Driver escapes ‘drive through’ prosecution on technicality

The road safety team in Northumberland has experienced frustration as a driver escaped prosecution on a technicality after ‘driving through’ a school crossing patrol.

"The police were prosecuting the driver who had gone through a patrol in Berwick but the case was thrown out of Court because the black and yellow panels on the pole were not within the regulation sizes," explains Linda Hall, RSO. "The driver’s solicitor was very pedantic in checking the whole uniform and unfortunately he found errors on the colour banding of the pole."

The first panel measured 280mm (5mm out), the second 283mm (2mm out), the third was fine, the fourth measured 265mm (20mm out) and the fifth was fine.

The regulations covering the SCP pole state that: ‘The pole shall be coloured with alternating black and yellow bands of equal size and not less then 285 nor more than 315 millimetres deep and with a black band uppermost below the roundel.’

"Our signs were purchased from Bristol Oil Skins who are aware of the situation and have been helpful in trying to bring about a prosecution," Linda Hall adds. "It is important that manufacturers of SCP signs make sure each colour band is within the regulations to stop this happening to other authorities.

"It's difficult enough to get errant drivers to Court but to have the case dismissed because of something so ridiculous is exasperating," she concludes.

For further information contact Linda Hall on 01670 533966 or LHall@northumberland.gov.uk.

FOOTNOTE:
Bristol Oilskin & Overall Co.Ltd has responded with the following statement :

Since the manufacturing of SCP uniforms in 1953 we have always endeavored, without compromise, to insure that all standards and regulations are meet in full.

This is reflected in the fact that all garments are officially tested by an approved British testing house and therefore carry full certificates of test. Equally we are one of the only companies to have had the old specification signs officially dimension tested by the BSI and hold certification. As you would expect our new sign will shortly be tested to the latest regulations.

To this end we cannot explain why the bands on this old pole have varied, and can only offer that this was a rogue batch supplied to Northumberland. In addition since the new regulations we have been double checking all bands on signs.

Coincidentally a prosecution involving a driver who fatally injured a SCP, last year, again the driver escaped any conviction because the sun was in his eyes. Worrying as our sign, hat and coat all fully conformed and the SCP was working with advanced warning signs and on a Pelican crossing.

We are concerned by this and that millimeters should make such a difference particularly once in the working environment. For example how many signs in use have either been cut down or the top of the sign face is worn !!!

Should anyone require further information or have any questions please contact either Tony Rosser or Andrew Fox at Bristol Oilskin & Overall Co. Ltd. Tel: 01934 414142 or e-mail af@foxwear.co.uk