Member Since: 11 May 2006
Location: Off again! :-)
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Nowhere near long enough. Hope he has an especially rough time in prison.
27th May 2016 4:08 pm
muddywheels4wd
Member Since: 16 Dec 2010
Location: East Riding of Yorkshire
Posts: 1681
Probably end up in an open prison with TV in room, etc and out in 2 with good behaviour - unlike the family who could of died and will spend rest of heir life living with the consequences of this idiot
It appears this incident started 20-25 minutes earlier and there was a passenger in the D4 - he's not been prosecuted but must have been just as big an idiot if he didn't try to stop this
Quote:
Nay, who was seen laughing with his male passenger, undertook a Mercedes and then, in an attempt to follow the Mazda, made an "absolutely ridiculous" turn, the court heard.
Poor justice system again Wanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW
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27th May 2016 4:30 pm
A.J.M
Member Since: 31 Oct 2009
Location: Carluke
Posts: 2861
What i don't get is why was he chasing the Mazda driver?
Why would you do that unless you wanted to stop them, or have a go at them?
Was he going to force them to stop and assault the driver or give her a telling off?
At what point does a 39 year old man think it's acceptable to drive like such a knob to chase someone down.
The family caught up in this have my sympathies, they have had their daughters lives forever changed through no fault of their own and deserve all the compensation and help they can get to try and return to some form of normality after what will have been a horrific physical and emotional shock.
27th May 2016 5:23 pm
euangibson
Member Since: 24 Dec 2010
Location: Borders
Posts: 11027
I am at a loss as to when we will start treating these sort of incidents in parallel with what happens outside of a car.
My family's safety,every single day, is reliant on the actions and responsibilities of other roads users.....I cannot control what others do,and can but hope someone like this man never crosses their paths.
While I understand what Robbie says,that the family of Mr Nay are also innocent,they are also directly affected by the devastating consequences of his actions.
3 months ago,the vibrant and outgoing 17 year-old grandson of a friend of mine was the passenger in a car which left the road and rolled a number of times.The cause of the crash is still ongoing,but the outcome is that,although lucky to be alive,he will now spend the rest of his life in a wheelchair,and is still in hospital.
I have seen the devastation wrought on his family......my heart goes out to those 2 little girls and their families....for Mr Nay,I have nothing but contempt."Better to remain silent and be thought a fool,than to speak out and remove all doubt" ?.....what rubbish...
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27th May 2016 6:15 pm
audiobull
Member Since: 23 Apr 2016
Location: UK
Posts: 384
deleted
Last edited by audiobull on 3rd Jun 2016 7:22 pm. Edited 1 time in total
I am at a loss as to when we will start treating these sort of incidents in parallel with what happens outside of a car.
My family's safety,every single day, is reliant on the actions and responsibilities of other roads users.....
Euan.....I totally agree with you.....if say someone is aggressive, abusive or negligent to you & yours they have to answer for it...they have a responsibility - a duty of care. You hope that the person who builds, maintains & flies the plane you are flying on got their job & sums right & aren't being angry. Same with any mode of transport ships, buses, elevators...even fairground rides.....that can be extended to lots more. This is the mark of the civilised society we are in there are standards, rules & justice.
Land Rover in their off road courses used the word anticipation.....thinking ahead of what could happen so you can act accordingly...obviously this pratt didn't.
He clearly didn't think of what the consequences of his action/s - in charge of a vehicle, what he could "do" & could or would result in....in this case it did - disaster
I realise he wasn't on the job (on an off road course) - where if he got it wrong he would be liable for professional negligence....but flipping from being a person who imparts knowledge that create skills in others...setting an example to just the opposite. I wonder if this was taken into account ?
The judicial system in this case have let the irrevocable injured girls, the family & the public at large down.
If there is a five year maximum tariff for this type of offence - when is it used ?...what do you have to do to get the maximum ?....injure three people ? or inflict worse injuries ? or is it the course of events the negligence that leads up to the final outcome ?
The fact that he was road raging (to me) pre-meditates the actual negligent act - it compounds it - he wasn't just driving badly or carelessly or even recklessly - he was driving aggressively without any thought of safety to himself & regardless others.
We all realise the custodial sentence will be commuted to just over 1/2 of the 4 & a 1/2 years with a four year ban.....there was no mention of a fine (?) & he has to sit a driving test before he resumes driving.
To me:
the sentence should be the full five years in clink...no being let out on licence
then:
a lifetime ban on driving...after all....is he going to be reformed ? who will insure him ? is he likes to get a job with any driving involved ? driving anything......who would hire him ? would you want him on the road ever ?
I realise he may have family dependants who need him for support - but this isn't taken into account when sentencing
Nothing he can say in the form of any apology can atone for what he has done & Im sure the parents will never forgive him.
The fact he was in a a LandRover isn't good for the brand, the fact he was an instructor is unbelievably bad as it puts the others who are instructors into a category of suspicion & distrust. It even puts those who use this & similar vehicle into some jeopardy by virtue of those who may discriminate.
I would have thought that LandRover or LandRover experience would have made a statement to distance themselves in any way they can.
Sadly & wrongly we see "road rage" or examples of poor, bad, dangerous & lunatic driving every day...its a pity more arent seen & caught.BREXIT - done properly.
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28th May 2016 7:22 am
ruggedpeak
Member Since: 10 Jun 2010
Location: UK
Posts: 1625
CFB wrote:
I guess it's long enough for him to reflect on what he has done, life changing for him as presumably from a middle class fairly wealthy lifestyle/background? He will have to live with the memory of what he did for the rest of his life.
Bloody journalists though, why is this line relevant "Andrew Nay, 39, crashed his 3litre Land Rover"
What he was driving is of no consequence, it's the manner of it that caused this.
It is totally relevant. If this muppet had been driving an Aygo then those girls may still be walking. Any driver has to account of their vehicle and its capabilities and also the damage it can cause. A high powered nearly 3 tonne car at speed poses a far greater risk of carnage than a smaller car. I'm tired of dicks in 4x4's who drive too fast, too close and bully others because they have a big car that they think that they'll be ok if it goes wrong.
If this was at work I hope the HSE investigate JLR as I doubt this was the first time, I hope the press do some digging. Punishments in this country are a joke, he needs at least 15 years inside.Tony
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Last edited by ruggedpeak on 28th May 2016 9:31 am. Edited 1 time in total
28th May 2016 8:48 am
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50981
This is by no way to diminish the severity of this case but even the most level headed and professional of drivers can be subject to road rage... so it's easy to preach what he should or shouldn't have done ...no doubt he knows it ...and we know it.
Thankfully outcomes like this are rare but thousands of similar rage incidents are occurring on our roads every day ...right now..and all of them have a potential to go badly wrong in a split second as seen here.
Who here can hold there hands up and say they have never had red mist? Even a little bit of red mist will impair your judgement and rationale ...though you have to hope not for long enough to result in disaster.
If you set aside the emotional aspect. The judicial system has worked here to the extent of the available tariff and terms of application.... Let's remember that he isn't the only one being let out on license after serving half term inside, there are murderers who will do exactly the same. If we want that tariff changed then the government requires lobbying to change the law.
As for the Land Rover brand implication I think it's difficult to assess the impact but I'm sure that reasonable persons wouldn't lay any blame at their door. According to LinkedIn ..this chap managed an event venue for LR and to achieve that status I can only imagine that to this point he would have been a competent employee.
Lawyers would have to demonstrate that they are vicariously liable for any of his actions ...if he was in the course of his employment then that would be easy ...I think though to say that this case implies that all LRE instructors should be mistrusted is wholly wrong.
Bad decisions, red mist, anger is something we all are all exposed to at some point ...let us all hope that none has a similar outcome.21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
28th May 2016 9:17 am
muddywheels4wd
Member Since: 16 Dec 2010
Location: East Riding of Yorkshire
Posts: 1681
I will happily hold my hands up and say I've never had red mist (not even a little) in my 36 years in control of road bikes, motorbikes or motor vehicles because whenever I'm cut up, tailgated, etc I think what a and remember my kids, wife and other innocent families that could be hurt if I react
I have been in cars with drivers who get red mist and I don't tend to do it twice
An ex colleague used to get red mist until one day he chased a van after some minor incident or other - the van braked and out jumped 2 thugs with baseball bats - he reversed as quickly as he could and became a changed man
Driving a vehicle deliberately in a way that endangers anyone makes it a weapon - same as a knife or a gun
If it was my kids I'd be appealing for a longer sentence - to the Home Secretary if necessary
He behaved like a thug but hiding behind his suit and professional management image
I think the mazda driver got off lightly as they could easily of hit vehicle too seeing the video and reading their involvementWanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW
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28th May 2016 9:46 am
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50981
Wow ...I've never met anyone who hasn't been angry at some point
Red Mist is ultimately a distraction from normal driving ...just like holding your mobile on a call, texting, eating a banana 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
28th May 2016 10:36 am
muddywheels4wd
Member Since: 16 Dec 2010
Location: East Riding of Yorkshire
Posts: 1681
Don't get me wrong - I've been angry but I don't let it affect my driving just as I don't hold my mobile on a call, text or eat a banana while driving. I've even pulled over shaking with anger or shock after incidents to calm down before continuing
I had to drive to carry out my previous career and now to run my own business so that's also at the back of my mind too - if I lost my licence I would lose everything I've worked so hard for
The driving in this case doesn't look like a moment of madness but someone believing they were the dogs wotsits behind the wheel because they were an instructor and drove it for a living - the sentence doesn't fit the crime IMHOWanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW
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28th May 2016 10:58 am
comedyharvey
Member Since: 03 Jul 2010
Location: Gloucestershire
Posts: 1727
That was not red mist. He was laughing chasing the Mazda, that is not anger, he was enjoying it.
The accident was the culmination of twenty odd minutes of aggressive dangerous driving ending with that final manoeuvre swinging across a busy carriageway on a bend. I struggle to think of ever seeing a more reckless driving action.
People should be held accountable for their actions, end of.Arthur.
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28th May 2016 11:04 am
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50981
muddywheels4wd wrote:
The driving in this case doesn't look like a moment of madness
a "moment of madness" is defined as "a short period of time when you do not behave as normal"...so 1 minute or 30 minutes can fall into that category in the context that I meant earlier in the thread.
In evidence, the woman driving the Mazda was alleged to have cut him up and she admitted sticking her hand out of the window and giving him the finger. So road rage was clearly a leading factor here. If this was a demonstration of repetitive behaviour from him then you would hope that others who might have witnessed it in the past, colleagues or family would have come forward with evidence.
I'm not trying to offset what he has done nor his evidently appalling driving just pointing out that on the road, drivers can and do become different people at times and this case serves to remind us of the consequences.21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
28th May 2016 12:26 pm
ruggedpeak
Member Since: 10 Jun 2010
Location: UK
Posts: 1625
DG wrote:
This is by no way to diminish the severity of this case but even the most level headed and professional of drivers can be subject to road rage... so it's easy to preach what he should or shouldn't have done ...no doubt he knows it ...and we know it.
Thankfully outcomes like this are rare but thousands of similar rage incidents are occurring on our roads every day ...right now..and all of them have a potential to go badly wrong in a split second as seen here.
Who here can hold there hands up and say they have never had red mist? Even a little bit of red mist will impair your judgement and rationale ...though you have to hope not for long enough to result in disaster.
If you set aside the emotional aspect. The judicial system has worked here to the extent of the available tariff and terms of application.... Let's remember that he isn't the only one being let out on license after serving half term inside, there are murderers who will do exactly the same. If we want that tariff changed then the government requires lobbying to change the law.
As for the Land Rover brand implication I think it's difficult to assess the impact but I'm sure that reasonable persons wouldn't lay any blame at their door. According to LinkedIn ..this chap managed an event venue for LR and to achieve that status I can only imagine that to this point he would have been a competent employee.
Lawyers would have to demonstrate that they are vicariously liable for any of his actions ...if he was in the course of his employment then that would be easy ...I think though to say that this case implies that all LRE instructors should be mistrusted is wholly wrong.
Bad decisions, red mist, anger is something we all are all exposed to at some point ...let us all hope that none has a similar outcome.
This was not road rage. Road rage is a bit of tailgating and some verbal abuse and hand gestures. This is arguably psychotic behaviour using a deadly 3 tonne weapon that maimed 2 children. Red mist my . Suggesting Nay was a 'level headed driver' is as offensive as it is stupid. He is also a liar "In evidence, Nay denied chasing the Mazda, saying he had noticed 'nothing in particular' during his journey and was turning towards a garden centre in his car when he crashed." http://www.dailymail.co.uk/news/article-36...l?ITO=1490
There is a time and place for trolling. This isn't it. You have watcehd the video, haven't you? To be in any way apologist for Nay's driving is frankly offensive.
The law is an ass, as has been demonstrated yet again by this case. It highlights the deep flaws in our criminal justice system that treat deliberate violent behaviour as a motoring offence. If he'd maimed those two girls with a baseball bat in his rage he'd have gone away for much longer, yet gets off lightly as he was in a car. It is also quite inhumane to take the emotion out of this situation, although the legal profession and the courts are well known for their often self serving and inhumane approach. I speak as someone who has direct experience of the criminal justice system in relation to traffic and other offences.
As for Land Rover, as I said if he was driving for work it is an HSE issue. It should cast serious questions over the competence of Land Rover drivers and their training and management as well as their safety systems if someone in their employment and a so-called professional driver of theirs can engage in such utterly ridiculous behaviour. This was not a momentary lapse of concentration or misjudgement, it was a sustained period of dangerous driving that required pre-meditation to continue beyond the initial angry reaction.
I hold an advanced driving qualification from an organisation that takes driving seriously, where red mist forms a key part of the training as anyone with any proper training will know. When I was on a high from passing my final drive I was sat in a room with the others and put in front of a video. It was the story of someone who had done our course and then driven like an idiot. It wasn't road rage, just overconfidence. That person killed someone. The video was the story from both the driver's and family's perspective. The driver got longer inside than Nay, and my organisation looked to appeal his sentence as they felt it was too light. That's how seriously they viewed it. I left the room wondering whether I wanted to do the job as it was shocking to see how easily it could go wrong and the consequences. I then fully understood the implications of the qualification I held and the responsibility that went with it. And how I would be hung out to dry if I let red mist etc descend.
I have worked around LR instructors in the past - it is fair to say the attitudes and skills were mixed and LR has had issues in the past over its drivers, particularly in the BMW days when they were involved in serious accidents. It is niave in the extreme to assume JLR drivers are any more competent than anyone else, without any explanation. Beyond a normal driving licence and driving up and down slopes on a demo track exactly what recognised road driving qualifications did Nay or any other LR driver have? Clearly not training in the basics of behaviour of professional drivers - red mist is covered in "Roadcraft".
"Fraser Hopes, the driver of the Mercedes, said Nay's Land Rover then began to tailgate him and in his rear view mirror he could see two men 'smiling' and 'having a laugh'." If that's what a "properly trained" professional Land Rover driver does then their training system is frankly laughable and wholly inadequate. Can you evidence the training that these people actually get or are you making huge assumptions?
Finally your assertion that these cases are rare is drivel. They are not. They are rarely reported in the press but they are not at all rare. This case only made the news as there was spectacular dashcam footage and it was publicised by the family. Many other cases go upreported or are dorpped by the CPS. As someone who deals with serious collisions even fatalities are barely reported if there is no particularly newsworthy angle. Irrespective of whether they are rare, the deliberate nature of Nay's driving and behaviour, as well as his lies in court, means it should treated much more harshly than a poor judgement call in my view.Tony
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