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PostPosted: Sat Nov 24, 2007 23:30 
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http://www.thisisscunthorpe.co.uk/displ ... K=18982744


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PostPosted: Sun Nov 25, 2007 01:58 
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JP BANNED AFTER DEATH OF BIKER


09:45 - 16 November 2007

A North Lincolnshire magistrate involved in a crash which resulted in the death of a motorcyclist has been found guilty of careless driving.

Joan Brighton has been banned from driving for 12 months for her part in the accident near Barton-Upon-Humber.

Mr Parkin had tried to swerve out of the way of her PT Cruiser.

He died at the scene, and his pillion passenger, Tracey Pearson, from Hull, was seriously injured, suffering a broken pelvis.

Brighton (67), of St Andrew's Street, Kirton in Lindsey, maintained her innocence but was convicted after a 10-hour trial.

In court she said it would have been easier for her to have pleaded guilty, but this had 'ruined' her life.

As well as the 12-month ban she received a £600 fine and was ordered to pay £455 in costs.

The court heard how Brighton had been a magistrate in Scunthorpe for 17 years before stepping down from the role after the crash.

She stated she had checked to make sure there was no oncoming traffic before pulling out of a layby on the A1077 near Barton to do a U-turn.

Yesterday under cross-examination by prosecutor Victoria Mills, Brighton said: "I didn't see or hear anything. I have gone over it in my head a million times.

"It would have been easier for me to have pleaded guilty, but this has ruined my life.

"I was determined to come to court and sort it out because my reputation matters to me and the truth matters to me."

She told the court Mr Parkin 'must have been speeding' for her not to have seen him in her mirror coming up the road towards where she was pulling out.

Earlier in the day, the court heard from police accident investigator Pc Stephen Place, who said Brighton's manoeuvre should have only taken between 2.2 and 3.7 seconds.

He said Mr Parkin would have had to be driving at speeds of between 126mph and 212mph to have come up the road undetected.

He told the court that simply would not have been possible.

Pc Place also said Mr Parkin's Suzuki motorbike had been smashed into pieces with the force of the impact as Brighton turned across its path.

He added: "In my opinion, there is no evidence that this motorcyclist was doing anything wrong and no evidence that he was using excessive speed.

"It is a classic case of a driver who looks, but unfortunately does not see."

Miss Pearson (35), who was Mr Parkin's girlfriend, said she had been unable to remember much about the incident.

However, she told the court a woman in the car was looking straight at her and Mr Parkin, of Archer Road, Waltham, on the motorcycle in the seconds before the crash.

"I remember looking up and seeing a car lengthways across the road. I saw a woman in the car with grey hair and she was looking straight at us; she saw us."

Later in the hearing, the court heard the woman Miss Pearson was referring to was Brighton's friend and front seat passenger Shirley Smith, who had helped check for oncoming traffic.

She told the court she did not see Mr Parkin's motorcycle, or another motorcycle and a car which were also on the road.

Under cross-examination, she maintained: "I didn't see a motorcycle on that road because there wasn't one there."

Following the verdict, Miss Pearson and Mr Parkin's family declined to comment.

Chairman of the bench, Kerry Baylis, said: "We should like to offer our sympathy to the family and friends.

"You conducted yourselves with great dignity throughout the course of this trial."

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PostPosted: Sun Nov 25, 2007 03:26 
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JP BANNED AFTER DEATH OF BIKER

"It is a classic case of a driver who looks, but unfortunately does not see."


Yes it is. It's easy to see who is to blame for such crashes.

It's much harder to see who or what is responsible. This sort of driver error is far too commonplace and far too many 'normal responsible' drivers make similar mistakes. Perhaps it's a shortfall in training. Perhaps it's a shortfall in vehicle design (A pillars). Perhaps it's a shortfall in the human visual system. Probably it's all of those and more besides.

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PostPosted: Sun Nov 25, 2007 12:20 
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She told the court Mr Parkin 'must have been speeding' for her not to have seen him in her mirror coming up the road towards where she was pulling out.
Do you think the rider would still be alive if she had opened her window and stuck her head out to look rather than relying on the mirror? I do.

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PostPosted: Sun Nov 25, 2007 12:30 
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Perhaps it's a shortfall in the human visual system.


It is very dificult to see something that is coming directly towards you. especially something that does not appear large on the retina

The eye is "designed" to pick out objects moving accross the field of vision.

On top of that. few people realise just how limited vision is. All *anyone* can see clearly is an area the size of a penney piece held at arms length. The rest is a blur and ontop of that has a hole in it the size of a dustbin lid (held at arms length) The blind spot. The brain cleverly fills this in useing visual processing but you could hide an elephant in it.

It is perfectly possible to "fail to see" a motorcylist, even if you are looking striegt at them unless you maintain your gaze for long enough for the image on the retina to grow significantly.

This isnt helped by Motorcyclists (and pedel cyclists for that matter) who, albeit with the best of intentions, wear dazzle cammoflage http://en.wikipedia.org/wiki/Dazzle_camouflage or have their headlights on in the daytime (If the light is behind you, having the headkight on makes you invisible!)

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PostPosted: Sun Nov 25, 2007 12:48 
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Dusty wrote:
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Perhaps it's a shortfall in the human visual system.

It is very dificult to see something that is coming directly towards you. especially something that does not appear large on the retina


Very true - but the 'biggy' is not engaging brain with eyes. The simple "What if?" question is a vital ingredient.

What I really hate is..

Quote:
She told the court Mr Parkin 'must have been speeding' for her not to have seen him ...


'Speeding' now seems to be the universal defence.

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PostPosted: Sun Nov 25, 2007 12:59 
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It is very true that there are problems with the Mk1 eyeball, but we can't get rid of these without a few thousand years more evolution, so we need effective methods of mitigating them.

No course of flying training concludes without some form of Human Factors training. I personally have had to sit through hours of (sometimes dull) lectures on the physiological shortcomings of the human body for the environments into which we place it. Such training is notably absent from the driver training syllabus.


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PostPosted: Sun Nov 25, 2007 13:31 
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She told the court she did not see Mr Parkin's motorcycle, or another motorcycle and a car which were also on the road.

She did not look that is why she did not see the motorcyclist she killed. This woman was more worried about how this has affected her than what she had done she still will not accept she is in the wrong anyone else in this position would more than likely be in jail now.


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PostPosted: Sun Nov 25, 2007 14:33 
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She told the court Mr Parkin 'must have been speeding' for her not to have seen him in her mirror coming up the road towards where she was pulling out.


Good to see someone taking responsibility for their actions.

It MUST be someone else's fault.

They still managed to kill someone and pretty much get away with it.

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PostPosted: Sun Nov 25, 2007 15:06 
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RobinXe wrote:
It is very true that there are problems with the Mk1 eyeball, but we can't get rid of these without a few thousand years more evolution, so we need effective methods of mitigating them.

No course of flying training concludes without some form of Human Factors training. I personally have had to sit through hours of (sometimes dull) lectures on the physiological shortcomings of the human body for the environments into which we place it. Such training is notably absent from the driver training syllabus.


:clap1:

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PostPosted: Sun Nov 25, 2007 15:11 
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Similar case but showing remorse and not a magistrate.

http://news.bbc.co.uk/1/hi/england/linc ... 099315.stm

Its nice to see the courts giving equal punishments regardless of background


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PostPosted: Sun Nov 25, 2007 15:22 
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RobinXe wrote:
No course of flying training concludes without some form of Human Factors training. I personally have had to sit through hours of (sometimes dull) lectures on the physiological shortcomings of the human body for the environments into which we place it. Such training is notably absent from the driver training syllabus.


So have I mate, but it didn't stop me making the most embarassing HF attributable error of my career to date :cry:
Whilst an element of HF awareness for the general driving public may not go amiss, I think that the realities of day-to-day driving will probably end up negating it anyway. When someone approaches a junction to pull out, they are concentrating on, and porcessing only as much information (in the here and now environment) as they think they need in order to complete the move safely and expediently.
Approaching a junction along a main road on a motorcycle with a car arriving at the junction ready to pull out create, for me, the most nervy moments on a bike by far. I don't trust the car driver as far as I could throw him/her.

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PostPosted: Sun Nov 25, 2007 16:00 
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steve_k wrote:
Similar case but showing remorse and not a magistrate.

http://news.bbc.co.uk/1/hi/england/linc ... 099315.stm

Its nice to see the courts giving equal punishments regardless of background

I've thought about becoming a magistrate - a definite now given this thread. I'm also convinced that I am always right. I should do well.

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PostPosted: Tue Nov 27, 2007 15:03 
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They were right to ban her - her pig headedness means that she continues to maintain innocence in the face of all the evidence. Well love it looks like this 'speeding biker' was the victim of a SMIDSY.

good to see a 'speeding kills' bias JP of the bench also.

Now if she had accepted the error that she made, then this chaps life may well have saved someone else. But as it is - she'll be back driving in 12 months none the wiser.


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PostPosted: Tue Nov 27, 2007 16:06 
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steve_k wrote:
Similar case but showing remorse and not a magistrate.

http://news.bbc.co.uk/1/hi/england/linc ... 099315.stm

Its nice to see the courts giving equal punishments regardless of background


Irony detected. The facts in each case do seem strikingly similar. Yet ex-magistrate Joan Brighton is charged with CD and gets 12 months ban whilst Lesley Mann is convicted of DD and gets 12 months jail (almost certainly a ban as well).


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PostPosted: Wed Nov 28, 2007 10:16 
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Rigpig wrote:
Approaching a junction along a main road on a motorcycle with a car arriving at the junction ready to pull out create, for me, the most nervy moments on a bike by far. I don't trust the car driver as far as I could throw him/her.


I agree I am usually ready for men pulling straight out at juctions without stopping , but women that arrive and stop for ages have either seen me or are waiting for me to get into the killing zone before she pulls out .

Sorry for the sexual stereotyping but In my experience men are less likely to stop and women dither at junctions.
I offer no opionon on which is the more dangourous manouvre .

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PostPosted: Wed Nov 28, 2007 11:13 
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but women that arrive and stop for ages have either seen me or are waiting for me to get into the killing zone before she pulls out .

Sorry for the sexual stereotyping but In my experience men are less likely to stop and women dither at junctions.
I offer no opionon on which is the more dangourous manouvre .


At the risk of getting beaten with the "sexist" stick.

One, erm, femminine manouver I have wittnessed time and time again goes like this.

1) Pulls up at T junction.
2) Ignores a perfectly good gap
3) waits
4)Ignores a perfectly good gap
5) <repeats steps2-4 a couple of times>
6) Pulls out right infront of oncomming vehicle!

:roll:

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PostPosted: Wed Nov 28, 2007 12:18 
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As I've posted before this IS how people learn to drive and is why a driver may appear to stop, acknowledge the rider, then wait until they are in the 'killing zone' before pulling out..

people basically learn as follows.

1 approach the junction, go through the gears to get to 1st ready to stop
2 stop and look right, left, right again
3 pull out if its safe
4 hit the motorcyclist that thought they had been seen only to find that they were going through the set junction routine that they have been doing ever since being a learner.

Its only at 'advanced level' that people learn to make their visual assessments on the approach to the junction. Looking while moving actually increases the chances of seeing something, as the brain get more information to compare, in addition to the better 3D perspective provided by the different reference points relayed by the eyes.

With respect there is a world of difference between emerging from a junction without looking versus pulling an illegal uturn on a busy main road - even if the net result is the same


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PostPosted: Wed Nov 28, 2007 15:09 
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Dusty wrote:
This isnt helped by Motorcyclists[...]who have their headlights on in the daytime (If the light is behind you, having the headkight on makes you invisible!)

So what do you think we should wear or switch on/off?

Or is this another attempt at trying to blame motorcyclists for accidents they don't cause, because car drivers can't be arsed to look properly? :furious:

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PostPosted: Wed Nov 28, 2007 15:25 
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BottyBurp wrote:
...because car drivers can't be arsed to look properly? :furious:


There's much more to it than that. Many of these crashes involve ordinary responsible motorists who are quite certain that they have looked properly.

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