For those who lead a run...

[rhubarb]

You might have already seen this as it's cross posting a number of forums but if not

Whilst it is about a motorcyclist, it basically says it could apply to any run.

'Motorcyclists at the head of a group of riders will face stiffer penalties for speeding under a crown court ruling.

Being the lead rider in a group is an aggravating factor making you partly responsible for speeding offences of those behind you according to the decision.

The ruling can be applied in any future cases where two or more motorcyclists riding together are accused of speeding. The head rider might be only a few mph over the limit but could be given the same penalty as the worst offender behind.

Road traffic solicitor Robert Dobson said: “Any crown court decision can be stated in future cases. This is potentially a very dangerous judgement for motorcyclists.

"Riders in a group change position frequently.

“If you are riding at the front any group at excess speed, then the very fact you’re at the front is an aggravating factor.”

Ken Clark, 49, reached 85mph on his Yamaha R1 while leading a group of three riders on the 60mph A272 near Rogate, Sussex, last June.

The speed is within the usual threshold for a fixed penalty of three points and a £60 fine.

But Chichester Crown Court ruled he should receive the same penalty as a following rider accused of going 103mph.

Barrister notes on the ruling given to Clark after the hearing state: ‘Although his was the lesser speed, [the bench] found it an aggravating feature that he was the lead motorcyclist, was setting the pace and he knew that the other two motorcyclists would want to catch him up and would be speeding to do so.’

The court rejected Clark’s appeal against six points, a £100 fine and £250 court costs.

Clark said: “This should have been three points and a £60 fine but so far it’s cost me £2,500 including solicitors’ bills and I have six points on a licence which has been clean for the last 24 years.”

Clark’s solicitor, Philip Somarakis, said 103mph was the speed reached by a police officer on an unmarked bike while tailing Clark's two friends, but the prosecution accepted it was not possible to prove from video evidence that Clark himself had exceeded 85mph.

“The gist of the ruling is that to be a lead motorcyclist makes you somehow responsible for the actions of those behind you,” he added. '

The courts will obviously be able to use this verdict against car drivers as well.

Up until now anybody out on a drive with a group has been 'responsible for their own actions' but this ruling has now moved the goal posts.

If you are an organiser of a run then you are normally at the front, so this ruling has serious implications for you

[pvr]

Point to remember that it was only relating to the severity of the penalty, not the offence itself.

I.e. you have to be speeding at the front to be caught first, then you get a more severe penalty. If you did not get caught committing an offence, you won't get charged.

In other words, if the leader is doing 30 in a 30 zone, but the person behind is doing 50 - the leader will NOT get "done". If however, the leader was doing 40, then he would be in trouble.

[Phil]

Doesnt sound fair to me.
A bit like those 2 guys sentanced to 3 years and extradited to Cyprus for being in the back of that car that killed someone.

[Zedologist]

Well that shouldnt be a problem for most of us, as we always stick to the speed limits......

[Nick]

I have always thought that the least power car/bike should lead. Trying to catch up without power to spare can mean pressing on a lot.

Of course the second car in the convoy usually sets the pace and should be blamed!

[pvr]

Don't give them any ideas ...