Advocacy & Safety - Oregon's New Aggressive Driver Database

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ChezJfrey
11-05-03, 11:30 AM
My current frustration due to inability to receive any satisfaction from the police after reporting unsafe/dangerous driving practices (http://www.bikeforums.net/showthread.php?t=40045) led to a conversation with a coworker this morning. I had recently seen the following in another thread:


. . .even after hearing of the incompetent/aggressive driver database that has just been implemented here in Queensland

I was discussing how ridiculous Oregon's laws (non-investigation of civilian complaints where the perpetrator's name/address are unknown) were, considering how contrary they are from the more common trend where jurisdictions are actively tracking and pursuing aggressive, "road rage" culprits. Then, my very astute coworker suggested, "Why not make your own?"

Brilliant! I am a software developer by trade, and have extensive web-developing experience. There are many database enabled hosting sites, so this would be easy to implement. There are some obvious issues that will need consideration, but I think the idea is great. Given enough input, it's entirely possible that license numbers may eventually be linked to individuals, thereby giving someone the ability to actually instigate police action in Oregon.

Names and addresses may eventually link to autos through accidents or citations where this information can be obtained. Or through luck, as a browse through the current postings on the site brings up a familiar plate number. . . and lo and behold, it's your neighber down the street. And maybe "word-of-mouth" will gain some publicity and prompt some legislative discussion to chang e Oregon's stupid law. Who knows?

An obvious problem I foresee are frivolous complaints.

Some features we've thought of:

Complain submission requiring:
Complainant's name/address (will not be published, but may reduce frivolous entries)
Location
Description of altercation
Vehicle Plate Number
(Optional)
Vehicle Make, Model, Color, etc.
Name, address, phone, license number of driver
Search
Reports of incidents by vehicle/individual
"Current Postings"
Links to state law, etc.


Anyone else care to comment, offer advice, criticize, know of a site that already exists, foresee any other obstacles, anything?


SD Fixed
11-05-03, 11:37 AM
I think this is possibly the worst idea that has been put to public eye. Completely, totally, and very much wrong. It's stupid, time wasting, and accomplishes nothing but to build anomisity.

ChezJfrey
11-05-03, 11:54 AM
Youch! Well, it's a good thing there's no animosity between myself and the driver of that truck that intentionally swerved at me the other day :rolleyes:

But, point taken.


SD Fixed
11-05-03, 12:04 PM
Youch! Well, it's a good thing there's no animosity between myself and the driver of that truck that intentionally swerved at me the other day :rolleyes:

But, point taken.

I should qualify what I've said and why. It goes to a certian situation where some one decided to take pictures of "wrong doers" and put them on the web. It became a nightmare, and people were pinged for doing things that were not wrong, but were easily seen that way. A picture can be taken a lot of different ways.

And truthfully, who is going to judge the validity of the claim against the driver? With some tactics that we as cyclist use, we are guilty of aggrevation of the situation.. it'd be wrong to then sit back and say "so and so is guilty". Your web site would not allow proper notification of the driver to explain or rebut. And what's not to stop someone (lacking in maturity) from putting up a neighbor they don't like.. or what not?

Just to many ways for it to be abused, and to many ways it lacks a check and balance.


This isnt' to take away from your experience, and what was done to you. Just a fact you might not consider.


But what of this information

Name, address, phone, license number of driver
If you could obtain it, what right do you have to publish it with a complaint?

Prosody
11-05-03, 01:05 PM
You might also consider that publishing names and personal data, in addition to publishing merely license plate numbers, may open you to lawsuits. If the state had an aggressive driver law stipulating certain information would be published, that would be one thing, but publishing such information in the absence of objective or judicial criteria for inclusion on the list could be considered libel and could leave the publisher--you in this case--legally accountable.

ngateguy
11-05-03, 01:33 PM
You might also consider that publishing names and personal data, in addition to publishing merely license plate numbers, may open you to lawsuits. If the state had an aggressive driver law stipulating certain information would be published, that would be one thing, but publishing such information in the absence of objective or judicial criteria for inclusion on the list could be considered libel and could leave the publisher--you in this case--legally accountable.

At least in this state a persons address and license info is not protected they consider it public information. If it is available in any public manner you can post it on the internet. th

Rich Clark
11-05-03, 01:49 PM
At least in this state a persons address and license info is not protected they consider it public information. If it is available in any public manner you can post it on the internet. th

But accusing them of criminal behavior makes it slander. That's actionable.

RichC

ngateguy
11-05-03, 02:07 PM
But accusing them of criminal behavior makes it slander. That's actionable.

RichC

yes thats is true, and that will be one of the problems with a site like that people with grudges can post false info about someone on that site.

SD Fixed
11-05-03, 02:46 PM
yes thats is true, and that will be one of the problems with a site like that people with grudges can post false info about someone on that site.

Which is the crux of the problem, IMHO.

SteveE
11-05-03, 04:30 PM
You might want to take a look at this link (http://www.svbcbikes.org/) and click on File an Incident Report. This information is used by SVBC (Silicon Valley Bicycle Coalition) to collect information about bicycle-car incidents. No names or addresses are published on the website although the license plate number of vehicles involved in more than one incident is prvided in the summary report that is available on the website.

It would be a good idea for you to get legal advice before pursuing this further.

SD Fixed
11-05-03, 04:43 PM
website although the license plate number of vehicles involved in more than one incident is prvided in the summary report that is available on the website.

It would be a good idea for you to get legal advice before pursuing this further.

Yes. Get good legal advice. Trust me.

ChezJfrey
11-05-03, 04:44 PM
I should qualify what I've said and why. It goes to a certian situation where some one decided to take pictures of "wrong doers" and put them on the web. It became a nightmare, and people were pinged for doing things that were not wrong, but were easily seen that way. A picture can be taken a lot of different ways.

And truthfully, who is going to judge the validity of the claim against the driver? With some tactics that we as cyclist use, we are guilty of aggrevation of the situation.. it'd be wrong to then sit back and say "so and so is guilty". Your web site would not allow proper notification of the driver to explain or rebut. And what's not to stop someone (lacking in maturity) from putting up a neighbor they don't like.. or what not?

Just to many ways for it to be abused, and to many ways it lacks a check and balance.


And honestly, I was worried about many of these same things. . . and since there could be no investigation, the site would probably become worthless for these reasons. As I mentioned, it was just an early morning discussion that got us thinking.

SD Fixed
11-05-03, 04:50 PM
And honestly, I was worried about many of these same things. . . and since there could be no investigation, the site would probably become worthless for these reasons. As I mentioned, it was just an early morning discussion that got us thinking.
I understand the concern, the reasons, and believe it or not, I applaud that you want to do something: simply though, I think that the outcome would be disasterous, and that the effort going into it would be tremendous... And the issues that come up would hopelessly entangle you into such a way that you'd be creating dumb rule ontop of dumb rule to keep it even.

ChezJfrey
11-05-03, 04:54 PM
But accusing them of criminal behavior makes it slander. That's actionable.

RichC

But the intent is not to display the actual details of the complaint, but merely to link names with plate numbers (a possible eventuality if enough participation). Therefore, no accusations and no libel.

Our theoretical site would allow someone to log a complaint, and supply them with the name/address if available. They can take that to the police for investigation. My prior thread describes where Oregon law now dictates that police cannot investigate a traffic infraction they did not see unless the person filing the complaint knows the name and address of the driver committing the offense.

SD Fixed
11-05-03, 05:01 PM
Therefore, no accusations and no libel.

Think about it.. What is the site for? To label bad drivers. If your name is posted, you must be accused as being a bad driver...

Chris L
11-05-03, 08:14 PM
Since it was originally my post about the Queensland aggressive database that seems to have started this argument, perhaps I should offer some clarification. The database I referred to is held and maintained by the police. The names and personal details of the offenders are not made public, but stored on a database for future reference should their name come up repeatedly for harassing cyclists (or, I presume, other examples of dangerous/over aggressive behaviour).

Personally, I'd be against publishing publicly for the very reason mentioned at the start of this thread -- frivilous complaints. After all, it ins't exactly fair to publish someone's name as an "aggressive driver" for a one-off, relatively minor offence. Should that happen, the credibility of the whole exercise would be brought into question.

Personally, I'd just be happy to see the database continue to be maintained and released only to the police (who already have access to such personal details anyway).