Near Misses Volume 2 (So close you can feel it)

Ferris

Waterford Whispers are in rare form...😁

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Steoller

https://www.boards.ie/discussion/comment/119861174#Comment_119861174

They try, because their job is to get the best outcome for their member, but it's very hard to defend gross negligence. They might try negotiate an exit package to save everyone the hassle of a drawn out investigative and disciplinary process, but if DB are willing to put in the effort and dot the i's and cross the t's, they can absolutely fire dangerous drivers. I've heard of drivers dismissed for dangerous driving and breaking rules such as using their phone while driving, even with their Union reps present.

JMcL

https://www.boards.ie/discussion/comment/119861174#Comment_119861174

It doesn't always mean automatic defence of the member. A friend of mine was branch secretary in one of the big unions a few years ago and he told me about somebody that had done something stupid that was in breach of their contract. They came to the union looking for representation and were told to sling their hook.

That said, from what evidence I've seen over the years the transport unions tend to be on the militant end of the scale, so all bets are off, but I can't see any rational defence for that d1ckhead

fun loving criminal

Had a close pass today. I normally take the lane in town because there's so much traffic and more chances of drivers passing close by, so anything I can do to hold them back and prevent close passes, I'll do it. City traffic is normally slow anyways, so I don't see why I can't take the lane. Am I right in my thinking? Or am I wrong?

But taking the lane today didn't matter today and I had a driver driving past me very very close, giving me very little space. As he was driving past, he pointed to the cycle lane that was very badly done as it looked like a wide footpath and it didn't have separate colours. Who knows if there was a cycle lane, he just wanted me of the road and tried to push me onto the path with his driving.

Citizen Six

https://www.boards.ie/discussion/comment/119862629#Comment_119862629

Drivers just see you as being in the way. They often don't understand that they are just racing to the next tailback, while you just filter past it.

b v

https://www.boards.ie/discussion/comment/119859349#Comment_119859349

Gardaí are exempt from road traffic rules. I’m not saying I agree with it but they’re doing nothing illegal by blocking your driveway, the cycle lane or the bus lane.

hesker

https://www.boards.ie/discussion/comment/119877082#Comment_119877082

I doubt that this is a correct interpretation of the act. For one thing it states

” where such use does not endanger the safety of road users.”

cletus

They're only exempt if it happens in the course of their duties. They can't park on a double yellow to go into Tesco for a bag of sausage rolls for lunch

Allinall

https://www.boards.ie/discussion/comment/119877425#Comment_119877425

Getting lunch is considered part of their duties.

They don’t “clock off” for breaks.

They are always on duty.

cletus

https://www.boards.ie/discussion/comment/119877443#Comment_119877443

I don't think that they clock off for breaks, but just like they can't put lights and sirens on unless they are in pursuit, or responding to a call/emergency, they can't break other traffic rules while simply driving around

Allinall

https://www.boards.ie/discussion/comment/119877610#Comment_119877610

You are right about the first part, but wrong about the second.

cletus

https://www.boards.ie/discussion/comment/119877680#Comment_119877680

That may well be the case. I alway read this line is the exemtions section of the statutes in the performance of the duties of that member as meaning in the active pursuit of their duties, similar to the lights and sirens

magicbastarder

that's such a vague and unqualified statement it probably is unenforceable anyway.

cletus

https://www.boards.ie/discussion/comment/119877765#Comment_119877765

One would imagine deliberatly so...

Allinall

https://www.boards.ie/discussion/comment/119877758#Comment_119877758

If you take the case of a garda on the beat. He/ She are just strolling down the road, but are fully on duty and carrying out the duties of a garda.

Similarly, if a garda is in Spar getting a sandwich for their lunch, they are equally on duty. If there was a robbery while they were in the shop, they wouldn't just say "I'm on my lunch. I'll deal with it in 45 minutes".

Same applies while they are driving to the Spar, and away from it.

magicbastarder

i guess it comes down to how far you'd push the 'as long as it doesn't endanger road users' clause.

e.g. is parking on a footpath endangering other road users?

cletus

https://www.boards.ie/discussion/comment/119877783#Comment_119877783

I take what your saying about being on duty, but like I said, I would have assumed that things like parking on double yellows or speeding were only allowed if required in the course of their duty.

If a Garda is on patrol in a car, there shouldn't be any reason to break the speed limit unless responding to an emergency call

Allinall

https://www.boards.ie/discussion/comment/119877808#Comment_119877808

Yet the law doesn't say anything about responding to an emergency call.

As far as i am aware, there isn't even a definition of what is an emergency.

CramCycle

In pursuit of their duties is the qualifying statement though. It is not "when on duty". When I am getting lunch, I am still at work but I am not working. When they pull in for a chicken fillet roll, they are on duty but not in pursuit of their duties.

In reality, it means nothing as non gardai aren't even pulled up for this behaviour so expecting them to police themselves when they don't police others for these type of offences is ludicrous.

If it happened that such behaviur caused a serious incident that ended up in court or in legal dispute, I imagine it would depend on the strength of the solicitor but they could get a wrap on the knuckles. Would it stop that behaviour, of course not, the same way a parking ticket doesn't stop illegal parking or the charging of one druck driver doesn't stop the hundreds if not thousands who do it regularly but never get caught.

magicbastarder

what is missing is a clause that the exemption should apply, that breaking road traffic law is allowed when necessary for them to perform their duty.

Allinall

https://www.boards.ie/discussion/comment/119877826#Comment_119877826

Where does the law say "in pursuit of their duties"?

hesker

It says it in the Act

https://www.irishstatutebook.ie/eli/2010/act/25/section/87/enacted/en/html

knockoutned

I know its a different jurisdiction, but I've never forgotten this case of the Irish EMS driver in New York. It seemed the case hinged on whether it was an emergency, which I would guess would be similar to be in pursuit of their duties here. Its crazy to me that this was 1998 😮

I also wonder would a case be taken here in a similar circumstance, though I also appreciate that the legal system in the U.S. is a lot more cut throat, with cases taken to improve a D.A's political standing.

https://www.irishtimes.com/news/derry-born-ambulance-driver-faces-manslaughter-charges-1.212789

https://www.irishtimes.com/news/guilty-plea-to-negligent-homicide-by-driver-of-ambulance-1.236598

cletus

https://www.boards.ie/discussion/comment/119878074#Comment_119878074

I quoted from that act, Section 87. The other poster seems to be of the opinion that "the performance of their duty" covers just being on duty as a Garda, for the whole of the 8 or 10 or 12 hour shift that they do (no idea what hours gardaí work)

tnegun

I had a bit of a final destination day today. Looking at the videos I could have probably reacted sooner but of course, I have my excuses! I was almost doored by this guy my attention was on a driver just out of shot who was on their phone and hadn't seen me making sure they didn't encroach, this taxi simply didn't give a fup he could have stopped halfway into his turn but kept going sure it's just a bike and I actually thought this guy had seen me and would keep right but looking at the video he didn't even look to his left!!

standardg60

Not sure i'd be too peeved at the taxi driver there in fairness, he was better off continuing the turn to clear you.

The last one though, bloody cyclists!! :-)

Hopefully the door guy has learned a lesson.

DaveyDave

Not a huge issue but the taxi should have stopped. The bigger issue there is the laziness of apartment residents parking on the road to be right outside their front door rather than the underground parking.

BoardsMember

Just got a lift from my other half. OH used to he a good driver. Now doesn't seem to signal, anticipate lights/pedestrian/cyclist movements. Definitely has driven a lot less during lockdowns. I wonder is that a significant part of the issue, bad habits from not driving regularly. Admittedly a small sample size of 1 for my theory.

tnegun

Yup agreed with the taxi I'd not have posted it only for I was looking for the other two incidents on the camera. He didn't even acknowledge my presence or that I had to move left to pass him I thought he could have at least come to a stop.

CramCycle

https://www.boards.ie/discussion/comment/119878460#Comment_119878460

https://www.boards.ie/discussion/comment/119877834#Comment_119877834

Another note, aside to this. A Garda is always a Garda, but they are not always on duty. They can however perform their duties while "off duty". Therefore a garda can't speed, RLJ etc. while off duty but if they have to perform their duty they can. The same as when they are "on duty". I think the nuance is in that the word can mean too different things. "On duty" refers to being at work, performing their "duty" is the active act of being a garda enforcing or preventing criminal acts.

In a court of law, I imagine it would be a decent argument but the spirit of the law (IMO) clearly refers to duty being two different words in regards being "on" and your actual duty.