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Live blog: Floyd Landis to open cycling-themed cannabis shops (+ great PSA from USADA), Neil Campbell sets new European cycling speed record + more
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Wed, Sep 19, 2018 09:17
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Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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Latest Comments
CygnusX1 13 minutes ago
@Paul J not so - his friend (not named in the reports) helped pressure his cousin (Gabrielle Debotte) to keep quiet - thankfully she didn't. Not clear whether the friend was also in the car at the time or came round to the house later: "You were drinking and playing music; Gabrielle Debotte upstairs in a terrible state could hear you laughing and joking. "You and your friend talked to her about what to say and not to say and how to act. "You scared her. "Over the course of the evening, your friend made Gabrielle Debotte write a note on her phone with a false account that she had not seen you on the day of the collision at all.
chrisonabike 19 minutes ago
@mdavidford "the contract was awarded to Capita, with Fujitsu to deliver the IT"... 😬
kil0ran 22 minutes ago
@Daveyraveygravey one of the first life driving bans was issued to the driver responsible for killing time trialling legend (in these parts at least) Derek Witt in 2008. I must dig out the offender's name and see what he's been up to since he got out. Life ban somewhat pointless as he wasn't licensed anyway https://www.cyclingweekly.com/news/latest-news/derek-witt-killed-in-car-collision-93197
kil0ran 25 minutes ago
@jaymack Agreed. We test vehicles every year at a cost of (from memory) £65 so let's bring in a 3-year or 5-year re-test window for the drivers. Similar cost averaged out. Theory refresher (the vast majority of drivers haven't passed a theory test on the current version of the HC) followed by a soft retest with the option of the examiner recommending remedial action such as awareness courses.
chrisonabike 25 minutes ago
@jaymack seconded. Of course currently the issue isn't keeping driving schools and/or examiners in business, it's that there seems to be a chronic shortage of the latter So this sensible idea is likely to be decried as uninformed "pie in the sky" even more than others pertaining to improving road safety. 😬 (And of course "but we already passed our tests, we pay for insurance etc so this amounts to another attempt to batter honest drivers with legislation and expenses...")
chrisonabike 33 minutes ago
@jaymack tomato sauce?
wtjs 42 minutes ago
@Paul J The friend is his cousin... No he isn't. Not much else is said about the 'friend' which leads me to suspect proceedings against the friend along 'aiding and abetting' lines. From the little we know, there certainly should be.
mitsky 46 minutes ago
@Daveyraveygravey Would be interesting to find out which insurer is covering a driver with 100 points (or even the ones with 12+). And how long it takes to fill in the renewal form with details of each conviction? Not to mention who could afford a theoretically astronomical policy.... In theory it should be cheaper for them to hire a chauffeur.
kil0ran 51 minutes ago
@chrisonabike it's not just motoring offences. One of our local "celebrities" has a string of convictions for violence/robbery/poaching/driving offences from age 13. He's late '30s now and has only just reached Crown Court level for what the CPS claims is a deliberate vehicular attack on a cyclist. Fortunately the cyclist survived but has been left with life-altering injuries. There's a complete failure by magistrates to deal with persistent offending like this not least because of safety fears due to links to organized crime gangs and the travelling community.
kil0ran 1 hour ago
@Sniffer the police seem pretty keen on seizing and crushing illegal ebikes and scooters so I'm sure they'd be happy to do it to motor vehicles. Yeah, who am I kidding?
18 thoughts on “Live blog: Floyd Landis to open cycling-themed cannabis shops (+ great PSA from USADA), Neil Campbell sets new European cycling speed record + more”
When you go out in high wind
When you go out in high wind with the express intention of capturing kotms, you’re measuring the weather and wind, not your performance.
At least 80% of all KOM’s are
At least 80% of all KOM’s are done if favourable weather of course.
If I target a KOM, obviously
If I target a KOM, obviously I’m going to give myself the best chance of success. For a particularaly difficult segment this may include one or more of the following:
Removing unneccessary gear from my bike and person; checking Google street view for exact start and finish markers; making my attempt when there is less trafic about; waiting for favourable wind conditions!
Who goes out to get a KOM with a headwind?!
I wholeheartedly agree with
I wholeheartedly agree with the family of the cyclist killed and I wish them success. The British justice system is a disgrace!
If you’re targeting a KoM on
If you’re targeting a KoM on anything but the most obscure segment, yes you do have to give yourself the best chance of success. Around here there are some very strong riders so to avoid them hoovering up all the KoMs you have to be ruthless and sneaky.
I wish that family success in their legal action.
Is there any point in
Is there any point in pursuing a civil action if a jury has already acquitted someone? Rightly or wrongly, they have been found not guilty and unless there is any new evidence then surely that is the end of it from a legal perspective?
On a lighter note, all sorts goes on with KOMs… drafting, etc. Lets be honest you are unlikely to take a KOM in a headwind. Fair game I say.
PRSboy wrote:
Yes there is, the standard for criminal prosecution is “beyond reasonable doubt”, i.e. there is no other logical explanation can be derived from the facts except that the defendant committed the crime.
However, civil cases only require “balance of probablities”, which basically means there is >50% chance that the defendent is responsible for the death, even though other logical explanations may be possible. This is obviously substantially lower a burden to prove.
In effect, he could be forced to financially compensate them for any negligance in causing the death, even if the bar for a criminal conviction cannot be met.
FlyingPenguin wrote:
Yes there is, the standard for criminal prosecution is “beyond reasonable doubt”, i.e. there is no other logical explanation can be derived from the facts except that the defendant committed the crime.
However, civil cases only require “balance of probablities”, which basically means there is >50% chance that the defendent is responsible for the death, even though other logical explanations may be possible. This is obviously substantially lower a burden to prove.
In effect, he could be forced to financially compensate them for any negligance in causing the death, even if the bar for a criminal conviction cannot be met.— PRSboy
A good explanation of the difference between criminal and civil cases, to which I would add one further distinction; in a civil case, the decision is made by aa judge, not a jury.
Gail Purcell killed Mick
Gail Purcell killed Mick Mason, killer driver Helen Measures killed Denisa Perinova and Vincent Doyle killed Janina Gehlau. The vehicle of which they were operating killed the cyclist. The courts may not have convicted them of causing death by dangerous/careless driving, but the cyclist was killed by the vehicle they were operating. For me if anything you are doing results in someones death then that must be dangerous, but that’s the law.
To add to the comments above
To add to the comments above – in addition to the standard of proof required it is worth bearing in mind that, for a civil case it will be a judge making a decision – as this is in London and one would assume a high value claim then this will likely to be a High Court Judge or one with similar standing and legal experience – therefore the person tasked with determining if the 50+1% standard has been met will not be a bunch of self righteous motorist incapable of thinking beynd “well it was a dumb cyclist and could have happened to anyone so not negligent/dangerous etc” but instead a highly qualified specialist – now admittedly the “dumb cyclist” view may still be ingrained in that individuals psyche but these are individuals who’s job is to separate a personal opinion from a legal fact – and such finding of fact can be appealed to the Court of Appeal (i.e. even more specialist and experienced).
As can be seen from the OJ case in the use, it is very possible to be guilty “on the balance of probabilities” but not “beyond reasonable doubt” its a 50% vs 95% type of equation.
(No subject)
Anyone else getting some weird adverts appearing on this site lately, or is it just me?..
a1white wrote:
Isn’t that Celine Dion?
best ad ever
best ad ever
But how are horses supposed
But how are horses supposed to dial the 0800 number? Their hooves are too big for the teeny buttons
.
I wonder why you keep posting
I wonder why you keep posting those speed records. It has nothing to do with cycling nor sport.
Maybe if more drivers saw
Maybe if more drivers saw civil action it would make them act more responsibly, especially if the chances of the decision going against you are a lot higher. I hope it sets a precedent, there’s little argument against him driving the vehicle, and being involved in the accident, there were certainly more steps he could have taken to prevent the collision, whether he was guilty of the crime, he was certainly guilty of not doing enough to avoid a collision.
I wonder if Floyd’s Fine
I wonder if Floyd’s Fine Cannabis delivers by hand, internationally, in a sealed jiffy bag?
Looks like someone has had a
Looks like someone has had a bad case of the munchies