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Driver believed cyclist run over by another motorist was “a black bin bag



 
 
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  #1  
Old February 18th 21, 07:37 PM posted to uk.rec.cycling
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Default Driver believed cyclist run over by another motorist was “a black bin bag

A ​court in Scotland has heard that a driver who saw a cyclist who had fallen off his bike was “a black bin bag” just before the rider was run over by another motorist.

Post Office worker William Hicks, aged 39, admitted careless driving at Glasgow Sheriff Court in connection with the incident on 6 February 2019 on Fulton Street in the Glasgow district of Anniesland, reports the Daily Record (link is external).

The victim, Brian Shields, spent three weeks in hospital after sustaining multiple injuries when Hicks ran him over in his Volvo.

Mark Allan, prosecuting, said: “He failed to see Mr Shields lying on the road and drove over him.

“Mr Shield’s body passed underneath Hicks’ car. He then stopped after the collision.”

Describing Mr Shields’ injuries, he added: “He sustained a number of fractures on his vertebrae, bruised ribs and cuts and was released from hospital after 20 days.”

Paul Nelson, representing Hicks, said: “The driver on the opposite side of the road suspected Mr Shields was a black bin bag, but it turned out to be a person.

“No one thought it was a human being,” he added.

Sentencing Hicks, Sheriff Alan MacKenzie said: “There was someone on the road and you drove over that person.

“I recognise it wasn’t obvious to you or anyone there he was a human being.”

Hicks was fined £715 and had his driving licence endorsed with eight penalty points.

https://road.cc/content/news/driver-...bin-bag-280987
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  #2  
Old February 18th 21, 10:21 PM posted to uk.rec.cycling
JNugent[_13_]
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Default Driver believed cyclist run over by another motorist was “a black bin bag

On 18/02/2021 06:37 pm, wrote:

A ​court in Scotland has heard that a driver who saw a cyclist who had fallen off his bike was “a black bin bag” just before the rider was run over by another motorist.


EH?

Ah yes... the (at best) semi-literate road.cc is at it again.

Let's just examine that sentence again...

[a court has] heard that a driver [snip subordinate clause] was a "black
bin bag" just before [something]

IOW, the court was told that a driver was a black bin bag.

That's what it says.

It would make alternative sense (just) if the the words "believed that
the cyclist was" were inserted after "bike" and before "was", making the
sentence at least grammatical:

"A ​court in Scotland has heard that a driver who saw a cyclist who had
fallen off his bike [believed that the cyclist] was “a black bin bag”
just before the rider was run over by another motorist.

Post Office worker William Hicks, aged 39, admitted careless driving at Glasgow Sheriff Court in connection with the incident on 6 February 2019 on Fulton Street in the Glasgow district of Anniesland, reports the Daily Record (link is external).

The victim, Brian Shields, spent three weeks in hospital after sustaining multiple injuries when Hicks ran him over in his Volvo.

Mark Allan, prosecuting, said: “He failed to see Mr Shields lying on the road and drove over him.

“Mr Shield’s body passed underneath Hicks’ car. He then stopped after the collision.”

Describing Mr Shields’ injuries, he added: “He sustained a number of fractures on his vertebrae, bruised ribs and cuts and was released from hospital after 20 days.”

Paul Nelson, representing Hicks, said: “The driver on the opposite side of the road suspected Mr Shields was a black bin bag, but it turned out to be a person.

“No one thought it was a human being,” he added.

Sentencing Hicks, Sheriff Alan MacKenzie said: “There was someone on the road and you drove over that person.

“I recognise it wasn’t obvious to you or anyone there he was a human being.”

Hicks was fined £715 and had his driving licence endorsed with eight penalty points.

https://road.cc/content/news/driver-...bin-bag-280987


“No one thought it was a human being”, the court heard. Reading between
the lines, the other driver presumably supported that.

And if that is the case, running over a supposed black bin bag must
count as careless driving in Scotland. Mind you, I agree that most of us
try to avoid them because you never know what's inside.

But wouldn't it make sense for road.cc to employ someone with a GCSE in
English?

  #3  
Old February 18th 21, 10:54 PM posted to uk.rec.cycling
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Default Driver believed cyclist run over by another motorist was “a black bin bag

On Thursday, February 18, 2021 at 6:37:09 PM UTC, wrote:
Stephan Matthiesen | 99 posts | 11 hours ago
2 likes

How does this fit with rule 126 "Drive at a speed that will allow you to stop well within the distance you can see to be clear."?

Doesn't this automatically imply if you drive over something that you couldn't identify correctly as being safe, then you were going too fast for the conditions.

QUITE SO.

https://road.cc/content/news/driver-...bin-bag-280987

  #4  
Old February 19th 21, 01:05 AM posted to uk.rec.cycling
JNugent[_13_]
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Posts: 250
Default Driver believed cyclist run over by another motorist was “a black bin bag

On 18/02/2021 09:54 pm, wrote:

wrote:
Stephan Matthiesen | 99 posts | 11 hours ago


2 likes

How does this fit with rule 126 "Drive at a speed that will allow you to stop well within the distance you can see to be clear."?

Doesn't this automatically imply if you drive over something that you couldn't identify correctly as being safe, then you were going too fast for the conditions.

QUITE SO.

https://road.cc/content/news/driver-...bin-bag-280987


There is no law to the effect that you can't drive over a black bin bag
(however inadvisable one might assume it to be).

HTH.

PS: Congratulations on the length of time your self-written Google
Groups message filter has been "working" for.



  #5  
Old February 19th 21, 07:04 PM posted to uk.rec.cycling
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Default Driver believed cyclist run over by another motorist was “a black bin bag

On Thursday, February 18, 2021 at 9:54:32 PM UTC, wrote:
sensei | 20 posts | 2 days ago
3 likes

The key detail missing from this report is what time the incident happened, why has that been left out of the report? If this was during the day then there was no permissible defence whatsoever and a more serious charge should have been brought against the offender. If it happened at night, it does still not provide a fair defence as you drive according to the conditions, but it saves the justice system looking like a complete joke.

As others have stated, the victim will suffer the consequences of their injuries probably for the rest of their life, whereas the offender suffers some short term inconveniences, not fair justice in my opinion.


  #6  
Old February 19th 21, 08:42 PM posted to uk.rec.cycling
JNugent[_13_]
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Posts: 250
Default Driver believed cyclist run over by another motorist was “a black bin bag

On 19/02/2021 06:04 pm, wrote:

On Thursday, February 18, 2021 at 9:54:32 PM UTC, wrote:


sensei | 20 posts | 2 days ago
3 likes

The key detail missing from this report is what time the incident happened, why has that been left out of the report? If this was during the day then there was no permissible defence whatsoever and a more serious charge should have been brought against the offender. If it happened at night, it does still not provide a fair defence as you drive according to the conditions, but it saves the justice system looking like a complete joke.

As others have stated, the victim will suffer the consequences of their injuries probably for the rest of their life, whereas the offender suffers some short term inconveniences, not fair justice in my opinion.


When was driving over what appears to be a black bin bag made an offence?

PS: Congratulations on the longevity of your self-written Google Groups
message filter. It's working just as well as it ever did.
  #7  
Old February 19th 21, 09:16 PM posted to uk.rec.cycling
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Posts: 542
Default Driver believed cyclist run over by another motorist was “a black bin bag

On Friday, February 19, 2021 at 6:04:52 PM UTC, wrote:
On Thursday, February 18, 2021 at 9:54:32 PM UTC, wrote:
sensei | 20 posts | 2 days ago
3 likes

The key detail missing from this report is what time the incident happened, why has that been left out of the report? If this was during the day then there was no permissible defence whatsoever and a more serious charge should have been brought against the offender. If it happened at night, it does still not provide a fair defence as you drive according to the conditions, but it saves the justice system looking like a complete joke.

As others have stated, the victim will suffer the consequences of their injuries probably for the rest of their life, whereas the offender suffers some short term inconveniences, not fair justice in my opinion.


QUOTE:
Hicks was fined £715 and had his driving licence endorsed with eight penalty points.
ENDS

If he is caught on his phone, he will get a ban, hopefully.
  #8  
Old February 19th 21, 09:28 PM posted to uk.rec.cycling
JNugent[_13_]
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Posts: 250
Default Driver believed cyclist run over by another motorist was “a black bin bag

On 19/02/2021 08:16 pm, wrote:

On Friday, February 19, 2021 at 6:04:52 PM UTC, wrote:
On Thursday, February 18, 2021 at 9:54:32 PM UTC, wrote:
sensei | 20 posts | 2 days ago
3 likes

The key detail missing from this report is what time the incident happened, why has that been left out of the report? If this was during the day then there was no permissible defence whatsoever and a more serious charge should have been brought against the offender. If it happened at night, it does still not provide a fair defence as you drive according to the conditions, but it saves the justice system looking like a complete joke.

As others have stated, the victim will suffer the consequences of their injuries probably for the rest of their life, whereas the offender suffers some short term inconveniences, not fair justice in my opinion.


QUOTE:
Hicks was fined £715 and had his driving licence endorsed with eight penalty points.
ENDS

If he is caught on his phone, he will get a ban, hopefully.


Your message filter might have developed a fault.

I'd check it if I were you.
 




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