A motorhome driver involved in an exchange of words with a cyclist at traffic lights shortly after overtaking a group of riders at speed subsequently hit him with his wing mirror, a court has heard.
Appearing at South Derbyshire Magistrates’ Court, 66-year-old George Racz from Glossop pleaded guilty to driving without due care and attention, reports Derbyshire Live.
The incident happened on Chatsworth Road, Chesterfield, at 9.30am on Saturday 4 August 2018, said Lynn Bickley, prosecuting.
"The defendant was driving a motorhome vehicle and the victim was on a push-bike,” she said.
"There were seven cyclists in total. There were four cyclists in front of the victim and two behind."
She said that according to the victim, Racz had been "honking his horn" before "flying past" him.
"They came to some lights and the motor home came to a stop at the lights.
"The cyclist accepts he swore at the defendant, saying 'what a f*ck*ng waste of time that was'.
"The defendant was shouting and swearing back at him."
Subsequently, Racz hit the back of the victim’s head with the wing mirror of his motorhome.
The cyclist, who had been wearing a helmet, was left feeling “dizzy,” and was checked over at hospital and given the all-clear.
Speaking in mitigation on behalf of Racz, Thomas Wild said: "The defendant is a cyclist himself. He sounded his horn on his approach to let them know of his presence."
Racz, who already had six points on his driving licence, was fined £500 by District Judge Jonathan Taaffe and ordered to pay £200 costs and a £50 victim surcharge. He was also given five more penalty points.
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That was partly my point, often the aggresion is in the ear of the listener it makes no sense to say that the horn is aggresive or not a horn is a simple noise that is on or off. Yet most of us can make just this distinction. The long blast from close behind (or whilst actually passing) is seen as aggressive whilst a shorter double Bip-Bip from further back seems to be a friendly making the rider aware message. Yet some will see this well intentioned use as being aggressive.
Some mentioned above that legal use is about warning other road users of a danger, then surely making sure that a vulnerable road user is aware of the presence of a vehicle behind them which will be overtaking them when it becomes safe to do so is good communication.
As for hearing vehicles I know I don't have hearing issues but depending on the wind etc I can hear very little at times on the road. I was recently driving my car on a single track road and there were 2 riders ahead of me (club mates it turned out) I was driving behind them at maybe 30m back (no need to hassle folk) they managed to ride together for about 1.5 miles with absolutly no idea I was there. Moern cars are very quiet (and more electric ones too) so I think we should activly encourage drivers to make us aware of their presence.
Nonsense, simply not required unless they are overtaking in a dangerous way, in which case they should not be overtaking.
Look at it this way, you don't beep your horn at every van/car/motorbike/horserider/pedestrian you approach to alert them of your presence.
If a cyclist wants to know what is behind them they will look. I'm not sure beeping your horn is much use to deaf cyclists?
...and could make them jump, actually putting them at even greater risk (unless you are - and of course you are! - overtaking them with at least as much clearance as their height, so you don't use them as a speed bump if they fall over).
Did he stop or just continue driving? If he stopped I'm surprised he didn't get a beating.
If he'd hit him with a weapon, or even just a fist, the charge would be assault. It's time our justice system stopped allowing assault with a vehicle to be prosecuted as a motoring offence.
I cannot see why any collision, whether with cyclist, pedestrian or other vehicle where an element of 'road rage' is so clearly demonstrated should not result in automatic disqualification, a minimum 12 month ban and extended re-test following succesful completion of an approved anger management course (at the offenders expense)
As a society we no longer tolerate drink driving yet the justice system seems happy to let people who have demonstrated extreme aggression towards others using their vehicle as a weapon to intimidate and often injure, continue to operate those potentially lethal machines around others.
Driver is clearly not capable of driving safely and could have been banned, but we continue to value the right to drive above that of anything else, especially the safety of vulnerable road users.
Don't the Americans have an offence of assault with a motor vehicle or some such?
"He sounded his horn on his approach to let them know of his presence."
Because he has one of those silent while driving motorhomes?
Awful (already 6 points) and agressive (use of horn) driver uses violence and huge weapon to injure vulnerable road user. The fine and points actually seem reasonable for the offence charged, many killer motorists have gotten less. Shame it wasn't another 6 points though.
Translation: The defendant owns a bicycle which he uses to get around the campsite once he's parked up his motorhome. He has no clue whatsoever about cycling on the road, primary / secondary position, 1.5m minimum safe passing distance or 2-abreast and he's also incapable of safely judging the width of his van or of reading the road in front of him to judge whether an overtake is safe or appropriate. The fact he has 6 points already means he's a demonstrably shit driver.
I'd genuinely like to know how lawyers can actually defend this sort of behaviour. I'd make a dreadful defence lawyer - I'd just be like "yeah, he's a shit driver, can you lock him up for a bit please Judge?"
It's their job - and they're legally obliged to offer the defence the defendant decides upon.
e.g. https://www.bbc.co.uk/news/uk-scotland-glasgow-west-47737556
It's a fascinating job in the sense that both sides of the court are there to do their utmost, within guidelines, to win. Tough job, being a criminal lawyer, I think it's a bit like being a surgeon, you have to have the ability to seriously compartmentalise things otherwise you couldn't do it.
As an aside, for anyone who's interested in this question ("how can you defend a criminal" etc), check out the recent bestseller "The Secret Barrister - stories of the law and how it's broken" - really good explanation of how criminal barristers operate, but also critical of how the criminal justice system is (or isn't) working.
It's a disturbing and, in parts, terrifying, account of a failing system which no law abiding citizen in their right mind would want to get involved with. In any way, prosecution or defence.
You only have to watch Silk or North Square to form the view that Barristers are self-centered, egotistical, narcissistic people who prize winning and money above all else. Guilt or innocence is immaterial to them.
Although no doubt that's a convenient presentation for dramatic purposes, there may be some truth in it. But being a criminal barrister is not necessarily as remunerative as you might think. While there may be some stars of the bar doing very nicely, see this article: "Could barristers earn more working in McDonald's" https://www.bbc.co.uk/news/uk-47372265 (which, incidentally, includes a picture of one of the stars of Silk protesting against legal aid cuts)
From my obervations of motorhomes on campsites while I tour in my motorhome, most of these fitted with bike racks, rarely have bikes on them (the racks pierce the bodywork so tend to be fitted by one owner and never removed while the seals remain intact), and those that do actually have bikes on them seem to spend most of thier time firmly fastened to the racks, so the chances of him being a cyclist are pretty slim.
As for beeping the horn, I am actually in favour of a little beep from a distance so that I am aware of a vehicle approaching from the rear, it also lets me know they have seen me. But as most of us know it is rarely a little beep from a distance, but a longer blast from right behind or even during the process of passing.
On a side note, how is it we can all distingush the intentions behind the use of a horn, it is after all normally a single tone, either switched on or off. Yet we can all do it, the wonders of the human brain never cease to amaze
No you wouldn't.
The highway code states that the horn is only to be used to warn others of your presence - not to inform, you can't warn someone that you are driving safely. So, given that there is no idication that the cyclist presented any danger, his lawyer has admitted that either he is guilty of improper use of his vehicle's horn or dangerous driving. I would expect a lawyer to know this - so reading between the lines, perhaps she is saying "yeah, he's a shit driver" (alternatively she's saying "yeah, I'm a shit lawyer").
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