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Avon & Somerset Police think there's no offence with this overtaking maneuvre

I submitted some cam footage to Avon & Somerset Police and they've responded that the car didn't commit any offence. Now, I'm not sure whether I should pursue this further as my view is that the car was dangerously too close and would be considered an unsafe pass even if he was going the same direction as me and I think (maybe pedantically) that he's foul of rules 163 and 167.

What's your opinion?

Here's the footage: https://youtu.be/f-s5iwjLEv4

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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20 comments

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Yorkshie Whippet | 6 years ago
0 likes

As others have said, the merc has already taken primary position and is passing stationary objects way before the cyclist had reached the other end of the stationary objects. There does not seem to be any line dividing lines.

I would go further and question the judgement or hazard perception of the cyclist. What part of git in big car travelling at speed blocking the road failed to register? At what point did the cyclist think, maybe I really should exercise valour over stupidity/ equal stubborn, concede the right of way and back out of the increasingly dangerous situation?

I have a very similar situation almost every time I ride, 10 seconds of my time is less valuable than my life/health or bike.

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bombalinafootball | 6 years ago
0 likes

I live in the Orkney islands and a lot of our runs are on single track roads. We commonly experience cars etc passing as close as this, as long as both parties are aware of each other I dont see a problem? The parked veichles on the road would be more of a concern to me personally.

 

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ChrisB200SX | 6 years ago
1 like

He's on your side of the road and doesn't care that you're a vulnerable road user. Driver was in the wrong and should give way, i see this every single day. Had you not been on a bike, and we're in a car, he'd have to give way or have a head-on and lose his no claims bonus.

It's definitely an offence in my book. Even if you'd stopped he's still passed you at speed on your side of the road and really not given you appropriate room. Not that the police will do anything.

I also try to take the lane more and sometimes stop in the road if necessary, so they are inconvenienced by having to stop too, they might learn they can't bully all cyclists into submission.

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Jimmy Ray Will | 6 years ago
0 likes

My take on it is that the Merc driver was being rude and aggressive but was acting within the law. 

I'd say you called his bluff... sort of 'wow there cowboy, this is my side of the road / right of way' to which he simply gave a classic 'F you' and carried on. 

You will naturally feel aggrieved by this, but realistically no laws were broken. 

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Jimmy Ray Will | 6 years ago
4 likes

My take on it is that the Merc driver was being rude and aggressive but was acting within the law. 

I'd say you called his bluff... sort of 'wow there cowboy, this is my side of the road / right of way' to which he simply gave a classic 'F you' and carried on. 

You will naturally feel aggrieved by this, but realistically no laws were broken. 

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Richard D | 6 years ago
1 like

Happens all the time to me.  The drivers choose to commit to overtaking the parked car(s) before spotting the bike.  Take the lane, slow down and I have occasionally resorted to just stopping in their path if they haven't left me enough space to pass to their right.

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hawkinspeter | 6 years ago
0 likes

Thanks for your comments everyone.

It sounds like I should leave this be as most people agree with the police decision and maybe next time I'll slow down a bit.

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alansmurphy | 6 years ago
2 likes

People are being a tad harsh here, would the Mercedes have been doing the same if you were on a Police motorbike?

He looked to be going fast with no intention of slowing. If the other cars were moving rather than parked it would definitely be considered dangerous, not sure why them being parked matters.

The issue is, cars do this to each other thousands of times a day, so long as there's only a brush of wing mirrors everyone is happy. The same shouldn't be accepted when you pass that close to flesh and bone...

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fenix | 6 years ago
0 likes

Hard to say really. He looked to be going fast but how fast were you going ? As has been said you would have been better taking primary and maybe slowing.

Can't see anything happening legally.

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Canyon48 | 6 years ago
5 likes

Must admit, don't see this as dangerous - at worst, a bit selfish, at best a naff bit of judgement.

Had I been driving, I would have slowed down and let the car through (and probably been a little annoyed). Had that happened on my bike, I would have gone through the gap and thought it was a bit of a squeeze.

Long Ashton Rd is a pain in the ass with all the parked cars. Taking a more central position on the road is the only real way of trying to prevent this happening.

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Mungecrundle | 6 years ago
2 likes

What, you mean that grey Merc that you couldn't be arsed to slow down just a teensie bit for so that he could complete his perfectly reasonable overtake of the parked cars safely?

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DoctorFish | 6 years ago
6 likes

Looked to me that the driver had already commited to the manouver, if I were you I would have just slowed a bit and let them through with a bit more space.

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hawkinspeter replied to DoctorFish | 6 years ago
2 likes

DoctorFish wrote:

Looked to me that the driver had already commited to the manouver, if I were you I would have just slowed a bit and let them through with a bit more space.

I thought the same after the event, but at the time I judged that there was just enough gap (luckily I was right).

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jaysa replied to DoctorFish | 6 years ago
3 likes

DoctorFish wrote:

Looked to me that the driver had already commited to the manouver, if I were you I would have just slowed a bit and let them through with a bit more space.

Agree. Motorists considering an overtake towards an oncoming bike can sometimes think 'It's a bike, so it'll be slow and I have time to overtake'.

In fairness, it's hard as a motorist to accurately assess the speed of an oncoming cyclist at distance.

Not fun for you though, was it? When this happens to me on the bike, I ease off or brake and sit up to be positive they've seen me. I also find a high cadence reduces this happening - perhaps because the visual cue to an alert motorist is that I may be going quickly.

Had I been driving the Merc, I think I would have braked hard and pulled toward the parked cars to show the bike that I'd notiecd, and give it more room as a vulnerable road user. I can see no reason why he didn't move toward his side of the road a bit toward the end - but Mercedes drivers do that to me when I'm driving as well!

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hawkinspeter replied to jaysa | 6 years ago
4 likes

jaysa wrote:

Had I been driving the Merc, I think I would have braked hard and pulled toward the parked cars to show the bike that I'd notiecd, and give it more room as a vulnerable road user. I can see no reason why he didn't move toward his side of the road a bit toward the end - but Mercedes drivers do that to me when I'm driving as well!

I think that's what I found most annoying - he left more room between his left side and the parked cars than he left for me.

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Canyon48 replied to hawkinspeter | 6 years ago
2 likes

hawkinspeter wrote:

I think that's what I found most annoying - he left more room between his left side and the parked cars than he left for me.

This times a million, it's not uncommon. Ridiculous isn't it  7

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themartincox replied to Canyon48 | 6 years ago
0 likes

wellsprop wrote:

hawkinspeter wrote:

I think that's what I found most annoying - he left more room between his left side and the parked cars than he left for me.

This times a million, it's not uncommon. Ridiculous isn't it  7

he's left enough room so not to hit a car door that might be opened!

also, he's in his manouvre way before you get to the cars, i'd have either slowed down or acceptepted that it's going to be close!

 

 

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Canyon48 replied to themartincox | 6 years ago
0 likes

themartincox wrote:

wellsprop wrote:

hawkinspeter wrote:

I think that's what I found most annoying - he left more room between his left side and the parked cars than he left for me.

This times a million, it's not uncommon. Ridiculous isn't it  7

he's left enough room so not to hit a car door that might be opened!

also, he's in his manouvre way before you get to the cars, i'd have either slowed down or acceptepted that it's going to be close!

 

 

Fair point re:car doors.

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hawkinspeter | 6 years ago
1 like

If you'd've been driving, then I bet he wouldn't have gone for that overtake.

With your complaint, did you submit it via http://www.avonandsomerset.police.uk/dashcam as I like their new facility (despite their decision). The previous time I submitted footage, I posted it to them on a disc and as it happened, they did act on that although it was just to "have a word" with the driver for their aggressive behaviour (and I fully agreed with them on that).

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Dr_Lex | 6 years ago
1 like

The Merc? Nah - he's already passing the parked cars.  If I had been driving, I'd have stopped to let him through.

(Disclaimer: A&S police acted on a complaint of mine)

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