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      10-16-2018, 06:50 AM   #1
F30Andy
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Driver Not In Position To Have Proper Control

Had a notice in the post this morning.

Says
"Driver not in a position to have proper control - endorsable offence () (Contrary to regulation 104 of the road vehicles (Construction and Use) regulations 1986, section 41D of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988)

I have asked the driver what in the hell he was doing to which he responded he has no idea.

A quick google makes me think he has been caught on camera on a phone.

Any one have any ideas?
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      10-16-2018, 06:58 AM   #2
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Quote:
Originally Posted by F30Andy View Post
Had a notice in the post this morning.

Says
"Driver not in a position to have proper control - endorsable offence () (Contrary to regulation 104 of the road vehicles (Construction and Use) regulations 1986, section 41D of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988)

I have asked the driver what in the hell he was doing to which he responded he has no idea.

A quick google makes me think he has been caught on camera on a phone.

Any one have any ideas?
Sitting in the passenger seat in a Tesla?
or
LobB in the passenger seat bending over the driver giving him some head?
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      10-16-2018, 06:59 AM   #3
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      10-16-2018, 07:04 AM   #4
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either playing with phone or some other electronic device . Police now use Double Decker buses to spot and record convictions (London)
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      10-16-2018, 07:06 AM   #5
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Originally Posted by ciscopete822 View Post
either playing with phone or some other electronic device . Police now use Double Decker buses to spot and record convictions (London)
Thanks.

Any idea how many points he should expect?
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      10-16-2018, 07:10 AM   #6
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Quote:
Originally Posted by F30Andy View Post
Thanks.

Any idea how many points he should expect?
6 points and and £200.

https://www.gov.uk/using-mobile-phon...riving-the-law
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      10-16-2018, 07:13 AM   #7
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Quote:
Originally Posted by ciscopete822 View Post
I really don't get idiots like this.

He has bluetooth hands free in the car and built in sat nav.

On top of this he has had two speeding tickets come in this week as well from where he has been flashed by the same camera in the same place on different days.

Looks like he's getting the sack then.
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      10-16-2018, 07:16 AM   #8
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Quote:
Originally Posted by F30Andy View Post
I really don't get idiots like this.

He has bluetooth hands free in the car and built in sat nav.

On top of this he has had two speeding tickets come in this week as well from where he has been flashed by the same camera in the same place on different days.

Looks like he's getting the sack then.
What does he drive? Knowing your fleet its going to be something quick. Actually its 3 points and 200 ....

"You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You’ll also lose your licence if you passed your driving test in the last 2 years.

You can get 3 penalty points if you don’t have a full view of the road and traffic ahead or proper control of the vehicle."
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      10-16-2018, 07:20 AM   #9
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Quote:
Originally Posted by ciscopete822 View Post
What does he drive? Knowing your fleet its going to be something quick. Actually its 3 points and 200 ....

"You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You’ll also lose your licence if you passed your driving test in the last 2 years.

You can get 3 penalty points if you don’t have a full view of the road and traffic ahead or proper control of the vehicle."

Lol.
Its not all M5's and Porsche Turbos. We have plenty of commercial vehicles and fleet fodder.

He drives a Hyundai i30 which he has only just recently been given after being in a Smart Four Two for the last 2 years.

He has had his licence over ten years, but the combination of this plus the two tickets he has had in this week will probably tot him up to a ban.

The boss has told me to get his line manager to interview potential replacements in preparation for his inevitable disqualification.
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      10-16-2018, 07:26 AM   #10
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Quote:
Originally Posted by F30Andy View Post
Lol.
Its not all M5's and Porsche Turbos. We have plenty of commercial vehicles and fleet fodder.

He drives a Hyundai i30 which he has only just recently been given after being in a Smart Four Two for the last 2 years.

He has had his licence over ten years, but the combination of this plus the two tickets he has had in this week will probably tot him up to a ban.

The boss has told me to get his line manager to interview potential replacements in preparation for his inevitable disqualification.
in his defense... - it takes some serious skills to be flashed in i30.... twice
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      10-16-2018, 07:37 AM   #11
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Quote:
Originally Posted by ciscopete822 View Post
in his defense... - it takes some serious skills to be flashed in i30.... twice
An automatic one at that.

As I do with a lot of our fleet I "christened" it for him by giving it a hard break in when we took delivery of it.

I thrashed the living daylights out of it and didn't even break the speed limit.

The thing is painfully slow to the point you feel scared to do overtakes in it as there is massive potential for you not to make it.

I feel for him. He works like a dog, he never says no, he does not do sick days and is the kind of guy that is always up for overtime to do the shitty tasks no one else wants to.

Later on when the boss tells me to roll him one and join him outside to get high, I might try and persuade him to give the guy a desk job or something should the worst come to the worst.
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      10-16-2018, 07:40 AM   #12
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Quote:
Originally Posted by F30Andy View Post
An automatic one at that.

As I do with a lot of our fleet I "christened" it for him by giving it a hard break in when we took delivery of it.

I thrashed the living daylights out of it and didn't even break the speed limit.

The thing is painfully slow to the point you feel scared to do overtakes in it as there is massive potential for you not to make it.

I feel for him. He works like a dog, he never says no, he does not do sick days and is the kind of guy that is always up for overtime to do the shitty tasks no one else wants to.

Later on when the boss tells me to roll him one and join him outside to get high, I might try and persuade him to give the guy a desk job or something should the worst come to the worst.
Sounds a good plan - it would be a shame to lose a hard worker, especially these days when people don't seem to want to work.
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      10-16-2018, 07:52 AM   #13
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Quote:
Originally Posted by ciscopete822 View Post
in his defense... - it takes some serious skills to be flashed in i30.... twice
I always thought that the south east was pretty flat, but I guess there must be some steep hills...
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      10-16-2018, 08:40 AM   #14
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Quote:
Originally Posted by F30Andy View Post
An automatic one at that.

As I do with a lot of our fleet I "christened" it for him by giving it a hard break in when we took delivery of it.

I thrashed the living daylights out of it and didn't even break the speed limit.

The thing is painfully slow to the point you feel scared to do overtakes in it as there is massive potential for you not to make it.

I feel for him. He works like a dog, he never says no, he does not do sick days and is the kind of guy that is always up for overtime to do the shitty tasks no one else wants to.

Later on when the boss tells me to roll him one and join him outside to get high, I might try and persuade him to give the guy a desk job or something should the worst come to the worst.
Could he claim that disqualification would cause hardship to his family by dint of him losing his job if disqualified. He could get a hefty fine and 12 points and then 12 points hanging over his head would make him the most careful driver on your crew, if you could keep him insured. As already said, be a shame to lose a good worker. Always costs incurred in recruitment and you could end up with a lemon.

Q
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      10-16-2018, 08:52 AM   #15
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Unless the number plate has been cloned. Did they not send a photo?
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      10-16-2018, 09:04 AM   #16
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Unless the number plate has been cloned. Did they not send a photo?
No they did not.

I have checked the drivers tracker and he was where it says he was at the date and time of the offence.

I have just got my PA to copy and remove the identifiers out of the letter.

Here it is.......

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      10-16-2018, 09:12 AM   #17
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Quote:
Originally Posted by Quantox View Post
Could he claim that disqualification would cause hardship to his family by dint of him losing his job if disqualified. He could get a hefty fine and 12 points and then 12 points hanging over his head would make him the most careful driver on your crew, if you could keep him insured. As already said, be a shame to lose a good worker. Always costs incurred in recruitment and you could end up with a lemon.

Q
Even if he does plead exceptional hardship and gets 12 points without a ban, he will still have 12 points.

This will make him pretty much un-insurable.

On our fleet anyone with more than 6 points has to be referred to the underwriter.
Going by past experience with this underwriter they will either refuse to insure him or will ask for an extortionate excess in the event of a claim for or against him to make an exception for him.
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      10-16-2018, 09:42 AM   #18
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Quote:
Originally Posted by F30Andy View Post
Quote:
Originally Posted by ciscopete822 View Post
in his defense... - it takes some serious skills to be flashed in i30.... twice
An automatic one at that.

As I do with a lot of our fleet I "christened" it for him by giving it a hard break in when we took delivery of it.

I thrashed the living daylights out of it and didn't even break the speed limit.

The thing is painfully slow to the point you feel scared to do overtakes in it as there is massive potential for you not to make it.

I feel for him. He works like a dog, he never says no, he does not do sick days and is the kind of guy that is always up for overtime to do the shitty tasks no one else wants to.

Later on when the boss tells me to roll him one and join him outside to get high, I might try and persuade him to give the guy a desk job or something should the worst come to the worst.
Quote:
Originally Posted by F30Andy View Post
Quote:
Originally Posted by ciscopete822 View Post
in his defense... - it takes some serious skills to be flashed in i30.... twice
An automatic one at that.

Later on when the boss tells me to roll him one and join him outside to get high, I might try and persuade him to give the guy a desk job or something should the worst come to the worst.
Are either of you going to be driving later ? Sounds like you both need a letter, but for something more serious.
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      10-16-2018, 09:46 AM   #19
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Are either of you going to be driving later ? Sounds like you both need a letter, but for something more serious.
No, neither of us will be driving later.

Thanks.
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      10-16-2018, 10:04 AM   #20
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Quote:
Originally Posted by F30Andy View Post
No they did not.

I have checked the drivers tracker and he was where it says he was at the date and time of the offence.

I have just got my PA to copy and remove the identifiers out of the letter.

Here it is.......

Ah. fair enough. He's bang to rights.
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      10-16-2018, 10:07 AM   #21
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Ah. fair enough. He's bang to rights.
It would be nice to see what evidence they have.

Does anyone know if I can request this and if so how?
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      10-16-2018, 01:57 PM   #22
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Maybe give these guys a call:
https://www.pattersonlaw.co.uk/using...ions-purposes/

They might be able to tell you if you can request it or not. The law might state that you have to give details before they give you a photo under some data protection wank but it's "your" car so they should provide evidence to help you identify the culprit.
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