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Archive through October 28, 2007Birdy30 10-28-07  05:16 pm
         

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Oldog
Posted on Sunday, October 28, 2007 - 11:57 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

HC glad that you did not take offense,

I did not get to "hunt up a LEO" for a conversation today, after reviewing the NC driving manual this weekend there is no listed method for reporting a near miss,
I wonder how did NY get the write a letter thing passed the statehouse?
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Oldog
Posted on Monday, October 29, 2007 - 02:46 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

please review and comment.
Honorable XXXXXXXXXXXXXXXXXXXX
NC State Senate
XXXXXXXXX
Raleigh NC NNNNN


10/28/07


Sir: [ Madam ]

I wish to bring a serious problem to your attention, As a concerned citizen of the state of North Carolina I have seen an alarming trend in near miss accidents due to driver distractions. I wish to list briefly the most common distractions and near misses that I see and provide some suggestions for improvement in public safety I will also add at this point that as a motorcycle rider the increasing auto driver inattention / distraction has been particularly dangerous for my self.

Common distractions I see.

Cell Phones - PDA’s
Reading - paperwork, magazines, circulars
Smoking / Eating


Bad driving situations I have seen because of this. These are just a few that I have encountered in almost all a phone or personal electronics are involved.

• Man driving SUV randomly changing lanes while speeding and talking on the phone.
He nearly cut off 2 motorcyclists We evaded him because we were aware of his approach

• Man driving sports car randomly changing lanes while speeding and talking on phone.
I evaded him by slowing and breaking .

• Man driving aggressively while talking on phone and smoking after nearly rear ending me at a traffic light.

With out signal I suddenly switched lanes to a median area while breaking abruptly
placing him in front of me reducing the hazard to MY safety. His response was to lean out
of his window turn around backwards to face me and start screaming obscenities at me, while
nearly rear ending the truck in front of himself.

• Man driving “Shriner” motor home and trailer changing lanes abruptly with out signal and running ME into median area to brake and evade,
I was moving slightly faster to over take the vehicle and had been clearly in his mirror for
well over 1 minute on a 4 lane road. My intention was to move away from the
coach/trailer

• Woman driving SUV engaged in a animated conversation phone in one hand, suddenly releasing the steering wheel to shake her hand in the air in a gesture of irritation
I was in traffic beside and just beside her with no escape if the vehicle had swerved.

• A young woman possibly a mother driving erratically, dividing her attention between the front seat and driving (majority to the seat area). Being concerned that she may have been a young mother with a seriously ill infant or child. I risked close approach to her car, to offer My assistance.

Only to find a laptop computer open and running on the seat, an open book over her knee and papers spread out on the seat and dash board for perusal !

• A woman driving a small sedan in down town Wilmington NC phone in hand sitting at a GREEN light, long enough for me to ride out of site. With rush hour traffic backed up behind her.

• In a steady rain a car crossed 2 lanes of traffic with no lights on and no signals, In my lane Taking half of it next to me at about 35mph crossing right to left 2 feet in front of me
This happened so fast as to be un avoidable had the car contacted my front wheel I would have been spilled onto NC 132 in Wilmington in traffic probably resulting in either serious injury or MY DEATH
}In that the wide spread use of various personal electronics, our over scheduled culture, and a general trend away from courteous safe driving I would like to propose several ideas for your consideration. These would be aimed at assisting law enforcement in identifying poor drivers for retest or temporary suspension of driving privilege until competence can be demonstrated.
In other cases where a law was violated, that endangers another motorist that a citation may be issued

1. “Citizens complaint”
A signed letter from an individual describing a violation, giving: Time, Date, What happened, Tag number, and if possible a description of the offending driver. AND THE COMPLAINERS DRIVERS# to a special DMV unit, The unit could require a retest for the offending driver, for competency, ( failure results in suspension ) possibly a discussion of the alleged infraction with the individual

There will need to be a clause that states that persons who abuse / misuse this facility ( ie person turns in EX spouse repeatedly , or write fictitious reports against a person are subject to CIVIL and or Criminal proceedings for misuse ) NO anonymous letters will be acted upon
the discussion would be used in the event of multiple complaints in a short time span.




2. “Electronic witness”
A number of auto and motorcycle enthusiasts outfit their vehicles with video movie cameras
A video of an offense by a citizen where the tag / vehicle are clearly visible may be used by the
area law enforcement agency for citation / prosecution of the violation provided the video after BRIEF EXPERT SCRUTINY is deemed “not a fabrication”

3. Harsh penalties for endangering / injuring motorcyclists, and bicyclists.
Even a minor contact between an auto and a cyclist will have drastic consequences for the cyclists. Perhaps if drastic consequences were to befall the motorist this may help reduce accidents.
a. In a crash with moderate / serious injuries involving a cyclist where the cyclist is not eluding the police or in blatant violation of the law ( ie 150 mph in a 55 )
• mandatory minimum 30 day suspension of driving privilege and driving school / retest 5 points for auto driver.
• 5 year restricted driving privilege after.
• minimum 5,000$ fine
• Maximum 10 year loss of driving privilege
• Maximum 100,000$ fine
• 5 years in prison
• IF DUI 5 years min prison permanent loss of privilege 50,000$ fine
• Defendant subject to Civil action by cyclist or next of kin.

b. In a near miss or minor accident ( very minor injuries to the cyclist) where the cyclist is not eluding the police or in blatant violation of the law ( ie 150 mph in a 55 )
• mandatory minimum 10 day suspension of driving privilege and driving school / retest 3 point
• 1 year restricted driving privilege after.
• minimum 500$ fine 5,000$ maximum fine
• IF DUI 5 years min prison permanent loss of privilege 50,000$ fine
• Defendant subject to Civil action by cyclist or next of kin.
• Victim / Officer may elect to drop charges for near miss .


“RESTRICTED DRIVING”
Restricted driving is defined as only the driving ABSOLUTLY necessary to maintain employment and care for family,
Example:
Man is placed on restricted driving he is allowed to drive to and from work, ½ day 1 day a week for grocery / doctor, The ½ day will be a Saturday or a Wednesday no other driving is permitted.
This man may drive for a dire emergency ANY MOVING VIOLATION will result in loss of driving privilege for remainder of restriction period ( IE speeding ticket )

In the event that the defendant’s job requires regular driving privileges for work alteration of the restriction with a larger fine could be ordered by the Judge.
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Rich
Posted on Monday, October 29, 2007 - 05:48 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Cell phone Nazis.

Don't do it.
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Cochise
Posted on Monday, October 29, 2007 - 07:26 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Looks good, Jim. Let us know the response you get. I don't expect it to be a great response, something probably on the lines of, we'd be happy to look into it, but our Police are so busy protecting the community.
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Ratyson
Posted on Monday, October 29, 2007 - 10:52 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I guess the only problem I could see with this (and I think this is a good letter), is that there is no "fair trial" available prior to a punishment being handed out. If there is no evidence other than a letter, or call in, describing the incident, I'm not sure how this could be constitutional.

I know you covered abuse of the system.. but how would an abuse of the system be uncovered?
Heck, I could call in my neighbor a couple times just to inconvenience him and never have a problem getting caught.

I do think that there should be stiffer penalties on people who push bikes out of their way just to get a lane. and that if these actions are caught on tape, or witnessed by others, there should be a definite avenue to report that. In these cases, there is evidence that the event took place, and should be admissable as evidence.

(Message edited by ratyson on October 29, 2007)
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Diablobrian
Posted on Monday, October 29, 2007 - 12:45 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'd expect more along the lines of "We'd look into it, but I'm too important to even consider
putting away MY cell phone while I drive, I'm Sen/rep so and so!"

If they wouldn't say it, that would be hidden between the lines. Those with the power to make
the change are those that feel they have most to lose.

(Message edited by diablobrian on October 29, 2007)
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Buellerandy
Posted on Monday, October 29, 2007 - 01:40 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

You mean they don't hand out cell phones once someone passes they're road test?

:P
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Oldog
Posted on Wednesday, October 31, 2007 - 08:47 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Final version sent to state house and senate by e-mail.

responces will be posted stay tuned,
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Oldog
Posted on Thursday, November 01, 2007 - 10:23 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

bump
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Ryker77
Posted on Friday, November 02, 2007 - 08:16 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Perhaps an Insurance company tip off method. These drivers are responsible for well over 80% or more of the wrecks and probably all of the fatality.

So if the government will not help - perhaps we could report bad driving to the insurance compaines. A quality video clip would be perfect.

Hopefully a company will produce a cost effective front and rear camera system with sound recordings. I'd pay 3-500 for it. Once again the insurance company should offer a discount for the video.


--
But recall what redlight cameras do for saftey. People will stop on the yellow QUICKLY. So if the driving population becomes mini-cops with cameras then people might drive TOO safe. Creating other wrecks and causing more traffic jams...????

--
We just have too many cars driving on roads designed around the 1950's driving style
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Oldog
Posted on Saturday, November 03, 2007 - 04:01 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

UP DATE


I got a bounce message and have re sent the letter

I got time to speak with a LEO a little while ago,

IN NC you can call / write in a tag# for an event, as with NY you must supply your info and file a complaint through the police departnent, it is then handeled as a criminal issue( speeding dui etc...) You are the DA's witness in the case....

I told the LEO about the blonde in the honda, He told me I should have called it in.

I asked about the helment cam idea he seemed to think it was ok,

This is a positive thing, I positively will have A pen, paper and cell phone in my posession from now on,

CUT ME OFF or the like

I positively will turn you in its that simple
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Ryker77
Posted on Saturday, November 03, 2007 - 08:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Karma might get you! Becuase Nobody is a perfect driver.
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Oldog
Posted on Monday, November 05, 2007 - 12:42 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I have paid my karmic points [ karma shmarma ] my truck was in the shop for an accident that I was at fault in, when the near misses happened.

IF I get turned in then maybe

I need to revisit the driving test NC driving laws??

I am considering the 1k outlay for a POV1 helmet cam for this use, and I would give my left nert to get another honda girl on video

I know that WE do our best to watch out, that still does not mean that we will see them all coming..
Its the 55 mph in the rain no lights on no signals lane splitting in the car A$$hats / squeeze me out no looking bus driver that I am tired of!

rant off......

(Message edited by oldog on November 05, 2007)
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