

However, the jury dismissed Martin’s version of events finding him guilty by a unanimous decision.

Sergeant Mark Bassett, of the Serious Collision Investigation Unit, said: “This was a tragic and completely avoidable collision, which has resulted in a loving family having a husband, father and grandfather torn away from them.

“The phone data analysis proved that Alexander Martin sent a message just prior to or at the time of the collision and we are in no doubt that the distraction caused by his phone – combined with the dirty windscreen – are the reasons why he failed to see Mr Lawrence.

“Martin has failed to show any true remorse for his actions and the devastating impact they have caused and I hope that his conviction and today’s sentence brings some comfort to Mr Lawrence’s family.

“We regularly run campaigns regarding the risks of driving and using a mobile phone because it is extremely dangerous and results in numerous collisions, some of which – as in this case – have fatal consequences.”

On 13/08/2023 04:43 pm, swldx...@gmail.com wrote:
> A 31-year-old man has been sentenced to five years imprisonment in connection with a fatal collision in Bury St Edmunds, which occurred over two years ago.
>
> Alexander Martin, of Tulyar Walk in Newmarket, appeared before Ipswich Crown Court today, Thursday 3 August, where he was sentenced to five years in prison with a requirement to serve a minimum of two and a half years in jail. Martin was also disqualified from driving for five and a half years and will be required to pass a new driving test.
>
> Martin had denied the offence of causing death by dangerous driving but was found guilty on Tuesday 20 June, following a seven-day trial.
>
> The collision occurred at around 6pm on Monday 12 April 2021, when a Nissan Qashqai driven by Martin was involved in a collision with a bicycle in Newmarket Road, Bury St Edmunds.
>
> The cyclist suffered serious injuries and died at the scene. He was later identified as Stephen Lawrence, aged 65, from Risby.
>
> The court heard that Mr Lawrence was wearing orange high-visibility clothing and should have been clear to see by other road users. The weather conditions were also fine and dry.
>
> Martin’s vehicle collided with the rear of the bicycle, throwing Mr Lawrence into the air and causing him to hit the windscreen of the Qashqai, before landing in the road. The Qashqai came to a stop approximately 70 metres from where Mr Lawrence was found, with the bike wedged under the front of the car.
>
> Just prior to the collision, Martin had stopped at a nearby filling station and had been seen looking down at something as he left the forecourt. Analysis of his mobile phone found that he had sent a message 34 seconds at most before the 999 call was made in respect of the collision.
>
> Following an inspection of the Nissan Qashqai, it was found to have a broken windscreen wiper on the driver’s side and a dirty unsafe windscreen.

"...a BROKEN WINDSCREEN WIPER..."!

Dangerous driving indeed.

Do we know anyone else who...?

> Martin denied sending a message just seconds before the collision, disputing the accuracy of the data. He said the reason he hadn’t seen Mr Lawrence was that he was blinded by the glare of the sun.
>
> However, the jury dismissed Martin’s version of events finding him guilty by a unanimous decision.
>
> Sergeant Mark Bassett, of the Serious Collision Investigation Unit, said: “This was a tragic and completely avoidable collision, which has resulted in a loving family having a husband, father and grandfather torn away from them.
>
> “The phone data analysis proved that Alexander Martin sent a message just prior to or at the time of the collision and we are in no doubt that the distraction caused by his phone – combined with the dirty windscreen – are the reasons why he failed to see Mr Lawrence.
>
> “Martin has failed to show any true remorse for his actions and the devastating impact they have caused and I hope that his conviction and today’s sentence brings some comfort to Mr Lawrence’s family.
>
> “We regularly run campaigns regarding the risks of driving and using a mobile phone because it is extremely dangerous and results in numerous collisions, some of which – as in this case – have fatal consequences.”
>

A PENSIONER who knocked over and killed a pedestrian in Jaywick has been found guilty of causing death by careless driving.

Alan Baker, 74, of Brooklands, Jaywick, had denied being responsible for the death of Terrance Watson, 55, in July 2013 but was convicted by a jury at Chelmsford Crown Court this afternoon.

Baker claimed he had been blinded by the sun when the accident happened.

He will be sentenced next month.