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#441 |
Penultimate Amazing
Join Date: Dec 2006
Location: US of A
Posts: 16,613
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#442 |
Penultimate Amazing
Join Date: Aug 2007
Location: The Antimemetics Division
Posts: 64,241
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Counterpoint: The more rules you have, the more criminals you create. At a certain point, the burden of keeping track of all the fiddly little rules becomes unsupportable to the average citizen. Criminalizing every little deviation from the norm, from "optimal" society, isn't the answer.
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#443 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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Highway code :
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As to actual rules? Who the blazes is going to enforce a rule if anyone was daft enough to write one? It's bad enough trying to get the existing rules enforced. |
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#444 |
Penultimate Amazing
Join Date: May 2006
Posts: 19,863
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Sidewalks are generally not appropriate for cyclists because they are risky to the cyclists. Nobody pulling out of their driveway stops at the sidewalk, they stop at the curb. I will cycle on minor roads all the time, and on busier roads if there is a bike lane (fortunately my city has hundreds of miles of them). In this case it looks like a very busy road with tight lanes, cars going at high speeds and no bike lane. I would never ride in the roadbed in that situation, and I doubt any 76-year old lady would either.
I will also cycle on the sidewalk if there is no other good option, but with extra care, especially if I am approaching a pedestrian from either direction. From behind I will wait for a good passing opportunity and slow down to stay a good 20 feet behind them. If I am approaching them from the front, they usually have the common sense to move over, but I am quite willing to dismount and wait until we have passed to start riding. That's on the cyclist; given her age I doubt she was riding at any kind of speed so she had time to stop the bike and hop off. But that doesn't let the pedestrian off the hook. |
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#445 |
In the Peanut Gallery
Join Date: Jan 2007
Location: Melbourne
Posts: 53,364
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Really? Rules only mean something if they are enforced? You must live in a strange part of the world. I mean, this is seriously funny.
Rules in places like shared pathways are for the guidance of citizens. For “rules” you might want think “guidelines for considerate behaviour”, and, where I live at least, they are usually followed. I just don’t get this. Are you one of those “I’m a free person and I choose not to follow your rules” types? Do rules like this really upset you? Because my observation is that on shared paths, roads and countless other places people follow rules because it is a civil thing to do. But I suppose some people get off acting uncivilly. |
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A fanatic is one who can't change his mind and won't change the subject. Sir Winston Churchill |
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#446 |
In the Peanut Gallery
Join Date: Jan 2007
Location: Melbourne
Posts: 53,364
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A fanatic is one who can't change his mind and won't change the subject. Sir Winston Churchill |
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#447 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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#448 |
In the Peanut Gallery
Join Date: Jan 2007
Location: Melbourne
Posts: 53,364
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What an ignorant post. Never heard of byelaws? They are made by councils, or even (gasp) private companies. They are not statutes but are indeed enforceable.
But guess what? They are not enforced because sensible people obey them. The pedestrian in question here is not sensible and is paying the cost. |
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A fanatic is one who can't change his mind and won't change the subject. Sir Winston Churchill |
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#449 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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What an arrogant post. Of course I've heard of byelaws, did you really expect me to detail every means by which a rule can be enacted that is enforceable by a penalty? (But you used statute!!!11) Big deal.
Are you telling me that Australia has an enforceable rule that pedestrians must use one side of a footway? If not, why on earth are you quibbling? |
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#450 |
Penultimate Amazing
Join Date: Dec 2006
Location: US of A
Posts: 16,613
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Does "sidewalk" have a unique definition in Australia? It appears that what the UK calls "the pavement" is what's generally known elsewhere as the sidewalk. And this incident happened on "the pavement."
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#451 |
In the Peanut Gallery
Join Date: Jan 2007
Location: Melbourne
Posts: 53,364
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A fanatic is one who can't change his mind and won't change the subject. Sir Winston Churchill |
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#452 |
Penultimate Amazing
Join Date: Dec 2006
Location: US of A
Posts: 16,613
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Now you're really reaching. A pavement/sidewalk can be designated as a shared-use path. They are not different things. And in this particular case, no evidence was presented that this "pavement" was a shared-use path.
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#453 |
Graduate Poster
Join Date: Oct 2004
Posts: 1,185
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#454 |
Loggerheaded, earth-vexing fustilarian
Join Date: Sep 2006
Location: Wales
Posts: 29,687
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I find that a little odd. Upthread a poster looked down the road in the direction the cyclist had come from and found a shared-use sign, with no negating sign along the way. I would have thought that once it's designated as shared-use it stays that way by default.
Here it is in 2018 - |
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#455 |
Penultimate Amazing
Join Date: Aug 2016
Location: In the Troll Ignoring Section
Posts: 22,522
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From this side of the pond, it sounds like no one really gives a **** where exactly bikes are supposed to be, and don't even bother with clearly identifying shared pavements. Maybe they expect that pedestrians won't be flaming douche canoes and cause deaths over sharing a pavement with an old lady on a bike?
Are cyclists going to become the UK version of US gun killings? For every guy who shoots someone for texting in a movie theatre in the States, are you guys going to shove a bike off the sidewalk and into traffic? For every mass shooting we have, are you going to like drive over a peleton? |
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"Whenever you find yourself on the side of the majority, it is time to pause and reflect" -Mark Twain "Half of what he said meant something else, and the other half didn't mean anything at all" -Rosencrantz, on Hamlet |
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#456 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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How far? 100 yards? I mile? 10 miles? all the way round the block till you get back to the same point?
A shared footway/cycleway should be signed on or immediately adjacent to the facility. Note that shortly after the sign you show the signs appear only on the other side of the road and stay that way via various signs to well beyond the scene of the incident. There should be plans showing the intended area of the shared route together with a sign schedule which between them indicate the location of the signs. It's no good handing the sign gang a bunch of signs and telling them to stick them up wherever they can find a space. That the county council doesn't know the exact location of the route astounds me. Maybe they lost the plans, or maybe it was the local authority acting for the county council who put up the signs. |
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#457 |
Philosopher
Join Date: Jun 2006
Location: Leicester Square, London
Posts: 9,882
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None of this matters. If it was or wasn't a shared path is irrelevant. Either way the pedestrian caused the cyclist to fall into the path of an oncoming car. If the cyclist was cycling on the pavement and it wasn't designed for cyclists at all, this was still an overreaction that caused someone's death.
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#458 |
Loggerheaded, earth-vexing fustilarian
Join Date: Sep 2006
Location: Wales
Posts: 29,687
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About 500 yds. I can see the problem for the council though - there are many side roads joining the one in question, so to make things crystal clear you'd need separate signs to inform people who are joining this main road from every side street. Meanwhile, pedestrians will be seeing cyclists on the pavement on a regular basis, so you'd think they'd get the message pretty soon.
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#459 |
Loggerheaded, earth-vexing fustilarian
Join Date: Sep 2006
Location: Wales
Posts: 29,687
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#460 |
Master Poster
Join Date: Mar 2007
Posts: 2,764
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I think it does make a difference. Maybe not in terms of the ultimate conclusion (there I tend to agree with you) but in terms of degree or understanding (not excusing).
Take the cyclist aspect out of it (since a number of posters, including myself are probably biased in one way or another by their experiences as or with cyclists) if someone dies while in the act of 'committing a crime' / breaching rules it does tend to affect the reaction / judgement to it. Consider for example someone trespassing on a building site and then being chased away by a security guard and falling to their death... that could end up being death by misadventure depending on the exact circumstances. Not directly equating the two, just saying I think it is a consideration, albeit probably a minor one in this case. |
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#461 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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The route has to be positively signed because the signs indicate that the law preventing cycling on the footway is revoked for the signed section. There is no revocation of the law by default. and you're right about the need for more signs, the level of signing is abysmal.
Do we know that cyclists were regularly using the northern footpath? They were certainly using the southern side where the signs were, but is there evidence it was a regular occurrance on the northern side? On the basis that the judge mentioned it, it seems reasonable to assume it at least had some sort of effect on the sentencing, if not the judgement itself. |
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#462 |
Penultimate Amazing
Join Date: Aug 2016
Location: In the Troll Ignoring Section
Posts: 22,522
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Does a pedestrian ever have the right or privilege of forcing /pushing a cyclist into traffic though? I'm not seeing the pedestrian's POV where she could claim to be doing anything she did without reckless malice.
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"Whenever you find yourself on the side of the majority, it is time to pause and reflect" -Mark Twain "Half of what he said meant something else, and the other half didn't mean anything at all" -Rosencrantz, on Hamlet |
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#463 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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Directly into traffic, no. That said you do have to prove beyond reasonable doubt that it was intended to actually force the cyclist directly into visible traffic, rather than remonstrate with them and have them fall into the traffic. Mind you, if that could be proven it would be closer to murder than manslaughter.
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#464 |
Penultimate Amazing
Join Date: Aug 2016
Location: In the Troll Ignoring Section
Posts: 22,522
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Right, but what I'm getting at is it doesn't matter whether the cyclist was allowed to use the pavement or not. The pedestrians actions were dangerous and unjustified in any context. Unless the cyclist had one of those jousting things and was actively skewering pedestrians.
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"Whenever you find yourself on the side of the majority, it is time to pause and reflect" -Mark Twain "Half of what he said meant something else, and the other half didn't mean anything at all" -Rosencrantz, on Hamlet |
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#465 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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In terms of "Pedestrian angry! Cyclist die! Guilty! you're quite right.
Some of us consider that there might be more to it than that, particularly at the sentencing level, if not the verdict level. Would you rather we all shut up and accepted the views of those who are certain of the correctness of both verdict and sentence? So much for a discussion forum. |
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#466 |
Penultimate Amazing
Join Date: May 2006
Posts: 19,863
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My new blog: Recent Reads. 1960s Comic Book Nostalgia Visit the Screw Loose Change blog. |
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#467 |
Self Employed
Remittance Man Join Date: Nov 2009
Location: Florida
Posts: 44,036
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Mods is this thread a shared path or not because apparently that's vitally ******* important in whether or not you get to kill people on it.
I don't give a tin **** if it on the track of the BMX Event at the X Games or during the Boston Marathon and if you think it actually makes more than the most peripheral of minor nuance level difference in this case you are just a horrible, horrible person. Jesus Christ I wasn't aware I could camp out right where an "Official as Declared by Her Majesty the Queen GLORIOUS SHARED PATH!" ends and then just start shoulder checking bikers into oncoming traffic. |
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"If everyone in the room says water is wet and I say it's dry that makes me smart because at least I'm thinking for myself!" - The Proudly Wrong. |
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#468 |
Penultimate Amazing
Join Date: Aug 2016
Location: In the Troll Ignoring Section
Posts: 22,522
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Not at all. I'd like to hear a different view, because I'm having trouble wrapping my head around anyone seeing anything that would mitigate the walker's actions.
Why would whether or not the cyclist was "allowed" to be there have any bearing? You are not allowed to threaten or intimidate or assault based on right of way one way or the other, so as I see it, it's irrelevant. Kind of like it wouldn't matter if someone is jaywalking, you still can't push them under an approaching car. It makes literally zero difference if the cyclist was in the right or wrong. |
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"Whenever you find yourself on the side of the majority, it is time to pause and reflect" -Mark Twain "Half of what he said meant something else, and the other half didn't mean anything at all" -Rosencrantz, on Hamlet |
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#469 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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Cool, you've decided it's all just fine - so why not go look at another thread and stop worrying about others discussiong the minutae of the case- or are you worried someone might bring up something that might make you reconsider your certainties?
I did point out that as the status of the path was mentioned by the judge, his assumption that it was shared may have had some bearing on his sentencing - I suppose if he stated during the trial that this was his interpretation it might have had some effect on the verdict. Also as has been pointed out above, the "pushing under a car" is an assumption several on here seem keen to make. As with joemorgue above, why do you care? you've made up your mind and have no doubts whatsoever, so what does it matter if others discuss it? |
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#470 |
Penultimate Amazing
Join Date: Aug 2016
Location: In the Troll Ignoring Section
Posts: 22,522
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Because none of us probably know of care who these two are. What we are ultimately talking about are the principles and values of those arguing here. Kind of a meta thing.
Like when we talk about guns, the two sides are loosely "I should be able to kill pretty much anyone who looks at me funny" v "howzabout we not cap a brother for looking at you funny?" Same here, but on a bike. I really am trying to get a handle on the starting assumptions that would excuse this pedestrian in any way, shape or form, or even have the sentence go easier on her. |
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"Whenever you find yourself on the side of the majority, it is time to pause and reflect" -Mark Twain "Half of what he said meant something else, and the other half didn't mean anything at all" -Rosencrantz, on Hamlet |
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#471 |
Self Employed
Remittance Man Join Date: Nov 2009
Location: Florida
Posts: 44,036
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"If everyone in the room says water is wet and I say it's dry that makes me smart because at least I'm thinking for myself!" - The Proudly Wrong. |
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#472 |
Graduate Poster
Join Date: Oct 2004
Posts: 1,185
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Here's the specific guidance given by the judge to the jury in this case...
https://www.scribd.com/document/6301...ctions-of-Law# |
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#473 |
Master Poster
Join Date: Mar 2007
Posts: 2,764
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So, if a car was on the pavement and a pedestrian frantically waved it on to the road whereupon it crashed into other traffic and died, that would be the pedestrian's fault? If this wasn't a shared pathway, of which there seems some doubt, then a bicycle is a road vehicle in this instance.
By the way, I tend to agree that the pedestrian is at fault here, I just find the nuance interesting and am not sure that it's as clear cut as others do...even if apparently that makes me a horrible person... ![]() |
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#474 |
Penultimate Amazing
Join Date: Aug 2016
Location: In the Troll Ignoring Section
Posts: 22,522
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Pretty sure a car can never ever share the pavement with pedestrians, because it is so wildly unsafe right out of the gate, unlike a cyclist, so the analogy doesn't hold well (although I get your point).
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"Whenever you find yourself on the side of the majority, it is time to pause and reflect" -Mark Twain "Half of what he said meant something else, and the other half didn't mean anything at all" -Rosencrantz, on Hamlet |
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#475 |
Graduate Poster
Join Date: Jul 2018
Posts: 1,707
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#476 |
Graduate Poster
Join Date: Jul 2018
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#477 |
Graduate Poster
Join Date: Oct 2004
Posts: 1,185
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I would say the opposite, that it takes the use of force as a given, possibly because the defence did not claim there was no force at all. I don't believe though that 'force' in this context necessarily requires physical contact. If it does then the court concluded there was a push, contrary to what many people here say.
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#478 |
In the Peanut Gallery
Join Date: Jan 2007
Location: Melbourne
Posts: 53,364
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There have been cases quoted in this thread where people committing crimes have been confronted/chased by others, subsequently died and the vigilante ended up being charged and convicted of manslaughter. You mightn’t think so, but it looks to me that you are excusing the pedestrian.
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A fanatic is one who can't change his mind and won't change the subject. Sir Winston Churchill |
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#479 |
Master Poster
Join Date: Mar 2007
Posts: 2,764
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Nah, mitigating slightly in that I could see why she may have been angry / worried(?) but not excusing - and seeing some potential blame with the cyclist (but clearly not deserving of death, before anyone starts).
I'm also conscious of my bias - find cyclists round my way a complete pain (probably unfairly, except the cutting of red lights, that drives me nuts). |
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#480 |
Philosopher
Join Date: Aug 2008
Posts: 9,140
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It's rare, but there are circumstances, pedestianised precincts with access for deliveries, pavements that allow parking (pavements that don't explicitly allow parking but are outside London).
I've had cars & vans pull onto the pavement to park closer to me than I would like. Near me there's an exclusive pedestrians & cyclists path, even horses aren't allowed, but two very expensive houses have been built which use it for access and they have a LOT of deliveries. I've literally never walked on it (30mins or so) and not encountered at least one vehicle. We also have a problem around here with kids on motorcross motorbikes riding on pedestrian paths (some of which are also closed to cyclists, but they've literally stolen the signs that indicate this). BTW, I'm a car driver, biker, cyclist & walker, I'm just trying to be objective. |
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