ok under that understanding, "you are coasting down the road someone pulls out in front of you, you crash into them"
whos at fault?
you for coasting? or them for pulling out?
its them for pulling out
there is a big difference between civil court and criminal
"your driving pissed, someone pulls out in front of you, you crash into them"
there will be two trials, one criminal, one civil
in the criminal you will be prosecuted as it is an offence to drive drunk
"(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.
(2)Without prejudice to subsection (1) above, a person who, when in charge of a motor vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence."
in the civil court you will win the case, as it wasn't your fault someone pulled out in front of you, if you did everything you could but the braking distance was not avilable it is his fault, and i have run many cases through court where our client was the drunk party, all successful
I do not see the point you are now arguing. If an accident occurs and it is proven that you were coasting at the time, and this is determined to be a contributing factor. I.e. the prevailing conditions would have permitted you to avoid the accident, however because you were coasting this impaired your ability to control the vehicle. Then you are at fault for not being in adequate control of the vehicle.
Yes there are 3 offences under the Driving Offences Section. These are general and broad offenses that are open to interpretation and application. The RTA also provides for specific offenses for drivers and other road users such as:
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.
Which you have already pointed out in your own arguement.
(4) A person who, without reasonable excuse, fails to provide a specimen of breath when required to do so in pursuance of this section is guilty of an offence.
12 Motor racing on public ways
(1) A person who promotes or takes part in a race or trial of speed between motor vehicles on a public way is guilty of an offence.
21 Prohibition of driving or parking on cycle tracks
(1) Subject to the provisions of this section, any person who, without lawful authority, drives or parks a motor vehicle wholly or partly on a cycle track is guilty of an offence.
35 Drivers to comply with traffic directions
(1) Where a constable is for the time being engaged in the regulation of traffic in a road, a person driving or propelling a vehicle who neglects or refuses—
(a) to stop the vehicle, or
(b) to make it proceed in, or keep to, a particular line of traffic,
when directed to do so by the constable in the execution of his duty is guilty of an offence
etc....
All offences listed under the RTA, wether under the Driving Offenses section or not, they are all still applicable to drivers who are driving.
However this point is still irrelevant as I am stating that if coasting was a contributing factor in an accident then you are to blame. And if you lost control and caused an accident because of it then surely you would be charged with dangerous or reckless driving, or at least be at fault and liable for the accident. And 'I was trying to save fuel' would not be an adequate defense.
We understand that coasting is not illegal and you have made that point multiple times despite me agreeing to that point. It is however a situation that would limit your abilities to control the car, such as being distracted by occupants, playing with the radio, eating and drinking, driving without your hands on the steering wheel. Yes some of those specifically are illegal, some are not. However, as a driving style coasting provides no benefits and in the event of an accident could make you liable if it was a contributing factor. There is a reason the Highway Code specifies it as reducing the ability to control the vehicle.
I think this discussion has gone far enough, and i think we have both now made our points. I have an early start in the morning so i must bid you farewell for the evening.
