Run in with an undercover garda

Undercover Elephant

Lumen wrote: »

Incitement? What law is that?

Might be Section 6 of the Criminal Justice (Public Order) Act 1994.

It shall be an offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned.

A bit hard to prove if you ride off, I'd have thought.

Lumen

Undercover Elephant wrote: »

Might be Section 6 of the Criminal Justice (Public Order) Act 1994.

Hmmm, more likely to be covered by "disorderly conduct" in section 5...

Act wrote:

Disorderly conduct in public place.

5.—(1) It shall be an offence for any person in a public place to engage in offensive conduct—

(a) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

(b) at any other time, after having been requested by a member of the Garda Síochána to desist.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

(3) In this section “offensive conduct” means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

So, it's OK to be disorderly outside the hours of midnight and 7am, as long as you don't continue after a member of the Garda Síochána has asked you to desist.

Warning from plain clothes surely doesn't count until they've properly identified themselves, mens rea and all that.

littlejp

ednwireland wrote: »

i prefer not to remove one of my senses when i'm cycling

like to hear cars when they come up behind me

I find nothing wrong with having music on at a reasonable level. I can still hear all the traffic around me and have full awareness of what's behind me.

GSF

Thread title is wrong - "undercover garda!" - plain clothes more like. Unless the OP is claiming entrapment

Canis Lupus

TheBunk1 wrote: »

I'd be pretty sure you're not going to hear anymore about this but wtf were you doing cycling around with you're headphones on? Accident waiting to happen

OT but this annoys me as much as being told I should wear a helmet. :mad:

Hermy

littlejp wrote: »

I find nothing wrong with having music on at a reasonable level. I can still hear all the traffic around me and have full awareness of what's behind me.

What's a reasonable level?

Zulu

Zulu wrote: »

<snip>

Apologies OP, my post was a personal attack that wasn't meant as a personal attack if that make any sense what-so-ever.
Anyways - sincerest apologies for offence caused.

littlejp

Hermy wrote: »

What's a reasonable level?

A level where I can hear the music but still hear traffic... obviously.

Hermy

littlejp wrote: »

A level where I can hear the music but still hear traffic... obviously.

Obviously!:D

CramCycle

CramCycle wrote: »

To be honest you were lucky it was the gardai, plenty of lads with a mate in the passenger seat who would think nothing of beating 7 shades of sh1t out of you for being a d1ck when they were giving you a warning.

Plenty of cyclists who they'd regret trying that on too

nak

nak wrote: »

He laughed and went into shop, the garda came up to him again and told him his attitude stank and he would get arrested if he saw him doing anything out of line again. A bike is a vehicle, so you can't walk with it on the road or pavement. Using on-street bike parking must be illegal in that case.

I've been told that helmets are a legal requirement, as are lights at 10am on a sunny summer's day. A friend was told that there was a €500 fine for cycling along the luas tracks at harcourt st. Funnily enough they didn't try and fine him.

All those Gardai sound like grade A muppets, lots of grade A muppets got into the Gardai during the boom.

xz

RoverJames wrote: »

All those Gardai sound like grade A muppets, lots of grade A muppets got into the Gardai during the boom.

Those "muppets", at the end of the day have a job, which I,personally do not envy. Everyone has off days, do you do your job "perfectly" everyday?
Why do people assume, that when someone beeps their horn at you, that they are being beligerent towards you, this actually sounds like a case of a driver, who happened to be a Garda, beeping his horn to "WARN" of his presence (some motorists, do actually do this, you know), only to be met with the bird being flipped at him.

And on a similar note, when I was learning to drive, I was taught that flashing your lights at another driver was a "WARNING" to them of your prescence, not an invitation to pull out in front of you.

Think I'll go over to Motorists, and start a Friday thread, I'm feeling that way today.


Oh, and getting back to my quote from you, not everyone is the right person for the job in which they are doing, responsibility and dare I say power, just goes to some peoples heads.

Lumen

xz wrote: »

And on a similar note, when I was learning to drive, I was taught that flashing your lights at another driver was a "WARNING" to them of your prescence, not an invitation to pull out in front of you.

You were taught wrong.

You should never flash your headlights as the signal is ambiguous. If there is subsequent crash you may find yourself at fault for doing so.

Chips Lovell

I've already had to issue warnings to two people on this thread and I'm running out of yellow cards.

This is not a garda bashing thread. Do your garda bashing on the garda bashing forum --->

Thanks.

xz

xz wrote: »

Those "muppets", at the end of the day have a job, which I,personally do not envy. Everyone has off days, do you do your job "perfectly" everyday?

Well for a start any Garda who reckons that
- A bike is a vehicle, so you can't walk with it on the road or pavement.
- That helmets are a legal requirement,
- as are lights at 10am on a sunny summer's day.
- there is €500 fine for cycling along the luas tracks at harcourt st.

is a muppet, I wasn't referring to the Garda who dealt with the OP by beeping his horn at him.

xz

Lumen wrote: »

You were taught wrong.

You should never flash your headlights as the signal is ambiguous. If there is subsequent crash you may find yourself at fault for doing so.

Well maybe my instructor learned his trade in the UK, its in their highway code:rolleyes:

From the "SIGNALS" section of the British highway code :110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

xz

RoverJames wrote: »

Well for a start any Garda who reckons that
- A bike is a vehicle, so you can't walk with it on the road or pavement.
- That helmets are a legal requirement,
- as are lights at 10am on a sunny summer's day.
- there is €500 fine for cycling along the luas tracks at harcourt st.

is a muppet, I wasn't referring to the Garda who dealt with the OP by beeping his horn at him.

-A bike IS a vehicle
-No, helmets are not a legal requirement, but is a common misunderstanding (yes, i know the Garda should know)
-Lights are a legal requirement at night,but, even motorists are encouraged to use their dipped lights during the day, but as, yet is not a legal requirement.
- This one I have no idea about, but why would you cycle "along" the Luas tracks, surely the safest place is "alongside", so I'm sure there might be a fin for cycling "Along" the Luas track

dited

xz wrote: »

Well maybe my instructor learned his trade in the UK, its in their highway code:rolleyes:

Highway Code wrote:

110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070289

xz

dited wrote: »

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070289

yeah, I know, I re-edited my post, but I was still right in their use as a warning to your prescence

Lumen

xz wrote: »

Well maybe my instructor learned his trade in the UK, its in their highway code:rolleyes:

From the "SIGNALS" section of the British highway code :110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

Since it's a common convention for people to flash headlights as a signal to proceed or as a rebuke, the instructor should have taught you not to use the signal at all.

Theory != practice. Bad instructor.

xz

Lumen wrote: »

Since it's a common convention for people to flash headlights as a signal to proceed or as a rebuke, the instructor should have taught you not to use the signal at all.

Theory != practice. Bad instructor.

So how come I'm accident and claim free in over 11 years of driving, or am I just lucky.........which is more than can be said for my cycling, 2 crashes already this year, 2nd one I have just got over my 5 broken ribs :rolleyes:

But the common convention is wrong, so I would say instructor was not bad

Lumen

Lumen wrote: »

Theory != practice. Bad instructor.

..... and bad instruction leads to...........

xz

RoverJames wrote: »

..... and bad instruction leads to...........

Bad choice in vehicle!!!.............. I jest

xz

My bad, this thread has gone completely OT

ClareVisitor

littlejp wrote: »

A level where I can hear the music but still hear traffic... obviously.

The kind of logic that gets people knocked on their arse. If they're lucky.

Hal1

2 points and an €80 fine, oh wait...:o. You'll be grand .

littlejp

ClareVisitor wrote: »

The kind of logic that gets people knocked on their arse. If they're lucky.

How do you figure? I can still hear everything around me. Have been doing it for years and never been knocked on my arse as a result.
If it was dangerous, surely it would be against the law.

ednwireland

Hal1 wrote: »

2 points .

on your cycling ireland license

Lumen

littlejp wrote: »

If it was dangerous, surely it would be against the law.

It isn't against the law to smash yourself in the face with a hammer.

littlejp

Bit of a difference there, don't you think.