Dangerous carriage of a passenger?

[huntergatherer]

I was stopped by traffic police who spotted my passenger open his door for a few seconds while the vehicle was moving and the officer gave me a FPN (3 points and £60) for dangerous carriage of a passenger. My partner asked (politely!) for an explanation of the charge and he threatened both of us with arrest for breach of the peace due to the distress caused to the police officers passengers who thought that there was a child unsecured and moving around in the back of the car. We believe that they mistook the movement of our dog (secured in the boot but still able to move about within that area) for a child and was unwilling to back down when it turned out this wasn't the case. I've googled the charge and the only references I can find are to people being stopped for having children unsecured in cars which seems to back this up.

 

I definitely plan to make a complaint about the police officer's behaviour but the question is should I just pay the fine & take the points or would I have a reasonable case if it went to court? The door was open a crack for a few seconds but it was opened by my adult, seatbelt-wearing passenger, we were travelling within the speed limit and both myself and the dog were safely secured also. Thoughts?

[sailor sam]

Hi and welcome to CAG

 

Personally I would of thought any FPN should have been given to the adult passenger. I know that the driver is responsible when it comes to kids but adult passengers are responsible for themselves when it comes to things like seat belts etc.

 

No doubt others will give an opinion but I don't remember coming across this before. I have to ask, why would anyone want to open a car door while moving? I know its sometimes down while parking but I can't think of any other reason.

 

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[afcwben]

I have opened a car door when moving, it was when we had started driving off and I realised I had not shut my door properly so I opened and shut it while moving

[crem]

I have opened a car door when moving, it was when we had started driving off and I realised I had not shut my door properly so I opened and shut it while moving

 

I think we have probably all done that at some time, and may well have been the reason it happened in this case.

 

I think the main point of defence though should be that a driver is not responsible for the adult passenger's use of the seat belt and it would follow that equally the driver cannot be responsible if an adult passenger opens a door. I think the police should have served the FPN against the adult passenger.

[raydetinu]

Yep I would defo challenge that and fight it in court.

If you do take your passenger with you as witness. jsut say as above you closing the door as not shut properly, happens all the time.

Ridiculous IMO.