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Kent motorist branded "a danger to cyclists" by judge is jailed for 10 months

Anger at cyclists riding two abreast led to Martin Hook knocking one off bike, causing him and fellow rider broken bones

A judge who sentenced a Kent motorist to ten months in jail has described him as “a danger to cyclists” following an incident last year in which he became so frustrated by a group riding two abreast that he knocked one off his bike, causing him and a fellow rider broken bones.

Martin Hook, aged 58 and from Marden where he runs a motorcycle business, had pleaded guilty to two counts of causing serious injury by dangerous driving.

He was also banned from driving for three years and will have to take an extended retest to get his licence back, reports the Kent & Sussex Courier.

One of the cyclists knocked over in the incident in September last year as they returned from a race, Lee Staples, broke his hand while the other, Darren Squirrel, a serving police officer, sustained a broken collarbone.

James Ross, speaking for the prosecution, told Maidstone Crown Court that Hook was driving to Tenderden with his two daughters when he encountered a group of cyclists on the road ahead.

“He was irate about them cycling two abreast, rather than single file,” he said.

As he passed them, he used his horn and drive his vehicle “a couple of inches away from one,” Mr Ross went on.

“The defendant got in front of them and was waving his arms in anger and shouting.

“He carried on until he came across the second group of cyclists.

“They included Darren Squirrel and Lee Staples. He drove close to Mr Staples and knocked his bike, causing him to crash into Mr Squirrel,” he added.

Speaking in mitigation on behalf of Hook, defence barrister Ian Henderson said he had been in business difficulties since the recession and that his client had been frustrated by what he believed was a lack of regard among cyclists for other road users.

“He was in a very stressful environment,” Mr Henderson said. “In that stressful environment he found himself in contact with the cyclists.

“He was frustrated by what he saw as cyclists not paying much regard to other road users. They were straddled along the road.

“He accepts he pointed and remonstrated with the first group. He didn’t intend any collision. He doesn’t recall there being contact. He accepts there must have been some.

“He is a hard working family man and these offences are utterly out of character,” Mr Henderson added.

Passing sentence on Hook, Judge Charles Macdonald QC said he was “satisfied the cyclists were deliberately endangered.”

He told him: “You are an honest, hard-working family man. There will be hardship as a result of the sentence for your family as a result of your driving.

“In my judgment, there is no true remorse here and no real insight. You are, and remain, a danger to cyclists.”

The Kent & Sussex Courier’s report of the case did not mention that riding two abreast is permitted under the Highway Code, something that was pointed out to the newspaper in the comments.

Rule 66 of the Highway Code says: “You should… never ride more than two abreast, and ride in single file on narrow or busy roads and when riding round bends.”

The custodial sentence imposed on Hook contrasts with some that have been handed down recently in cases where motorists have been convicted of the more serious offence of causing death by dangerous driving, which carries a maximum penalty of 14 years’ imprisonment compared to five years for the offence in this case.

Last month, lorry driver Paul O’Callaghan was given a suspended sentence after pleading guilty to causing the death by dangerous driving of cyclist Tarsem Dari in Southall, West London, in July 2013.

In July last year, David Cox, the lorry driver who pleaded guilty to causing the death by dangerous driving at Bow Roundabout of Brian Dorling as he rode to work also received a suspended sentence.

The issue of sentencing in cases where a vulnerable road user such as a cyclist or pedestrian is the victim is currently been reviewed by the government following pressure from organisations including British Cycling, CTC and RoadPeace.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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54 comments

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allez neg | 9 years ago
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Of my little peloton here in Bedfordshire, all of us drive/own and like cars, with the majority using them as regular transport, one is employed as a van driver for a supermarket, one (up until recently) had a Suzuki Hayabusa, I have a Yamaha R6 which I try to enjoy to its fullest extent and there's even a copper amongst our ranks - who has yet to display any cyclist hating or fascistic tendencies. As we're all heterosexual white males in the 25-45 age range with varying degrees of disposable income, I guess we fit with the majority of modern cyclists / bicycle riders in the UK, and fit the demographic that the bike companies get some good revenue from.

As a general rumination on this site regarding the more vociferous commenters on it I cannot help but think that it tends to portray road cyclists as a pretty fucking weary bunch of car haters endlessly harping on about how everyone is against them.

I really don't think I belong here.

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yenrod | 9 years ago
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We all know that 'car drivers', have for some inane reason, lack exactly that REASON. When I drive i find unbeleiveably inane. I amaze' at the comfort and look in admirance at cyclists who 'tough it out' on the roads just like myself and us'.

I view anyone who even thinks negatively towards anyone on a bike as an instant war-crimes subject.

To put it plainly;

Their's a bad attitude in this country amongst people who drive, a VERY BAD attitude, it needs to be addressed and addressed firmly.

The standard of driving is diminishing to astounding levels...to the extent i literally feared for my life even just riding a straight road.

At one point i even considered giving it up after 25 hardcore years and in December had 3 misses that very nearly ended me' !

I've noticed with a small minority of vehicle users that they just dont like us'; be it jealousy, aggression or absent mindedness, this the resultant thoughts via experiences in group rides or chain gangs.

I hope the entry of the 'tour to this land gets and changes some people attitude away from the get, get, get of daily life to consider 2 wheels and realise that we are flesh and bone not glass and metal and soo dearly injure and damage when impacted.

Stay safe out there, all !

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Ridgebackrambler | 9 years ago
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To a certain extent I sympathise with him. I was recently down in the Westcountry and two cyclists were taking up the whole of the road by selfishly riding abreast of each other where it would have been much easier to ride in tandem. But even worse they were remonstrating vociferously and aggressively with any motorist who had the temerity to point this out including one severely disabled woman driver.
Now I know you get knobheads on both sides of the debate and nothing excuses deliberately driving at cyclists but there needs to be consideration on both sides. Many mostorists think that we cyclists think we own the road precisely because some act as if we do.

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FluffyKittenofT... replied to Ridgebackrambler | 9 years ago
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Ridgebackrambler wrote:

To a certain extent I sympathise with him. I was recently down in the Westcountry and two cyclists were taking up the whole of the road by selfishly riding abreast of each other where it would have been much easier to ride in tandem. But even worse they were remonstrating vociferously and aggressively with any motorist who had the temerity to point this out including one severely disabled woman driver.
Now I know you get knobheads on both sides of the debate and nothing excuses deliberately driving at cyclists but there needs to be consideration on both sides. Many mostorists think that we cyclists think we own the road precisely because some act as if we do.

Personally I've always thought that motorists think they own the road, precisely because most of them act as if they do.
Do you think petrolhead forums are full of drivers bemoaning that fact and telling each other to not let the side down?

Granted, I hardly ever ride those ridiculous country lanes, with their absurdly high speed limits, poor visibility and subsidised motor-traffic, but I note that many in the country can't walk from one place to another precisely because of the way motorists 'own' those lanes.

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PhilRuss replied to Ridgebackrambler | 9 years ago
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Ridgebackrambler wrote:

To a certain extent I sympathise with him. Many mostorists think that we cyclists think we own the road precisely because some act as if we do.

[[[[[ "Mostorists"? Were you trying to say "monsterists", by any chance?
P.R.
[[[[[ Also, this "severely disabled woman driver" you're defending---is there now a "SEVERELY disabled" badge I've not seen yet?
P.R.

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Ridgebackrambler replied to PhilRuss | 9 years ago
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Mostorists or even monsterists are both pretty good words but obviously what I really wanted to type was motorists (there's no spell check on here!!!)

The point about the woman being severely disabled was that she actually was. I saw her trying to get out of the car. Quite a few people borrow/use others' disabled badges don't you know? Does it make it any better if she's severely disabled or merely disabled? It's still very upsetting when a cyclist gets all macho and aggressive on you.

But the real point and the one you've cleverly ignored is that there's a strident group of cyclists out there who think "Two wheels good; four wheels bad." and don't allow for any shades in between. As many of these posts point out there needs to be a huge amount of education about how to use the roads courteously and safely both by cyclists and monsterists (deliberate)

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Sedgepeat | 9 years ago
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This was a deliberate and dangerous act that deserved a jail sentence.

However there is no excuse to ride two abreast presumably for no other reason than socialising. In failing to make way for faster traffic, cyclists are imposing their speed on others. It is a failure to consider other road users and does cause resentment.

What is particularly silly is the idea that it deters overtake attempts. That would make sense if clad in steel casing but to use one's own body as a block of heavy machinery is something normal people wouldn't even consider as sane. With the added dimension, as in this case, no idea of the ability or mental process of complete strangers.

The right not to be killed or turned into a paraplegic does not mean it wont happen if we continually place ourselves in dangerous places as sadly several top riders have proven.

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FluffyKittenofT... | 9 years ago
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harman_mogul wrote:
FluffyKittenofTindalos wrote:

Its not as if there is a shortage of cops who are poor-to-mediocre drivers!

Do you have any evidence of this, or is it just routine bad-mouthing of the police?

Well I could start by pointing at the number of instances I personally see of police vehicles rolling into ASLs on red.
Then throw in the reported cases where police drivers have killed people through bad driving, or been caught speeding at ludicrous speeds when not on duty.

But how is it 'bad mouthing the police' to point out they are not that different from other drivers? Most of them are drivers, a lot of drivers in general are not that great at it.

The point is (as with racism, say) they are much the same as the population they are drawn from, and have the same biases, not that they are uniquely wicked.

Hell, they could even be better drivers than most, on average, and my original statement would still stand. The only thing is that I'm pretty sure cops are far more likely than the general population to actually be drivers at all and that is likely to influence how they view things.

(Come to think of it, that can probably join race as another issue with the police in inner London differing from the population they are policing).

Which is why I find a cop travelling by means other than a car to be a cheering thing.

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WolfieSmith | 9 years ago
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I ride with a copper. I keep suggesting he keep his warrant card in his back pocket.

Rule 66 is fine in theory but written in a different era. All the roads I ride on are either narrow or busy - or both.  17

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Stumps | 9 years ago
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Put it this way, an assault in the street whereby someone sustained a broken wrist and and a dislocated collar bone would never get a 10 month sentence for a first time offender, which the bloke here seems to be.

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oldstrath replied to Stumps | 9 years ago
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stumps wrote:

Put it this way, an assault in the street whereby someone sustained a broken wrist and and a dislocated collar bone would never get a 10 month sentence for a first time offender, which the bloke here seems to be.

Shame the law can't distinguish between the unpleasant but not life-threatening assault, which you seem to be describing, and using a deadly weapon in a manner which only avoids killing someone by fluke.

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Bikebikebike replied to Stumps | 9 years ago
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stumps wrote:

Put it this way, an assault in the street whereby someone sustained a broken wrist and and a dislocated collar bone would never get a 10 month sentence for a first time offender, which the bloke here seems to be.

So if you have a baseball bat and you smack two people with it indiscriminately with no care for what damage you do, then you will get less than 10 months? Seems to me like that would come under the category of "Wounding with intent to do grievous bodily harm", which seems to carry around a 5 year sentence before you start worrying about the aggravating factors.

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Stumps replied to Bikebikebike | 9 years ago
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Bikebikebike wrote:
stumps wrote:

Put it this way, an assault in the street whereby someone sustained a broken wrist and and a dislocated collar bone would never get a 10 month sentence for a first time offender, which the bloke here seems to be.

So if you have a baseball bat and you smack two people with it indiscriminately with no care for what damage you do, then you will get less than 10 months? Seems to me like that would come under the category of "Wounding with intent to do grievous bodily harm", which seems to carry around a 5 year sentence before you start worrying about the aggravating factors.

I give up, i really do.

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Bikebikebike replied to Stumps | 9 years ago
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stumps wrote:
Bikebikebike wrote:
stumps wrote:

Put it this way, an assault in the street whereby someone sustained a broken wrist and and a dislocated collar bone would never get a 10 month sentence for a first time offender, which the bloke here seems to be.

So if you have a baseball bat and you smack two people with it indiscriminately with no care for what damage you do, then you will get less than 10 months? Seems to me like that would come under the category of "Wounding with intent to do grievous bodily harm", which seems to carry around a 5 year sentence before you start worrying about the aggravating factors.

I give up, i really do.

Most sensible thing you've said in a while.

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oldstrath replied to Stumps | 9 years ago
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stumps wrote:
Bikebikebike wrote:
stumps wrote:

Put it this way, an assault in the street whereby someone sustained a broken wrist and and a dislocated collar bone would never get a 10 month sentence for a first time offender, which the bloke here seems to be.

So if you have a baseball bat and you smack two people with it indiscriminately with no care for what damage you do, then you will get less than 10 months? Seems to me like that would come under the category of "Wounding with intent to do grievous bodily harm", which seems to carry around a 5 year sentence before you start worrying about the aggravating factors.

I give up, i really do.

Why? Because you think indiscriminate wielding of a baseball bat won't be severely punished, or because, like most people involved with the law, you have yourself persuaded that somehow reckless driving isn't like reckless baseball bat wielding? That reckless baseball batters may be bad people, but reckless motorists are all lovely cuddly family loving charitable religionists who only need a hug?

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Bob's Bikes | 9 years ago
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May I be the first of the commentators on here to say THANK YOU to Judge Charles Macdonald QC to see through the obvious BS excuses of the defence and probably the first (hopefully of many) to say enough is enough and start to ramp up the sentences on drivers involved in collisions with cyclists.

Some people are saying sentence not harsh enough and I agree, but it is a damn sight better than some of the woefully inadequate sentences of late.

Perhaps just perhaps the wind is changing.

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oldstrath replied to Bob's Bikes | 9 years ago
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FATBEGGARONABIKE wrote:

May I be the first of the commentators on here to say THANK YOU to Judge Charles Macdonald QC to see through the obvious BS excuses of the defence and probably the first (hopefully of many) to say enough is enough and start to ramp up the sentences on drivers involved in collisions with cyclists.

Some people are saying sentence not harsh enough and I agree, but it is a damn sight better than some of the woefully inadequate sentences of late.

Perhaps just perhaps the wind is changing.

The problem is that, even having seen the lies and BS for what they were, he still hands out (maybe had to hand out because of pathetically soft guidelines) a trivial punishment that does nothing to say to this toerag, or others like him. that this is unacceptable behaviour.

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noether | 9 years ago
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Those who mention the lack of education have a point. Until cycling becomes a major feature of the traffic landscape, scores of drivers will remain convinced that the roads are "theirs" and cyclists have no place on them.

Only "heavy" investments in cycling infrastructure (including public transport) to make cycling safer and more convenient - the cheap and easy bit - paired with massive media campaigns - the expensive and difficult bit - will produce the necessary mind change. It has been done before and is well worth the effort given the potential for substantial increases in well being, impressive decreases in public health cost and better spending of taxpayer money.

Timid tweaks will only yield insignificant improvements. What is needed is a bold leap forward. Make it happen!

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Das | 9 years ago
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Metal Box Syndrome at its worst. The Government really needs to look at a proper and concerted effort to educate the motorist on what to do when you meet cyclists on the road. I wonder if this idiot would have done the same had it been two motor cyclists, i highly doubt it.

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dp24 | 9 years ago
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Quote:

Speaking in mitigation on behalf of Hook, defence barrister Ian Henderson said he had been in business difficulties since the recession and that his client had been frustrated by what he believed was a lack of regard among cyclists for other road users.

That is not mitigation. I have stress at work, and get frustrated by traffic on the road. That doesn't mean I can drive in a fashion that endangers others.

If he's deemed a 'risk to cyclists', he should not be allowed back on the road ever, never mind three years.

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IanW1968 | 9 years ago
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I even had one on the opposite side of an otherwise empty country road gesticulating for me and a mate to ride single file.

It's the same as the road tax thing and could be fixed with a little bit of education.

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Tom Amos | 9 years ago
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If you use your car as a weapon, you should be banned from driving for life.

Mind you, could be interesting to hear what his insurance quote will be when he reapplies for his license.

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edster99 | 9 years ago
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I think its relevant about driving instruction.
a) you are right about the lack of training about how to interact with cyclists e.g. 2 abreast is OK.
b) thinking about my own experience of driving, when I took my test there was no such thing as an ASL (or if there was, we weren't told about it).
It made me think, what should we be doing about informing / retesting drivers on changes to driving law / driving regulations / new requirements? I understand cyclists get unhappy about car drivers jumping into ASLs, with good reason. But we should be aware that many people have no idea what they are. They have never received instruction on them, and there's no obvious way of being updated about it. So it makes me think there is a massive hole in the way drivers are instructed, and particularly being kept up to date. Not sure how we can improve that...

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Paul_C replied to edster99 | 9 years ago
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edster99 wrote:

I think its relevant about driving instruction.
a) you are right about the lack of training about how to interact with cyclists e.g. 2 abreast is OK.
b) thinking about my own experience of driving, when I took my test there was no such thing as an ASL (or if there was, we weren't told about it).
It made me think, what should we be doing about informing / retesting drivers on changes to driving law / driving regulations / new requirements? I understand cyclists get unhappy about car drivers jumping into ASLs, with good reason. But we should be aware that many people have no idea what they are. They have never received instruction on them, and there's no obvious way of being updated about it. So it makes me think there is a massive hole in the way drivers are instructed, and particularly being kept up to date. Not sure how we can improve that...

Mandatory theory retest every 5 years perhaps? Make it a big blitz on things that have been added/changed in the last few years in the highway code plus some safety related questions that if gotten wrong mean an automatic fail.

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nowasps | 9 years ago
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Had one of these "Single File" twerps screaming and honking and close-passing us on a group ride today. It would save a whole lot of bother if the two abreast thing was promoted a bit more. Maybe mentioned by driving instructors perhaps?

Trying to hurt and frighten people isn't on under any circumstances, but it's ignorance of the facts that carries these simpletons into these situations.

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Cyclic | 9 years ago
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I wonder how many of us have been dealing with struggling businesses since the recession but have managed to not drive deliberately at other human beings? Stressful? If it had slowed his journey by 2 mins I would have been surprised. One moment of anger from an honest, hard working man? The judge did the right thing, this wasn't a driving mistake, we all make errors, this was pure anger which could have resulted in serious injury or worse. You break someone's wrist on the street, a GBH conviction is coming your way. The mere fact that you did it with a vehicle makes no odds. Hopefully this will be publicised as a warning to any other angry drivers out there. It's all been said before of course...

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Neil753 | 9 years ago
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If the judge believes that this person "remains a danger to cyclists", who's to say how long that danger will persist after he gets his licence back, or indeed whether the likelyhood of aggressive behaviour has increased as a result of his incarceration. Who knows what goes on in the minds of drivers like this one.

The sensible thing, surely, is to hand out lifetime bans for anyone who displays agression like this behind the wheel.

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Ush replied to Neil753 | 9 years ago
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Neil753 wrote:

The sensible thing, surely, is to hand out lifetime bans for anyone who displays agression like this behind the wheel.

Leave the roads to the not-proven-insane. Seems like logic.

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allez neg | 9 years ago
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What a c*nt.

And a motorcyclist too, a vulnerable road user who really ought to know better.

Yet another whom I hope is plagued by piles the size of Poland for the rest of his days.

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IanW1968 | 9 years ago
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Same happened to a group I was riding in.
The police were reluctant to do anything despite four written statements.
Eventually (12 month later)the driver was charged with driving without care and attention 3 points and. £30 quid fine.

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