Road rights

T HE importance of contacting your solicitor as soon as you are notified that police are investigating a matter cannot be overstressed. If we are contacted at an early stage there is always the chance that we can prevent a prosecu- tion taking place. On February 20 2003 a bus driver from Northumbria was involved in a road traffic accident. Tragically the occupants of the car that collided with the bus, an elderly couple who were retired professors, both died. The accident was investigated by Northumbria Police. Nearly four months later, the member received a letter from the police. This letter stated: ‘After careful consideration of all the available evidence the Crown Prosecution Service have decided that no further action will be taken in this matter.’ However, the relief felt by the member was short-lived because in July 2003 he received another letter from the police that Your rights on the road Roy Parfitt of RMT solicitors Kaim Todner explains why you should contact your solicitor if you are being investigated over a road accident 22 unless, or until, parliament passes a law granting them more power than is held by an ordinary citizen. Neither the police, nor the Crown Prosecution Service, can inform people that they intend to carry out a course of action and then go back on that 'promise' without good and sufficient reason. No evidence In this case it was difficult to see how, when all the evidence had been considered by June 12 2003 and there was no evidence of any offence being committed, that this position could have changed by July simply as a result of representations made by members of the family who did not themselves witness the accident. Whilst it could be understood that the family were suffering anguish as a result of the loss of their parents they could not give any evidence with regard to how the accident happened. What appears to be lost by police when they are investigating accidents that involve a loss of life is that everybody is a ‘victim’. Whilst the accident was no fault of the member he still lives with the memory that he was involved in an accident in which two people died. Kaim Todner was informed by RMT of difficulties within days of his receiving the second letter. As a result we were able to approach the court and argue that it would be 'vexatious and improper' to issue the member with a summons for careless driving as a result of the original letter. We were also, thanks to RMT, able to attend the Coroners Court and represent the member thus ensuring that he was not put in a position where anything he said at the Coroners Court would not affect his position with regard to the criminal allegations being made. Legal wrangle In the event our argument was accepted by the magistrates' court and the court held that it would be wrong in all the circum- stances to summons him for the offence of careless driving. This, as can be imagined, was a very good result as he would not have to appear at court and relive the nightmare of the accident in public. However, for reasons that are still not clear, although it was abundantly clear that the family of the elderly couple were still putting pressure on the Crown Prosecution Service to prosecute, the CPS decided to appeal the decision of the magistrates' court to the Royal Courts of Justice in London. As a result the member had to wait until June this year, nearly 16 months after the accident, before he knew for certain stated, ‘I have been notified that following representation by the deceased’s family to the Crown Prosecution Service, the case has been reviewed further and it has been decided to prosecute you for the offence of careless driving.’ Representation Fortunately, the union representative was on the ball and we were notified and sent copies of the two letters almost immediately. The majority of police officers, and members of the Crown Prosecution Service, appear to believe that we live in a ‘police state’ which allows them to make the rules up as they go along. This however is not the case. The police, and the Crown Prosecution Service, in exactly the same way as other members of the public, have rules and regulations with which they must comply. A police officer has no more power than any ordinary citizen RMT news – Bus 23 whether he would be prosecuted as a result of the accident. It was with enormous pleasure that we were able to inform the member that the High Court agreed with our arguments, that at long last the legal wrangle was over and we could assure him that he would not be prosecuted following the accident. Whilst there were possibly other legal arguments that could have been in this case after the summons had been issued there was no doubt that the best way of dealing with the case was to prevent the summons being issued in the first place. This was only possible because RMT informed us of the difficulties faced at a very early stage of the proceedings. Contact your solicitor It cannot be overstressed how important it is that if any criminal allegations are made against RMT members, their family or friends then they should contact us at the earliest possible opportunity. We can assure individuals that they will not be charged for the initial telephone call although dealing with the matter at the earliest opportunity can save an awful lot of heartache. RMT news – Bus NOTIFICATION OF RESULT OF RMT POLTICAL FUND REVIEW BALLOT The union will also, on request, supply a member with a copy of the report either: The Independent Scrutineer’ report (Electoral Reform Services) have declared the following result for the ballot, which closed at 5pm on Friday 26th November 2004, is as follows:- Number of voting papers distributed for the purposes of the ballot 64,951 Number of voting papers distributed under rule 21 of the Political Fund Review Ballot Rules 26 Number of voting papers distributed after the date when counting began 0 Number of voting papers returned as undelivered 365 Number of voting papers not used 1,175 Total number of voting papers returned 23,989 Turnout 36.9% Number of spoiled voting papers returned 18 Thus, number of valid voting papers counted 23,971 QUESTION: THE RESOLUTION is that the political objects set out in section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992 be approved as an object of the Union. Do you vote in favour of the Resolution? RESULT Number voting YES ......................... 21,131 (88.2% of valid vote) Number voting NO ........................... 2,840 (11.8% of valid vote) ________ TOTAL 23,971 (100% of valid vote) The union will on request and free of charge, supply a member with a copy of this report. NOTIFICATION OF ENTITLEMENT FOR EXEMPTION FROM THE RMT POLITICAL FUND In accordance with rule 5A each member has a right to be exempted from contributing to the union’s political fund; a from of exemption notice can be obtained by or on behalf of a member either by application at or by post from – (i) the head office or any branch office of the union; or (ii) the office of the Certification Officer.