S59 and due care and attention...
S59 and due care and attention...
Author
Discussion

BrettMRC

Original Poster:

5,378 posts

181 months

Wednesday
quotequote all
What are the learned PH members thoughts on the scenario below?

My friend, (yes really hehe ) was recently driving on the A127.
From the right hand lane he indicated to move over to the left hand lane. The vehicle behind and to the left flashed it's headlights and my friend moved to the left lane. At this point the vehicle that had flashed began flashing it's lights repeatedly and beeping it's horn, as well as weaving in the lane behind my friends car.
This continued for several seconds until my friend signalled left again for the next exit, he then gave the car behind the middle finger before pulling off at the exit. At this point the vehicle behind turned on blue lights and sirens, before following my friend and bringing him to halt.

The driver stated he was police and that my friends driving was erratic, and couldn't believe he was so disrespectful as to give a policeman the middle finger!

The police officer was not in uniform and provided no ID. (Although my friend didn't ask for proof of ID) The car was unmarked and appeared to have no video recording equipment. The officer reported my friend for careless driving and issued him with a S59 notice.

A week later a letter was sent to my friend from Essex police giving him the option to take a course, or pay a penalty and receive 3 points, or request a court hearing.

Gut feeling is that because he gave the middle finger there is no point contesting it, just do the course and move on...BUT the S59 feels like the officer trying to prove a point and seems disproportionate?

I think he should make a complaint, especially as the officer told him "You're lucky I'm not a guy with a machete..."

Friend is late 20s, has no previous issues or convictions. He was taking his wife to a hospital appointment and is technically disabled himself.

Anyway... over to you smile

Edit - titles wrong and can't change it...

t.boydy

248 posts

83 months

Wednesday
quotequote all
Do the course and move on.

No relevence to the incident regarding hospital or disabled… save those comments for mums net

dan98

968 posts

134 months

Wednesday
quotequote all
I suspect there's a few key details missing from this story.
Perhaps he did something a bit sketchy in one of his manoeuvres, followed by some reactionary nonsense after being flashed.

Anyway might as well just suck it up and take something from the experience.

John D.

19,898 posts

230 months

Wednesday
quotequote all
Yeah, he chopped the nose off the coppers car moving into the left lane.

vaud

57,126 posts

176 months

Wednesday
quotequote all
You don’t get points/course for a S59, that will be the other offence.

Generally and without seeing footage he might need to drive more defensively and avoid sticking fingers up at people.

Chill, slow down, put some music on and relax for 5 mins.

LuS1fer

43,075 posts

266 months

Wednesday
quotequote all
Flashing your headlights is not an invitation, it means "I am here" and nothing else so a warning flash has been misunderstood because you haven't read the Highway Code.

Do the course.

davek_964

10,524 posts

196 months

Wednesday
quotequote all
BrettMRC said:
I think he should make a complaint, especially as the officer told him "You're lucky I'm not a guy with a machete..."
That hardly seems a reason for a complaint. Road rage is very much a thing, and sticking a finger up at another driver would undoubtedly trigger some people.
Your friend needs to understand the meaning rather than just the words the officer used.

vaud

57,126 posts

176 months

Wednesday
quotequote all
davek_964 said:
That hardly seems a reason for a complaint. Road rage is very much a thing, and sticking a finger up at another driver would undoubtedly trigger some people.
Your friend needs to understand the meaning rather than just the words the officer used.
Agreed, I think the officer was trying to show a worse case scenario where the guy he had just insulted was not an officer, but a steroid fuelled loony with a crowbar, etc

LosingGrip

8,565 posts

180 months

Wednesday
quotequote all
BrettMRC said:
What are the learned PH members thoughts on the scenario below?

My friend, (yes really hehe ) was recently driving on the A127.
From the right hand lane he indicated to move over to the left hand lane. The vehicle behind and to the left flashed it's headlights and my friend moved to the left lane. At this point the vehicle that had flashed began flashing it's lights repeatedly and beeping it's horn, as well as weaving in the lane behind my friends car.
This continued for several seconds until my friend signalled left again for the next exit, he then gave the car behind the middle finger before pulling off at the exit. At this point the vehicle behind turned on blue lights and sirens, before following my friend and bringing him to halt.

The driver stated he was police and that my friends driving was erratic, and couldn't believe he was so disrespectful as to give a policeman the middle finger!

The police officer was not in uniform and provided no ID. (Although my friend didn't ask for proof of ID) The car was unmarked and appeared to have no video recording equipment. The officer reported my friend for careless driving and issued him with a S59 notice.

A week later a letter was sent to my friend from Essex police giving him the option to take a course, or pay a penalty and receive 3 points, or request a court hearing.

Gut feeling is that because he gave the middle finger there is no point contesting it, just do the course and move on...BUT the S59 feels like the officer trying to prove a point and seems disproportionate?

I think he should make a complaint, especially as the officer told him "You're lucky I'm not a guy with a machete..."

Friend is late 20s, has no previous issues or convictions. He was taking his wife to a hospital appointment and is technically disabled himself.

Anyway... over to you smile

Edit - titles wrong and can't change it...
Sounds like your friend has taken the headlight flash as 'come across' rather than as it is should be taken 'Im here' and cut them up?

The middle part of the police swerving around doesnt sound right personally.

Is it worthy of a ticket? The fact the ticket office have processed it, could be.

My force will send the statement if you request it. Others may do the same.

What would the complaint be for? Its a fair comment. You dont know who is behind you.

Just because someone is disabled doesnt mean they get a hall pass for things (apart from parking...).

Section 59 wont mean anything unless he makes a habit of driving carelessly.

Sebring440

3,000 posts

117 months

Wednesday
quotequote all
BrettMRC said:
The police officer was not in uniform and provided no ID...
But clearly, he was a police officer as "your friend" received the letter from Essex Police.

And you think you (sorry, "your friend") should make a complaint. Is he special, or something?

Simpo Two

90,690 posts

286 months

Wednesday
quotequote all
LosingGrip said:
Sounds like your friend has taken the headlight flash as 'come across' rather than as it is should be taken 'Im here' and cut them up?
I thought headlight flashes were frowned on by the highway code for exactly that reason - they're ambiguous. Or have the rules changed?

fooman

770 posts

85 months

Wednesday
quotequote all
Simpo Two said:
LosingGrip said:
Sounds like your friend has taken the headlight flash as 'come across' rather than as it is should be taken 'Im here' and cut them up?
I thought headlight flashes were frowned on by the highway code for exactly that reason - they're ambiguous. Or have the rules changed?
Not frowned on but can equally mean I'm coming through as I'm letting in.

Cat

3,130 posts

290 months

Wednesday
quotequote all
fooman said:
Simpo Two said:
LosingGrip said:
Sounds like your friend has taken the headlight flash as 'come across' rather than as it is should be taken 'Im here' and cut them up?
I thought headlight flashes were frowned on by the highway code for exactly that reason - they're ambiguous. Or have the rules changed?
Not frowned on but can equally mean I'm coming through as I'm letting in.
The Highway Code is not ambiguous about what a headlight flash means. The misuse of headlight flashes by many drivers can lead to confusion.

Highway Code said:
Rule 110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

Rule 111
Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.
Cat

fttm

4,264 posts

156 months

Yesterday (01:17)
quotequote all
Do the course and move on . DWUCAA is hard to fight and relatively easy to prove, no point trying to fight it tbh .

kestral

2,089 posts

228 months

Yesterday (01:34)
quotequote all
A police officer not in uniform in a Traffic car equiped with blues and twos. Eh!

He would have no power to stop any vehicles at all!

What is it that makes the grass grow in Texas.hehe

BrettMRC

Original Poster:

5,378 posts

181 months

Yesterday (01:43)
quotequote all
Thanks all, I'll let him know he's a ! hehe


Hugo Stiglitz

40,328 posts

232 months

Yesterday (05:09)
quotequote all
Did he brake check the police car?

paul_c123

1,530 posts

14 months

Yesterday (05:15)
quotequote all
Sounds like a middle-lane hogger, or worse still an outer lane hogger. He ought to take the course, because of course as we all know on PH, being beaten by a machete to within an inch of his life is the appropriate and proportional punishment for a lane hogger.

Ian Geary

5,301 posts

213 months

Yesterday (07:07)
quotequote all
It sounds more marginal to me.

Yes we all know what the highway code says about headlight flashes, but to pretty much everyone, how they are actually used is commonly a signal to give consent (or to thank someone for giving way)

Try and argue? Sure but you won't convince me.

I have *never* seen a headlight flash used as a "i am here!" signal to discourage a car indicating into a space in front - the horn would be far more suitable for that. I've done the headlight flash to get a car in front out of the way, but again. - I would never dream of using it to try and tell a car not to merge in front of me.

So the first question is why did the cop not just lift off and let the car in?

Second, the continued flashing and swerving - op's friend needs a front / rear dash cam.

Without coming across all conspiracy, there's a reason police behaviour standards have been revealed to be far lower (in some cases) that people would expect. And that reason is that their behaviour is being recorded more.

Cops are on film actively trying to prevent people filming them, so this is well understood by them.


The finger? Pft. I've heard police swear like a docker at the public. They need to be big enough to take a mild rebuke, especially if they have been flashing their lights.
Is the s59 for the finger then? Lame, if so.


Without a camera it's just he said / she said, and the magistrate will 100% side with the police.

The course I went on wasn't awful, but not as good as it should have been.


A complaint would be for the coppers behaviour of letting a car in (ie the common understood meaning of a flash) and then the erratic behaviour after

GasEngineer

1,969 posts

83 months

Yesterday (08:07)
quotequote all
Ian Geary said:
A complaint would be for the coppers behaviour of letting a car in (ie the common understood meaning of a flash) ..
You mean the commonly misunderstood meaning of a flash..