She must have been trolleyed.
classic , i hope the trolly was put on a charge too
Edited by zookeeper on 15/01/2009 at 20:34
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Can she really be 'done' for this?
An acquaintance regularly cycles home from the pub and maintains the maximum penalty for being 'drunk in charge of a pushbike' (apart from the obvious Darwin award) is a fifty pound fine.
It seems to be a bar room myth that you can lose your licence for being drunk on a bike - at least no-one's been able to prove it. Unless the BR know otherwise?
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is it something to do with the mechanics of the vehicle, as in electricly powered..my BIL got banned for drink driving but still drove a forklift truck on private and public roads
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Can she really be 'done' for this?
It seems so. I'm not at all sure I agree with it, though. Perhaps someone will give chapter & verse.
It seems to be a bar room myth that you can lose your licence for being drunk on a bike - at least no-one's been able to prove it. Unless the BR know otherwise?
You cannot, AFAIK. You are not required to give a breath sample, either, but should you give one, it could be used as some sort of evidence - the BAC for driving does not appply, though, so it's all a bit woolly. The maximum fine's a bit steep, thogh - one kilo-pound.
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Surely she should be done for anti social behaviour and TWOC but I can;t see how she can be done for drink driving the CPS should use their common sense in this case.
All the old people do it at my local wetherspoons you see them with their electric scooters parking out side the pub then they come out after 10 pints and 6 whiskeys and attempt to tdrive their scooter at 2.4mph in a 30.
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"CPS" and "Common Sense" - words rarely seen in the same sentence!
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>I can't see how she can be done for drink driving ...
That might depend on whether she did something daft and caused an accident. Does anyone know the range of these things? Could she have done the 10 miles anyway? And it would have been quicker to walk ...
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credit crunch really biting up there
twocing a supermarket scooter?
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Yep it was taken of the premises without ASDA's concent, surely that is a clear case of TWOC? I know people have been done for twoc of shopping trolleys in the past, and I am not talking about the Nissan Micra type.
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I know people have been done for twoc of shopping trolleys
Really? please give details (names not needed, of course).
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Well the offense is not called taking without owners consent, but I have read stories in the past about supermarkets prosecuting people for steeling trolleys and rightly so, they cost £100 each.
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The offence known as TWOCing (which is probably a Police abbreviation in origin) is defined in law as Taking a Conveyance - its wider than nicking a car, it can include "borrowing" a boat to get home across a harbour. Its one of those beautifully crafted bits of legislation when legislators could actually string words together properly. Stood the test of time it has.
Theft Act 1968
Have a read and enjoy the craftsmanship.
tinyurl.com/8yqj7b
You can almost smell the leather and wood.
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Yes, lovely stuff indeed. You can imagine the draftsman commuting in from somewhere like Esher, taking his time over it, and spending week-ends polishing his elderly but much-loved Rover 90.
Thinking of the original post which begat these thoughts - have you noticed how often these eccentricities seem to happenn in the Manchester area? I draw no conclusions.....
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It may be probably due to news reporting in what probably is a very Mancicentric newspaper. Good paper that !
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Mancicentric - what a lovely word, worthy of the Rover-driving legislator methinks. Now what would one call a paper based in Eccles.....?
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one call a paper based in Eccles.....?
I'd go for Ecletic or Currant Bun
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Its one of those beautifully crafted bits of legislation when legislators could actually string >> words together properly. Stood the test of time it has.
Approve Yoda would? Yes. Mmmmm.
:-P
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Road Traffic Acct 1988
Sec 4. Driving, or being in charge, when under influence of drink or drugs
(1) A person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
Sec 5. Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit
(1) If a person?
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
No mention in either of a Mechanically Propelled Vehicle (MPV) which I would have thought the scooter would be classed as rather than a Motor Vehicle which has a narrower meaning. ie Constructed or Adapted for use on the road.
I was under the impression that section 5 covered MPVs.???
Edited by Fullchat on 15/01/2009 at 22:27
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That's what I thought as well - but thought that I'd missed a recent tweak to the legislation to allow the cops to do that one. Definitely an MPV struggle to prove Motor Vehicle though.
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Soz I meant Sec 4 Covering MPVs.
Offence wording lifted from the OPSI website.
Edited by Fullchat on 15/01/2009 at 22:55
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What does this mean?
" except that it does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it, and ?drive? shall be construed accordingly"
Fine prose incidentally.
Edited by drbe on 16/01/2009 at 08:55
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One of those old electric milk floats with a steering handle operated by the milky walking in front of it?
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Can you be done for drunk driving when in charge of a pushmower on a public verge?
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How can you be banned from driving something that does not require a licence anyway?
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It might not need a licence when driven around the store or car park. But she was driving it on the road therefore I guess she did need a licence?
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But disability scooters don't (at present) require a driving licence. Indeed they are often used by elderly people for the very reason that they have lost their driving licence.
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Years ago I was strongly advised by a policeman I know, not to admit to having a driving licence if I was stopped for drunk in charge of a bicycle. Never was, and I don't drink and cycle these days.
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Having read the report it seems to indicate that she was driving the thing actually on the road... so thats probably why she was banned, at best something that only does 2.4mph should be on a pavement?! Also twice over the limit and she had stolen it... obviously the drink causing it, but I think the punishment was appropriate... and so does she, apparantly!
BTW with regard to range of the scooters, the normal ones (as opposed to the Asda shopping one) have a range of 8 miles upwards dependant on the size... and I think that they should also be "registered" in some way, though I'm not sure how... certainly they should be insured the way some of the old dears drive them!!
Edited by b308 on 16/01/2009 at 15:51
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She was never likely to make her destination unless she recharged it on the way.
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This one taking cover of DPA!!!. I think there should be some 3rd party insurance in force for these powered scooters but I am sure there is no compulsion on drivers to take out cover.
tinyurl.com/8o2e9f
Phil I
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There isn't, but the instructions with new ones recommend that you do!
There are also no formal tests (like the cycling one), no eyesight tests so you could could be virtually blind and still use one... and it seems no common sense when you buy one... as I observed when I drove down a busy B road locally and came across one being driven down the middle (yes middle!) of the road at its top speed of 8mph!
I wonder how long it will be before some sort of "regulation" takes place... or we have someone killed?
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prosecuting people for steeling trolleys and rightly so they cost £100 each.
In recall one night a pair of drunken bums pushing each other up the road in a shopping trolley.
Plod stopped, and explained that they were NOT supposed to be doing this, and they were advised to push the trolley back to the shopping centre where they'd found it... abou 1.5 miles down the road.
To encourage them in their civil duty, they hancuffed the pair to the trolley, and said they'd see them at the shopping centre to unlock them in an hour. After that, they let the lads go - so that was a long walk up the road, a long walk back, and then a long walk back to the site of the original 'arrest'.
Was quite a chilly night as well, as I recall...
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>>came across one being driven down the middle (yes middle!) of the road at its top speed of 8mph!
There were (are?) three classes of these machines IIRC from investigating them for my now late Ma-in-law:
1. Pavement use only. restricted to 4 MPH.
2. Pavement use, restricted to 4 MPH, and road use switchable to max 8 MPH but must have lights. NOT to be used on pavements at 8 MPH.
3. I think this class referred to powered wheelchairs.
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Ma-in-law had a class 1 and on one occasion early on went to a hospital appointment about three miles away. She spent nearly an hour getting there and had to look forward to the return journey. There was no-one available with the vehicle and expertise to dismantle the machine to get her home, so she just had to put up with the return trip. The batteries coped easily, she didn't. She never attempted such a trip again. Can you imagine sitting there on a cold day for nearly an hour?
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It was one the level 2 ones... he drove down the centre of the road and then round a roundabout... and yes there were pavements withg dropped curves... it was just pure stupidity... I believe someone reported him and the Plod had words...
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