Imperial Winter Series Race 3

A balmy 11 degrees but with a fairly stiff south-westerly wind and with the skies changing from bright to threatening as the race progressed and some light rain eventually appearing.  The 3rd cat race was not that full, probably about 30 of us.  At the start line Richard C requested a more exciting race than last week.  I was sorry not to be able to oblige.  For me it was just dipping my toe gently back into racing after 3 months recovering from a spill.  Here I felt safe sitting in towards the back regaining trust.  Far ahead there were some attempts to form a break with one group of six making some promising headway at one point into the wind on what is now the home straight.  I was a bit over anxious about the final bends close to the finish and went into them last and crossed the line just behind the bunch.  I was happy to have finished and that everybody remained upright.  Objective over the coming weeks is simply to regain some confidence.
After I remembered to turn the Garmin on about a lap in, we did 25 miles in a smidgen over an hour.  Average 24.7 mph.
Results and report should be here shortly

Legal Update R v Beiu; R v Aydogdu

This afternoon two juries in two separate London Crown Courts have delivered their verdicts in cases which have involved Defendants that have been (allegedly) responsible for causing death and very serious injury to two cyclists.

On 4th November 2011 Mary Bowers, a journalist with The Times, was struck down by a left turning lorry at a light controlled junction very close to her workplace in Wapping.  The lorry was being driven by Petre Beiu.  The evidence placed before the jury included that Ms Bowers was visible to be seen in front of the lorry for many seconds before he overtook her and turned left across her path; that Mr Beiu was talking on a hands free telephone at the time and that in the aftermath of the collision he jumped out of the cab leaving the handbrake off so that the lorry continued to roll over Ms Bowers.  Ms Bowers sustained devastating injuries which are seriously underestimated by describing her brain injury as 'significant'.

The jury decided that Mr Beiu was not guilty of dangerous driving.  They convicted him instead of careless driving - an offence which he had accepted, though the Judge had still left the jury with the option of acquitting on that charge as well.

Mr Beiu was fined £2,700 and banned from driving for (just!) 8 months.

On 6th August 2011 Sam Harding was riding his bicycle in a bus lane along Holloway Road.  As he passed a parked car, Mr Aydogdu, opened the door (wide according to the prosecution and a crack according to the Defendant) into the path of Mr Harding who hit the door and then was struck by a bus.  It transpires that Aydogdu had applied some reflective coating to his side windows which blocked 83% of the light.  The jury this afternoon decided that Mr Aydogdu was not guilty of the manslaughter of Mr Harding.

Following on from the case of the Townend brothers, these cases must give rise to concerns over how seriously the average jury considers the obligation not to endanger cyclists.  A jury reflects the society from which it is drawn and whilst cycling remains stuck at a modal share of 2% of journeys it is going to be an exceptional jury that contains even one regular cyclist.  That should change, if and when the proportion of cyclists on the roads increases.  However in rather a catch 22, the number of cyclists on the roads is inhibited by the apparently low value that the legal system appears sometimes to place on the value of the life of a human whilst cycling.

I commented at the time that I considered that the decision in the Townend case was perverse (the jury acquitting the Defendant of even causing death by careless driving); the verdict in the Bowers case is astonishing and to be honest the result in the Harding case was, to me, not unexpected.

In the Harding case it appears to me that tragically a combination of factors combined to result in the tragic outcome.  First, Aydogdu's daft decision to coat his windows so as to restrict his ability to see out (and that of others to see in).  Second, the pressure that cyclists often feel under to ride too close to the left.  In February (after Mr Harding's tragedy) The Times, as a part of its campaign published a 'Guide to Safe Cycling' which included advice to cyclists to look in wingmirrors and windscreens of parked cars to see if anyone in the car might be about to open a door.  NO!  The correct advice is DO NOT RIDE IN THE DOOR ZONE.  If for some extraordinary reason (narrow road, oncoming bus for example) you have to then slow to a walking pace.  At the time I advised discarding the Times guide in favour of  British Cycling's 'Effective Traffic Riding'.  Nonetheless there is definite pressure remaining on cyclists and encouraged by most cycling 'infrastructure' that deters many of us from adopting the safest riding position in the centre of our lane.  Third the opening of the car door which must have been done without careful observation even if the jury determined it was not gross negligence.  Fourth the bus driver (though exculpated by the prosecution at Aydogdu's trial) should have been holding well back behind a cyclist or ought to have been giving him a car width's space if overtaking.  I do not know the detail of the evidence but it seems to me surprising that a cyclist falling into the road would be run over by a bus if best driving practice was being followed.  Sadly my experience commuting in London is that very often buses get much much too close.  This tragedy illustrates why they (and others) must not do so.

It is important to recognize that the correct charging decisions were taken in each case.  The fact of acquittal does not in any sense indicate that the bringing of the charges was not justified.  Far too often I have had cause to complain in these pages that the appropriately serious charge was not pursued and it is only right to acknowledge that the police and CPS have been conscientiously doing the right thing in the cases I refer to above.



In the blowing ambiance of the law, to accurate any abridgement of confidence, vulnerability or self-doubt has commonly been admired as weakness. Many women attorneys who were admired as reliable and 100% able al of a sudden acquisition that their charge is challenged (through no accountability of their own) if they alpha a family.

So, what would it yield for you to become the advocate you wish to be?

Refocus on what is absolutely important to you. Build your animation and re-energise.

Action Steps

1. Make a account of aggregate that is important to you about your career. What accept you accomplished over the endure 5 years? What are your strengths and weaknesses? How can you about-face you weaknesses into strengths?

2. What would getting a advocate on your agreement attending like? How would your activity be different? Spend 10 account cerebration and autograph down your goals - short, average and continued appellation

3. Account all the things that are acceptable to block your advance

4. Separate the blocks into those that you can access and those that you cannot

5. Decide to let go of aggregate out of your ascendancy

6. Concentrate and alone use your activity on those things that you can access

7. Commit to demography one baby footfall every day appear your goals

8. Remember to be acknowledged you charge both abstruse and "soft skill" ability

9. Review your advance consistently

10. Enlist the advice of a coach (inside or alfresco your organisation). Use them as a aural lath and cheerleader to activation you on or accord you that added addition if your aplomb dips.

Use these 10 accomplish to become the advocate you wish to be in 2009!

Understanding the Lawyers on Retainer Concept

In this life, humans cannot do after the casework of a acceptable lawyer. Crime happens accustomed about us. Sometimes we acquisition ourselves in attenuate situations that accomplish us ache unfairly. Added claimed affairs such as bankruptcy, absolute estates and mortgage force us to appoint lawyers. In one word, acceptable attorneys are actual imperative. Dealing with attorneys is not a simple thing. Abounding issues apropos hiring attorneys are acute and they appear first. For example, you abounding acquisition yourself hiring attorneys on retainer. These attorneys are not any altered from those you know.

The attorneys alone ask for a accommodation fee so that they can accord you their services. What is a accommodation fee? This blazon of a fee is on alternate basis. It is altered from the accustomed accuse you pay a advocate because of arresting your position in court. They cover the following:

• Consultation fees - Afore you can alpha alive with a accustomed lawyer, you accept to set a few accessories with him or her.

• Analysis plan - After alert to your ancillary of story, your advocate spends some time accomplishing analysis to advice you. You will accept to pay for his or her time.

• Interviews - as the advocate studies your case, you and him or her will attending for accessible witnesses. Then, your advocate has to conduct an account with anniversary witness. Most attorneys wish to accept a pay for their time.

Lawyers on accommodation wish alone to ascertain your calmness in the absolute procedure. That is why they will ask for a specific drop first. When searching for this affectionate of a lawyer, appraise your account first. Most humans admiration to save up money in acknowledged affairs as abundant as possible. You should attending for a cheaper alternate amount lawyer. Some humans do not yield it kindly. However, if you anticipate about it, you put abreast huge amounts of money as down transaction for the assets you love.

If you plan to appoint a advocate about a case accompanying to the aforementioned assets, you should not feel bad if ask to pay a accommodation fee. A accommodation fee is just a baby drop compared to added types you accept paid before. The added you debris to pay the fee, the added you adjournment your justice. Even so, yield your time to baddest a acceptable lawyer. There is a big adventitious that you will array out acceptable attorneys from bad attorneys if you yield your time. When you acquisition a acceptable lawyer, accomplish abiding that all accommodation agreements are in writing.

Then you and your advocate should assurance the document. This is a acceptable way of architecture a accord with the attorney. The certificate should authenticate how the advocate allocates the money through out the acknowledged procedure. You should not plan with any lawyers on retainer if they cannot chase the certificate stipulating your agreements. The best abode to attending for these attorneys is the Internet. Abounding attorneys who could affidavit their ability exist.

Feed Dog Food to All the Lawyers

Have you anytime noticed that Attorneys are not such nice people? It is because they do not reside in the absolute world, but rather a apple of cheat captivated in a façade of absurd words and dribble? Obviously they are not blessed active in this apple and abrading the chrism of association for their own claimed accretion after accouterment any abundance to our blue-blooded acculturation in anyway.

There is apparently not a added dog eat dog apple than the affected apple that advocate reside in. Some say they are the affliction of the affliction and account beneath than a dog turd, while added say that they are alone a all-important angry and allotment of all that is bad with the abuse of the world. I accept a band-aid to acquiesce the attorneys to see the accuracy about who and what they are. Never acquiesce them to eat annihilation but dog aliment during their break actuality on Earth. This is fair as some say they are dogs anyway.

Of advance all the attorneys anticipate they are God? Perhaps they are both appropriate and the attorneys are alone dyslexic and apprehend "Dog" backwards? You apperceive how they accept such a way with words in their alloyed up world. So what alloy of dog aliment should we augment them now that you agree?

Well no faculty in agriculture them science diet or any of the big-ticket being and no allegation to anguish if the meat comes from affliction beasts or those with Mad Cow disease, as we do not allegation them anyhow and may as able-bodied accord them the debris of our society. What do you think? Oh, by the way I am not joking, not one bit and if I were in allegation I would accomplish it law. Trust me! Vote for Lance.

America - By the People, For the Lawyers!

In our founding abstracts it states that the United States of America is a nation congenital by the humans and for the people. Unfortunately a lot of of the laws in our association and acculturation accept been adapted by attorneys and sometimes in a egoistic way. One contemptuous getting in our online anticipate catchbasin stated; "America; By the People, For the Lawyers!"

Of advance anon one of the attorneys in the accumulation labeled him a contemptuous person, which he anon accepted freely. But he said; "just because I'm a carper does not beggarly I am not correct." So the catechism is what do you think? This is an commodity of authentic assessment as you can tell.

Are we still a nation congenital by the humans and for the humans or are we a adapted hybred; getting congenital by the attorneys and for lawyers. If attorneys accomplish our laws and we accept to appoint a advocate to acquaint us what those laws are and again appoint addition advocate if those laws are aback or accidentally torn again who are we absolutely serving; ourselves "The People" or the attorneys to whom we accept to pay money to for admonition on how to reside or run our businesses.

The carper in the accumulation appropriate that in his business, which is a acknowledged architecture firm, he had to alarm his advocate every time he capital to use the aggregation bathroom to accomplish abiding it was okay? Indeed, it has not got that bad yet, but it absolutely could at the present amount in my apprehensive opinion.

I absolutely achievement this commodity is of absorption and that is has propelled thought. The ambition is simple; to advice you in your adventure to be the best in 2007. I acknowledge you for account my abounding online writing on assorted subjects, which absorption you.

Is a Lawyer a Debt Collector, and Should You Sue the Lawyer If You Can When Sued For Debt?

As abounding humans know, aboriginal creditors are advised abnormally than debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies, by and large, just to debt collectors and gives aboriginal creditors a almost chargeless ride. So area do attorneys fit in? And should you sue them if you can?

Lawyers Can Be Debt Collectors

Lawyers are not adequate beneath the FDCPA. They can be, and as a applied amount the one suing you apparently is, a debt collector. However, if the advocate is apery an aboriginal creditor and acting in its name, he will be advised as an aboriginal creditor. If you are getting sued by a debt collector, affairs are acceptable that the advocate is aswell a debt collector, you can appealing abundant calculation on it. He can be sued for things he does wrong.

Before you go suing the lawyer, though, there are two things you should know: one has to do with your acknowledged rights, and the added is added of a applied consideration.

Respondeat Superior

There is a abstraction in the law that makes humans amenable for the things humans who are acting as their agents do. This is accepted as "respondeat superior." With a few exceptions, an employer is accountable for the accomplishments of an employee. That agency a applicant is amenable for the accomplishments of his or her lawyer. In general, this agency that a debt beneficiary is amenable for annihilation that its advocate does. Or to put it differently, you don't charge to sue the advocate to advance the debt collector.

Should you do it anyway, though?

Tactical Considerations

Whether or not it makes faculty to sue the advocate is not an simple decision. I apperceive you yield the accusation personally-it represents a ample blackmail to your claimed and banking well-being. Naturally you wish to bang back, personally, at the animal getting you see on the added side. The catechism is, though, is this the accommodation a lot of acceptable to accord you the a lot of benefit? Is it a lot of acceptable to could cause them to bead the case and leave you alone?

I don't know. A lot of of the time, the attorneys suing you attention your case from a absolutely business angle attempting to aerate their accumulation and abbreviate the amount of suing you. And abundant of my access to debt action has been to advance that humans accomplishment this business angle by authoritative your case unprofitable. That is almost simple to do, although of advance this isn't consistently enough. If you sue the lawyer, you change her motivation. Then, instead of it getting a alone business decision, you access the claimed stakes for the lawyer. It makes things abhorrent for the lawyer, no doubt, but it aswell motivates them to plan abundant harder in abounding cases. You accept assorted your enemies.

A Final Acknowledged Consideration

If you are suing the lawyer, your affirmation is not absolutely a "counterclaim." Instead, what you would apparently do is acknowledgment beneath the FDCPA adjoin the debt beneficiary and accompany a third-party clothing (within the aforementioned lawsuit) adjoin the lawyer. The argumentation is just alleged a third-party clothing and names the advocate as third-party actor and states your affirmation in the aforementioned way the acknowledgment did. Then the advocate has to be served a summons. None of this is distinctively difficult, but it is time-consuming. Given the ambiguous account of suing the lawyer, I rarely anticipation it was account spending the added time. You'll accept to adjudge what makes faculty to do in your case.

Michigan As a Right to Work State - Random Thoughts

First, somewhat as an aside, the news coverage of this issue reminds me that any time I follow an issue that is covered by the media and falls into an area where I have my own expertise, I always come away with one thought - yikes.  And then I quickly remind myself, I need to apply more skepticism to other things that the talking heads say in areas where I don't have any particular expertise.

More relevant to the topic of this blog, it would be hard to view this as anything other than a cataclysmic event for organized labor.  Unions in the private sector have been on a well documented slide for most of the time I have been practicing law, which goes back to 1975.  But suffering a loss in a state that because of the UAW and the car industry is probably most identified as a "union" state on what has always been one of labor's most, if not the most,  important issues, right to work, is a message of pending doom of a different magnitude.

The challenge for unions to re-define their message, or maybe more importantly, their mission, which has been obvious for a long time, seems like it has a much shorter time line than ever before.

Although I tend to view this from my background as lawyer who has been involved in labor and employment matters (and clearly much more employment than labor), one of the things that seems to be true is that in many ways, rather than a fight over the merits or non-merits of union representation and whether it should be encouraged or not, the underlying bigger challenge is being made because of union's role as a major force, particularly in the "ground game" of the Democratic party.

Finally, for though those who view union's decline as a good thing, I would remind of the rule of unintended consequences. Which by definition means, one never knows what is going to happen when there are such big structural changes.

Just as an example, on Morning Joe yesterday, Joe Scarborough voiced support for a concept that would surely be anathema to employers (although a real boon to my profession), member only bargaining. When some one pointed out that the union's argument against right to work was the "free rider" argument, where in a right to work state employees in a union facility get the benefits of the union's bargaining efforts without having to pay for them, he said why not let the union negotiate for it's members and they get the pay raises, and those who don't want to be members, don't. 

Although I doubt that Joe Scarborough and Charlie Morris, the former SMU labor law professor, have much in common, there could not have been a much better endorsement for Professor Morris' concept he has been pushing for some time now. See Thinking About a Different World Under the NLRA and A "New Spring" in Labor and Employment Law?

And you know that at least some on labor's side may also beginning to think how that or other different approaches might be used to frame a new argument

It will be some time before we know how this all plays out, but for those rejoicing about this latest development and what it seems to imply about organized labor's future, I am reminded of the trite but true statement, be careful what you ask for.

A Month in Absentia and Going Forward

Not that I am sure anyone cares, but for those who do come by to check, the month of November marks the first time in 10 years I believe I have gone an entire time without posting.

It has been a busy month, with an extended arbitration, a vacation trip and a personal move into a closer in neighborhood. Where, probably unfortunately for my waist-line, there are no less than 10 eating establishments within a 10 minute walk of our new house. And if I am willing to walk 20 minutes, the choices are even much greater! Hopefully the walking will offset some of the eating!

Cycle Super Highway 9. A Response.

Last month, believing the plans for CSH9 to be out for consultation I submitted my observations.

I have today had a response from the Head of Transport at the London Borough of Hounslow.  I reproduce it below followed by my response:



Sent: 13 December 2012 11:05
To: Martin Porter QC

Subject: RE: Cycle Superhighway 9

Dear Mr Porter

Thank you for your email and its attachment. 

This is merely an interim response as I am on leave from today, returning early January.

The consultation process has not yet begun.  Subsequent to the Central Hounslow Area Forum report, TfL expressed a wish to consult along the entire BCS9 route in a joined-up fashion – this is now likely to happen in April 2013.

The Cycle Superhighways are targeted primarily at people who want to cycle to work.  They aim to get existing commuter cyclists to cycle more, encourage leisure cyclists to start cycling into work and give new cyclists the support and confidence they need to start. They are designed to provide safer, faster, more direct and continuous routes between outer and central London.  As I am sure you will be aware, cyclists have many levels of ability and have a range of needs and aspirations in terms of infrastructure.  It is unlikely that all of these can be completely met with the provision of the cycle superhighway infrastructure but we will aim to provide a step-change in facilities for the great majority. 

Few cyclists would be able to match traffic speeds in outer London, even in peak periods, unless they ignore red lights.  Where there are long peak-hour traffic queues, we sometimes have bus lanes, which provide excellent cycling facilities.  Even fewer cyclists would be able to match traffic speeds in the off-peak, and of course even commuting cyclists may travel at different times of the day.  Facilities that allow cyclists to ride alongside motor traffic and be safely overtaken by it (and “undertake” it when the traffic is slower) should cater for the majority of cyclists needs. All the outline designs are under review prior to consultation, and the plans presented to the CHAF are clearly marked as draft and subject to further discussion.

In closing, I’d point out that my team and I are all keen and experienced cyclists, of differing levels of fitness and ability.  We are doing our best to ensure that the design of the cycle superhighway through our borough best meets all of our needs and those of our residents, workers and those who cycle through our borough en route elsewhere.

Regards

________________________________________

Chris Calvi-Freeman
Head of Transport
Regeneration, Economic Development & Environment Department
London Borough of Hounslow
Civic Centre, Lampton Road, Hounslow, TW3 4DN



And my response:


From: Martin Porter QC
Sent: 13 December 2012 11:59
To: 'Chris Calvi-Freeman'

Subject: RE: Cycle Superhighway 9




Dear Mr Calvi-Freeman,
Many thanks for your response which as requested I shall treat as interim and I look forward to a more full response in due course.  Please let me know if I need to resubmit my evidence for it to be taken into account when formal consultation takes place.
Although your response is interim there are some points that I feel need to be challenged.
Most cyclists can match averagetraffic speeds on the congested roads that lie between Hounslow and Central London (i.e. the route of CSH9).  I know this from personal observation.  I simply do not understand why you bring traffic lights into this, as both cyclists and motorists have to stop at red signals.  If speed limits are introduced and enforced that will calm the peak speeds that motorists reach as they accelerate into the next traffic queue.  Traffic lights can be phased to assist cyclists better than they presently do.
Second, a 1.5m lane is not a facility that enables cyclists to ride safely alongside a stream of traffic which includes many buses and HGVs for the reasons I have stated.  You appear to believe that if such facilities encourage cyclists to undertake moving traffic that is a good thing.  Let me assure you that is bad, not good, for cyclist safety.
Third, you imply that although the infrastructure you propose may not be helpful to me, it will assist others with different needs and aspirations.  I do not see that it will.  Many people wish to have segregated infrastructure where there is a physical barrier between cyclists and motor traffic.  For this to be worth doing it has to be done very well (“Going Dutch”).  The proposed plans with 1.5 metre wide lanes do nothing to distance motorised traffic from cyclists while at the same time they make it harder to integrate properly with traffic in the safest possible manner.
I am afraid I am sceptical that your team’s experience as cyclists is a true substitute for seeking proper advice from qualified  cyclist instructors.  I am hoping that all of your team to whose experience you refer have at least completed Bikeability level 3.
Let me assure you I am not making these observations to be awkward.  However as a taxpayer and a cyclist I hate to see public money squandered on misconceived solutions that actually make the position worse..
With best wishes
Martin Porter

Cracking Down on Antiquities Trafficking by Changing Homeland Security's "Seize and Send" Policy



Cracking down on the illegal antiquities trade by regularly prosecuting criminal offenders and dismantling their infrastructure must be a leadership priority for U.S. Immigration and Customs Enforcement's (ICE).  The Homeland Security Investigations (HSI) directorate of ICE currently pursues a "seize and send" policy focused on recovering and repatriating antiquities rather than investigating and indicting criminals.  That policy must change in order to effectively combat a crime that permanently destroys the archaeological record and injures both history and culture. 

HSI Special Agent-in-Charge James Hayes with Indian idols seized last week.
ICE's seize and send policy is illustrated by many of the agency's press releases.  It was restated last week during a Chasing Aphrodite interviewwith James T. Hayes, Jr., Special Agent-in-Charge of HSI New York.  Hayes defended the seize and send policy: "'The focus is always to return stolen property to its rightful owners,' Hayes acknowledged, saying making criminal cases was desirable, but challenging. 'You have to have a legal basis to prove those items, and you have to prove certain things and that proves very difficult.  We’re dealing with laws around the world, in foreign courts and different jurisdictions.'"  HSI's chief added, "At the end of the day, our primary responsibility is to get stolen property back to its rightful owners."

Returning stolen property to owners is a regular goal of many law enforcement agencies.  But there is little indication that simply recovering and repatriating cultural property puts smuggling networks out of business.  Criminals engaged in the illegal antiquities trade surely realize that they face little or no risk of legal accountability for their actions. They must also be aware that the occasional confiscations by police of portions of their inventories do not actually take down their supply, transportation, conservation, distribution, marketing, and sales infrastructures.  That is why prosecutions, coupled with forfeitures of infrastructure assets (instrumentalities forfeitures), should be made part of law enforcement's response.

The decision not to pursue prosecutions and instrumentalities forfeitures on a regular basis produces several negative outcomes:

First, because antiquities traffickers go unindicted, the risk of offenders facing the consequences of prosecution--jail, fines, probation, and/or a criminal record--is eliminated.  Naturally, there is neither general nor specific deterrence against the commission of antiquities trafficking when there is no fear of getting caught.

Second, court sentences will continue to be light in those rare circumstances when antiquities smuggling prosecutions are actually brought forward.  That is because the judiciary, not seeing many cases on their dockets, will believe that this criminal activity is insignificant in scope or impact.

Third, the infrastructures used to facilitate antiquities trafficking will remain intact.  Seizures of ancient pots or Egyptian sarcophagi may remove the fruits of an antiquities trafficker's crime, but their confiscation by authorities likely represents a only portion of the trafficker's illegal inventory at any given moment.  Such limited seizures cannot be expected to shut down expansive global networks operating continuously.  Seizures of the instrumentalities used to commit antiquities trafficking, by contrast, could help dismantle large swaths of trafficking infrastructures.  Just as asset forfeitures in drug cases confiscate the automobiles, boats, planes, homes, etc. used in unlawful narcotics manufacturing and distribution networks, seizures of the instrumentalities used to traffic illegal antiquities could disrupt or shut down antiquities trafficking chains.

Finally, prosecutors and police will continue to confront both a learning curve and inefficiency so long as there iis no change in enforcement policy.  Routine antiquities trafficking prosecutions and enforcement, by contrast, would prompt prosecuting attorneys and detectives to meticulously learn how the crime operates, what evidence is commonly found in such cases, and what legal defenses typically arise.  The experiences gained would foster more efficient criminal investigations in the field and more effective legal cases in the courtroom.

HSI's chief is correct to observe that antiquities trafficking cases can be complex.  But law enforcement authorities over the decades have discovered ways to unravel complex transnational transactions.  If complicated international money laundering, commodities smuggling, and drug trafficking cases can be solved and prosecuted, so too can antiquities trafficking cases.  Indeed, criminal organizations would have little incentive to cease trafficking operations if law enforcement conceded that their activities were too hard to prosecute.

When criminal investigations become too complex to warrant effective action under one set of laws, one enforcement tactic is to separate the overall crime into component parts, examining the parts under different statutes.  So instead of building an antiquities trafficking case broadly around the National Stolen Property Act, for example--which relies on an review of foreign ownership laws to determine if a trafficking suspect has knowingly received stolen antiquities in violation of the statute--authorities might shift their focus to build a case on the basis of false statements.  Put another way, one method of not "dealing with laws around the world, in foreign courts and different jurisdictions" is to focus on the cover-up rather than the crime.

It is widely known that criminals rarely act in the open, committing fraud and deceit to conceal their activities.  That is why criminal cultural property importers oftentimes falsify customs paperwork, classifying looted antiquities as something else on import forms.  Making a false statement on an official customs form is a crimeunder 18 U.S.C. 542, and prosecutions under this statute do not require reliance on anything except evidence of criminal falsification.  Juries simply need to be shown that an ancient antiquity found in a cargo crate is not a "garden table set" or some other false description written down on a customs form. Criminal knowledge of the false statement, meanwhile, can be demonstrated by additional positive evidence and/or by circumstantial evidence--which counts in a criminal case--showing that the criminal defendant was “without reasonable cause to believe the truth of such statement.”  This example demonstrates that there may be other, potentially simpler, legal and investigative options available to authorities.

Cicero said, "What one has, one ought to use: and whatever he does he should do with all his might."  HSI agents are seasoned investigators who should be given the green light to use their skills with all their might in an effort to expose the illegal antiquities trade and take down its networks.  Partnering with prosecutors, HSI should systematically apply the National Stolen Property Act, the false statements law, and many other federal laws to successfully combat antiquities trafficking.  Referring cases for state prosecution should also be a routine consideration rather than an occasional one.  Coupled with the seizure of assets used to facilitate antiquities trafficking, regular prosecutions in the courts would dismantle or disrupt these criminal networks more effectively than the current seize and send policy.


This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

My Response to All Party Parliamentary Cycling Group

My evidence to the APPCG is here.
I hesitate to publish it since it is a personal response based on my experiences and is intended to cover what I perceive to be a gap in The Times and associated campaigns.  Segregation (especially if it comes with the assumption which most would make that the existing streets are for the segregated motorised, and not non-motorised, traffic) cannot it seems to me be the only answer for the foreseeable future.  We need a civilising of our streets (and Highways bar Motorways) everywhere so that they are more pleasant and inviting places to cycle.

CTC Magazine Article on Road Rage

My article on the whole Scott Lomas Road Rage Saga as printed in the CTC Magazine is now available here.

I add only the comment that I feel that the reason that it is hard sometimes to resist getting into a counterproductive row with motorists who endanger us when we are on our bikes is that we know that formal come back of the sort that ought to occur either will not happen or will happen at greater cost to us than to the miscreant.

The BBC and 'The War on Britain's Roads'

It was with some trepidation that I watched this Leopard films production last night.  Thank heavens for Michael Hutchinson on the Today programme this morning.  It is a great shame that he was not on last night's film to explain rather better certain aspects of cycling to a largely non-cycling public.
The shots from helmet camera cyclists has been done before (and I think rather better) on the BBC's One Show back in February 2011, without the false 'them and us' dichotomy which the programme makers took care to emphasise by, for example, filming all cyclists in cycling jerseys.
The positive side of the programme was the portrayal of the courageous way in which Cynthia Barlow, Chair of Roadpeace has worked tirelessly for the last 10 years, since the tragic death of her daughter, first to find out what happened to her and second to minimise the risk that the same happens to others.  The work done by her and also Kate Cairns (similarly affected by tragedy) and others would have made great television.
'War on Britain's Roads' has had a gestation longer than an elephant's.  I was approached by Leopard Films some 18 months ago and certainly got the impression then that the planned show would be more focussed on road safety.  It is almost as though someone has looked at a proposed script at some stage and required it to be spiced up with a lot more focus on the trading of insults.  Since happily no punches were thrown, I do not care what happened after the black taxi driver who had cut up a cyclist had stopped and I care nothing for his acknowledgement in subsequent interview that he had overreacted.  Having tracked him down I would have liked the filmmakers to ask why he apparently makes a habit of passing cyclists with inches to spare and whether he has any familiarity with rule 163 of the Highway Code.  Above all I would like to know whether he acknowledges that even if, by some good fortune, he has yet to run into a cyclist, his behaviour contributes to intimidating would be cyclists off the road.  The unfortunate fact is that it suited the program's thesis better to portray the taxidriver and cyclist as two sides of a coin whilst both were standing on tarmac having a row, rather than beforehand when the driver was driving a substantial vehicle badly around vulnerable roadusers and the cyclist was not presenting any danger to anybody.
Sadly many people will take from this programme whatever they like to reinforce their own existing prejudices.  My own view is that one group that come over badly are the Police, and particularly the Metropolitan Police.
-Why did Cynthia Barlow have to spend her money on a private investigator to find out what happened to her daughter?
-With all the clips of bad driving shown on that film, why is that only one has resulted in prosecution (and no, the one was not the dreadful tanker on the roundabout)?  The black cab driver referred to above was guilty of driving without due care and consideration when he passed cyclists who had nothing to do with his subsequent confrontation.  As it is he is left still believing that his driving is acceptable.
- Why did the police not investigate the Bexley assault properly, leaving it to the victims to identify the assailant?
- Why did the Cycle Task Force officer depicted  (the one who did not hesitate to thread through a junction against a red light to catch an errant cyclist) allow a taxi driver, who had intimidated a variety of cyclists and passed close enough to have his cab bashed, on his way with reassurance he had done nothing wrong?  (I thought the deferential tone adopted with the driver in contrast to the silly patronising 'get a whistle' tone he adopted with the cyclist spoke volumes).  Unfortunately, as Sgt Castle of the Task Force explained to me when I met them, they do not believe in taking motorists up on close passes because they regard it as 'too subjective'.
There is no 'war' on the roads in the conventional sense or in the sense that the programme implied, with two sides fighting it out.  The death and destruction is all on one side.  We do not need 'peacekeepers' to keep the two sides apart.  There is however a battle in getting the authorities (who after all encourage us onto two wheels) to do sufficient for our protection.  Cycling is reasonably safe but it has an image problem and is often not perceived as safe.  I have recently completed my submission to the All Party Parliamentary Cycling Group and have tried to emphasise that there should be a very low level of tolerance towards those who harm, endanger or threaten vulnerable road users.

My Response to DfT Consultation on Increasing HGV Speed Limits


Response ID ANON-KMPX-Z9JK-8
Submitted on 2012-12-04 11:05:12.725334
1 What is your name?
Name:
Martin Porter
2 What is your email address?
Email:
mp@2tg.co.uk
3 What is your organisation?
Organisation:
4 Policy option 1: Raise the national speed limit for HGVs over 7.5t from 40 to 50 mph on single carriageway roads. Is this
your preferred policy option? Please explain your answer.
q1:
No.
These roads already have a poor safety record in comparison with other types of road in the UK.
Single carriageway roads are often used by cyclists and the increase in speed in the heaviest vehicles will increase the actual and perceived hazard and danger
to them.
All the problems identified in the consultation papers ('platooning', fairness and competition) can all be dealt with better by lowering the speed limit for lighter
vehicles by 10mph and by better enforcement of limits.
England and Wales is criss-crossed by a fairly comprehensive network of motorway and dual carriageway roads. Heavy traffic will be diverted from motorways
and dual carriageways onto single carriageway shortcuts if there is no longer a significant speed differential.
Above all, lowering speed limits will save lives and this is a step in completely the wrong direction.
5 Policy option 2: Raise the national speed limit for HGVs over 7.5t from 40 to 45 mph on single carriageway roads. Is this
your preferred policy option? Please explain your answer.
q2:
No.
For precisely the same reasons given above,
6 Do you consider there to be any additional policy options, or variants of policy options 1 and 2? If so, please explain
fully and provide any evidence you may have.For example, only increasing the speed limit for HGVs over 7.5t on single
carriageways where the national speed limit applies, and retaining the 40 mph limit at other times
q3:
Yes.
Keep the current speed limits for heaviest HGVs and lower the speed limit of HGVs up to 7.5 tonnes to 40 mph and lower the speed limit for light motor vehicles
to 50 mph on single carriageway roads.
7 In your opinion does the current 40 mph speed limit cause any of the following: unnecessary costs to vehicle
operators; congestion; avoidable overtaking collisions; an uneven playing field for businesses; or anything not
mentioned in this list? Please explain your answer and provide any evidence you may have.
q4:
No. This is a leading question. The blame for these supposed problems cannot sensibly be laid at the door of the 40mph speed limit. Better enforcement of the
limit would level the playing field as would the lowering of speed limits for lighter vehicles.
8 We welcome views from HGV operators and trade associations about whether they feel the balance of savings and
costs of extra speed detailed in the Impact Assessment reflects their own experience or expectations?
q5:
9 If the speed limit for HGVs over 7.5t is not raised on these roads, collisions as a result of ‘platooning’ could continue. If
it is, the frequency of collisions could decrease due to a reduction in ‘platooning’, though on the other hand the severity
of collisions could increase.
q6:
The 'platooning' problem is best dealt with by lowering the speed limit of the other vehicles.
10 Do you have any opinion or evidence on the effect of ‘platooning’ on road safety, or on the frequency or severity of
collisions involving HGVs on single carriageway roads and what effect an increase in their maximum speed limit on these
roads would have on safety? If so, please provide it in response here.
q6a:
An increase in maximum speed limit will obviously have a detrimental effect on road safety. It is amply demonstrated that speed kills. It is beyond any sensible
dispute that equalising speed downward (and not up) would save lives and injuries.
11 Do you have any opinion or evidence on what effect an increase in the maximum speed limit for HGVs over 7.5t on
these roads would have on non- HGV vehicle speeds such as car speeds?
q7:
It is likely to increase car speeds which will itself have a detrimental effect on road safety.
12 The Department invites information on where there are single carriageway roads which are subject to the national
speed limit, or are signed at 50 mph, in areas where there are air quality problems.
q8:
13 What impacts, if any, do you think there will be to the following if an increased speed limit for HGVs over 7.5t on single
carriageway roads is introduced? a) Air Quality Management Areas (AQMAs). Local authorities may have specific
evidence on the effect on AQMAs in their authority; b) EU air quality standards [1] ; c) Noise levels; d) Areas currently
identified as noise hotspots [2]
q9:
14 If as a result of either of the policy options being implemented there was a reduction in ‘platooning’ do you think there
would be a significant impact on: a) Noiseb) Air quality
q11:
'Platooning' has a calming effect in slowing general traffic and therefore reduces the adverse impacts on noise and air pollution.
15 Do you think either of the policy options goes against the underlying principles of the EU Environmental Noise
Directive [3] or of the Noise Policy Statement for England?[4]
q15:
Yes, both do.
16 Do you think that all of the potential health and social costs of the policy options have been considered in the Impact
Assessment? Please provide details if you think costs have not been included.
q12:
No.
It is government policy to encourage cycling. These are roads that are frequently used by cyclists. Overtaking of cyclists by heavy vehicles on single carriageway
roads is potentially hazardous and requires a great deal of care on the part of the HGV driver. The HGV driver travelling at 40 mph has a much greater
opportunity to see a cyclist ahead and to plan his overtaking manoeuvre.
It is a serious omission that the encouragement of cycling has not been considered in the Impact Assessment.
17 Do you believe an increase in speed for this class of vehicle on these roads will cause more HGVs over 7.5t to use
single carriageway roads, which do not currently?
q13:
Yes, clearly.
HGV operators are likely to calculate and use the quickest route. Currently it is worth a modest detour to use motorways and dual carriageways, which are far
more suitable for HGVs, because they are then able to travel significantly faster. If the speed limit differential is reduced more HGVs will be attracted away from
motorways/dual carriageways and onto single carriageway routes.
18 Do you think some freight may switch from rail or water to HGVs, if the speed limit is increased on these roads for
these vehicles?
q14:
Yes for the same reasons. Any reduction in the time taken to transport by road will increase its attractiveness relative to other modes of transport.
19 Do you think that there may be added wear and tear on these roads if the speed limit is increased for these vehicles?
Local authorities may have specific comments or evidence, with regard to roads in their authority.
q15:
Yes, obviously. An HGV braking hard from 50 mph will put far more stress on the road surface than it would braking from 40 mph.
20 Local authorities have powers to alter speed limits on the local road network, including non-trunk primary routes, in
line with guidance set out in Setting Local Speed Limits, DfT Circular 1/06.[5] Do you think that the increase in the national
speed limit for HGVs over 7.5t on single carriageways, would make it more likely that local authorities would introduce
more local speed restrictions, and if so on which roads?
q16:
It would mean that they should introduce more local speed restrictions but in practice they may well not get around to doing so until many avoidable collisions
have occurred.
21 If you are an organisation that provides information and you believe that an increased speed for this class of vehicle
on single carriageways would incur costs for your organisation in the form of publicity or conversion costs please
indicate what these may be. Also please advise whether these costs would be reduced given a lead-in time between
announcement and policy implementation as a result of costs being rolled into existing plans.
q17:

Imperial Winter Series Race 1


A first for me, I turned up on Saturday afternoon to the first race of the Imperial Winter Series as a spectator and to show a bit of support for a novice rider from my club.  Places for the 4th cat event sold out indicating that the popularity of the sport continues unabated at a grass roots level even in near freezing temperatures.  Encouragingly all rode safely and skilfully even around the final twists leading up to the finish line and all remained upright.
Good therapy for me too to watch such a well organised event.  There are still, to my mind, unresolved issues arising from my crash last September but I hope to have made sufficient mental and physical recovery to join in this series shortly (if I can secure a place!)

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