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Near Miss of the Day 3: Audi caught on film – but police won't act

Our regular feature highlighting close passes caught on camera from around the country – today it’s Swindon

The cyclist who suffered this incident on June 7 in Swindon was told by police that no action would be taken due to insufficient evidence.

Ash was heading straight over a roundabout on Kembrey Road and says that the Audi driver looked at him, “then floored it.”

He reported the incident but was last week told by Wiltshire Police that “the footage provided does not show enough of the behaviour of the alleged offending vehicle to prove beyond reasonable doubt that the driver committed any traffic offences.”

The incident is similar to one road.cc reported on last week in which a driver cut in front of a Derbyshire cyclist at speed, missing him by centimetres.

Derbyshire Constabulary initially declined to take action and didn’t even watch the footage. However, following pressure from Cycling UK and Chris Boardman, the driver is now being prosecuted and the force has also pledged to review its policy regarding the submission of video evidence.

Over the years road.cc has reported on literally hundreds of close passes and near misses involving badly driven vehicles from every corner of the country – so many, in fact, that we’ve decided to turn the phenomenon into a regular feature on the site. One day hopefully we will run out of close passes and near misses to report on, but until that happy day arrives, Near Miss of the Day will keep rolling on.

If you’ve caught on camera a close encounter of the uncomfortable kind with another road user that you’d like to share with the wider cycling community please send it to us at info [at] road.cc or contact us via the road.cc Facebook page.

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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100 comments

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mikewood | 6 years ago
4 likes

The pic shows a bit better where the lines start and the fact that the cyclist was lucky to avoid someone who either didn't see him or just ignored him

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mikewood | 6 years ago
6 likes

And finally, the view from the Audi. Lots of street furniture on the right on the approach so possibly didn't see him but still inexcusible to just drive straight out into a junction that you can't see properly. 

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Podc | 6 years ago
2 likes

Thank you mikepridmorewood.

I had been reading some of these comments with increasing disbelief!

 

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davel | 6 years ago
1 like

@mikepridmorewood: great pics, thanks.

I agree the Audi driver should have given way - probably the greatest infraction.

The cyclist shouldn't have cut the roundabout - should have stayed left.

Both need to do better.

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kil0ran | 6 years ago
1 like

My approach to roundabouts whether cycling or driving is the same: assume that people will do stupid and unexpected things. If you know anyone who's had a car accident on a roundabout they'll probably tell you it ended up 50:50 on insurance because its impossible to prove fault. Navigating a roundabout is largely based on assumptions about what the other party is going to do, and being able to adjust your driving when those assumptions when they're wrong.

The HC advice about riding around the outside of a roundabout seems to invite conflict with drivers. They'll expect someone to be taking the 1st or 2nd exit in that situation, definitely not the third. If its a straight-through four-armed roundabout and you're taking the third exit on a bike you're risking a driver straight-lining the roundabout about speed and t-boning you. You'll also get called Big Swears if you do it (probably slightly smaller swears if you take the lane but less risk of getting totalled by the straight through high speed driver.)

Right, off to play on the 8 roundabouts on my commute home  4 

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ktache | 6 years ago
7 likes

I have resisted for too long...

I have linked to it before.

I give you Audis in Houses

https://aseasyasridingabike.wordpress.com/2015/12/26/audis-in-houses/

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700c | 6 years ago
4 likes

It's astounding that people are using 'the lane is clear' or 'well, what would you do on a dual carriageway' arguments.

This is a roundabout! People are going to be changing lanes to exit, if they're going round. You can't just assume someone on inside lane is going to carry on in that lane. The Audi didn't necessarily know which entrance the cyclist used and therefore whether he was about to change lanes and exit properly, or 'take the racing line' as he ill-advisably did.

This is why you give way to traffic already on the roundabout.

No way would I have proceeded with a cyclist already on. But then I drive a volvo.

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shay cycles | 6 years ago
2 likes

I'm surprised to see so much debate on this one (irony!).

The reality is much simpler that most are making it our to be.

Regardless of priorities, signals, choice of lane or speed the driver of the Audi passed another vehicle on the inside (left in the UK). That very clearly puts the driver in the wrong.

The reason drivers must not pass on the inside in the UK is exactly because the vehicle in the right hand lane might move to the left.

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The Rake | 6 years ago
1 like

I was going to defend Audi drivers as I drive an A3 estate myself (lots of room for bike and family), but an Audi passenger lobbed an empty bottle of coke at me today as I was riding through Weybridge. Maybe the passengers are worse....

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Podc | 6 years ago
0 likes

But the car driver is not undertaking or overtaking the cyclist - he is joining the roundabout from the left - straight in front of the cyclist who then has to brake and swerve to avoid.  You get a glimpse of the Audi about 3 seconds into the video as it approaches the roundabout and enters it without giving way.

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markysd | 6 years ago
1 like

It looks like poor judgement on the drivers part to me. Every time I approach the entry to a roundabout, both as a cyclist and a driver, I assume that the person already on the roundabout will do something unpredictable, especially if they are not indicating.  

The driver did not know the intentions of the cyclist and should have therefore waited until those intentions became clear. Yes the cyclist's positioning could be better perhaps and they could have indicated, but at the same time they weren't indicating to go around the roundabout either.

 

 

 

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hawkinspeter replied to ktache | 6 years ago
3 likes

ktache wrote:

I have resisted for too long...

I have linked to it before.

I give you Audis in Houses

https://aseasyasridingabike.wordpress.com/2015/12/26/audis-in-houses/

Finally, a beacon of sense in this senseless debate.

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BehindTheBikesheds replied to shay cycles | 6 years ago
0 likes

shay cycles wrote:

I'm surprised to see so much debate on this one (irony!).

The reality is much simpler that most are making it our to be.

Regardless of priorities, signals, choice of lane or speed the driver of the Audi passed another vehicle on the inside (left in the UK). That very clearly puts the driver in the wrong.

The reason drivers must not pass on the inside in the UK is exactly because the vehicle in the right hand lane might move to the left.

yet more drivel, I hope to god you're not a driving instructor or have any cause to be in charge of a motorvehicle. This is NOT overtaking as you are describing and the rules on a motorway or d/c do not apply in this instance. The motorist pulls into a CLEAR LANE, AFTER the cyclist and holds his lane. the cyclist however contrary to the highway code moves into an unclear lane without checking nor indicating notwithstanding he was in the wrong lane in the first place so shouldn't have tried cutting the lanes.

The reality is you and many on here have no idea what you're talking about and simply want to ignore the rules of the road and make up ones that don't exist.

Reverse the roles here and people on here would be accusing the car driving of deliberately driving toward the cyclist.

Suggest those thinking the car is at fault go get some training both for cycling and for car driving!

I'm glad the police took no action but they should have warned the idiot on the bike about HIS actions.

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mikewood | 6 years ago
4 likes

Once he gets onto the roundabout he's near the centre when he spots a car approaching from the left that shows no sign of stopping at the give way so starts to take avoiding action by turning to the right and braking hard, both of which need both hands on the bars. You can see the line starting to the right here for the benefit of traffic from the left going straight on.

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mikewood | 6 years ago
5 likes

Lets have a look at the real roundabout and you'll see what has really happenened!

 

This is the view the cyclist has approaching the roundabout. LH lane goes left so he has the other lane but in the video it looks like he moves late. He hasn't, it's the lane that's short. Nothing coming from the right so he proceeds straight across which as you can see is slightly right. Notice the lack of lane markings on the roundabout so there is only one lane.

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700c | 6 years ago
4 likes

So we're pretty confident on Audi's point of entry (as is the rider involved) to conclude should have given way as rider was already on roundabout.

That is the rule.

Breaking it was dangerous and trumps any misdeeds from the cyclist (e.g poor lane positioning lack of sgnal)

And anyway he couldn't even signal to exit as too busy braking to avoid the dickhead !

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joolzkite | 6 years ago
2 likes

So let me understand this.

The cyclist is in the right for being in the wrong lane to turn left, with no signals for any other road users to see, but should be allowed to turn left.

The car was a little hasty in the speed area I would think by the look, but if the boot was on the other foot, ie there was a car in the ahead lane that didn't signal and just went to turn left in front of a cyclist he would be in the wrong too.

Not saying car drivers aren't prats sometimes, but come on, we all obey the rules of the road, turning left - left hand lane. Going ahead/ turn right - right lane.

Don't berate a driver for not reading his mind, but for being a little on the quick side.

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Dnnnnnn replied to joolzkite | 6 years ago
3 likes

joolzkite wrote:

So let me understand this.

The cyclist is in the right for being in the wrong lane to turn left, with no signals for any other road users to see, but should be allowed to turn left.

The car was a little hasty in the speed area I would think by the look, but if the boot was on the other foot, ie there was a car in the ahead lane that didn't signal and just went to turn left in front of a cyclist he would be in the wrong too.

Not saying car drivers aren't prats sometimes, but come on, we all obey the rules of the road, turning left - left hand lane. Going ahead/ turn right - right lane.

Don't berate a driver for not reading his mind, but for being a little on the quick side.

As suggested a few comments ago, it might well have been that the driver just pulled out in front of the cyclist when the cyclist was already on the roundabout and had priority to pass across the front of the Audi, regardless of whether the cyclist intended going straight across the roundabout or turning right.

But it's difficult to be sure from the video where the Audi has come from - from the left, or from behind? Either way, the driver shouldn't have cut up the cyclist aggressively.

Even if you ride poorly, aggressive driving isn't justified. Safety - your own and others - first.

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Simmo72 | 6 years ago
2 likes

roadcc url change needed

roaddeathdangeryouwilldiebywhitevanaudibmwangrydriverswhodespiseyouandyourkinddon'tbuyabikeYOUWILLDIE.CC

 

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FatBoyW | 6 years ago
0 likes

Love the click bait on here -

 

No Signalling! Really! Do his socks comply with the rules?! NO! Surely this isn't a cyclist just a bike rider? 

In much the same way as all Audi drivers must be dangerous nutters based on the drivel written here. Pretty sure Audis are controlled in the same way as any other car and as for being more powerful - just read the stats of cars, not true. 

Does look like poor road design.

Even the diatribes about lack of police response - what we need are new laws properly designed so they can prosecute effectively to end all these close passes.

 

Oh and all Audi owners (can't call them drivers) be boiled in the sweated fat from their own loins and then quartered in the proper style befitting English justice.

 

I'll just go and get my bike out of the back of my Audi...

 

Bless you Burt not smiled as much for ages - with your blameless record -  love it. My own record is far worse but I am happy to report never an incident  with a cyclist .

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mikewood | 6 years ago
1 like

 

 

 

Cyclist is going East to West, Audi is going South to North

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mikewood | 6 years ago
1 like

Looking at it on google maps it becomes obvious.

The cyclist was going straight on but in the narrow view we get from his camera it looks like he's changing lanes when in fact the markings on the road are showing a lane turning left as he approaches the roundabout. It looks like a last second lane change but isn't as the lane only starts just before the roundabout. The Audi is actually approaching from the left and going at 90 degrees to the bike, so is never behind the cyclist. It looks like the cyclist has changed lanes when what he's actually doing is starting to avoid the Audi who obviously is not going to stop, maybe because the cyclist is in his blind spot behind the pillar. I've had a similar accident at a junction and as a cyclist you instinctively take avoiding action by turning right and braking, eactly what happened here.

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paradyzer | 6 years ago
0 likes

What strikes me time after time is some cyclists' ignorance of the facts that they are the weakest and the most vulnerable users of the road, and that they have to do all there is to keep themselves safe.. Failing to indicate, look around you before a junction and not making it absolutely clear where you're going puts the cyclist at risk, we all know the police won't do much even if an accident occurs! If a cyclists makes a mistake, they tend to draw the shortest straw, and if a motorist makes a mistake, guess what, same as above. No one can refund you with an another chance to indicate the next time if you've been splattered across the road by whatever car it is. This culture sadly sports way too many people who will not behave adequately behind the wheel, therefore expecting them to change for the better is naive, unfortunately, as wrong as that situation is! The cyclists have to make their actions absolutely clear, and the very fact there is a debate about what he was trying to do says enough about his actions.

Also worth adding that if you indicate and make eye contact with drivers means you're engaging with the traffic around you, and drivers will be more inclined to give you space on the road. Mutual respect works with most people still I'd say.

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Russell Orgazoid | 6 years ago
3 likes

Audi went through a give way sign when cyclist was on the roundabout. Don't muddy the waters talking about hand signals.

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wycombewheeler replied to Russell Orgazoid | 6 years ago
2 likes
Plasterer's Radio wrote:

Audi went through a give way sign when cyclist was on the roundabout. Don't muddy the waters talking about hand signals.

So multi lane rounabout; if someone is in any of the lanes no one can enter even if the lane they need is clear?

Not much point having multi lane roundabouts then is there?

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davel replied to wycombewheeler | 6 years ago
2 likes
wycombewheeler wrote:
Plasterer's Radio wrote:

Audi went through a give way sign when cyclist was on the roundabout. Don't muddy the waters talking about hand signals.

So multi lane rounabout; if someone is in any of the lanes no one can enter even if the lane they need is clear?

Not much point having multi lane roundabouts then is there?

Yeah I think this is the ambiguity - it's impossible to tell from the video what that situation looked like (position and direction of cyclist) to the driver when they got to the roundabout. I'm guessing the cyclist was middle-ish/across lanes and heading across towards their exit, plus the lane markings are beaten up, so the driver should have given way/hung back. I don't know the roundabout, but if I was approaching it I'd expect it to function as a normal roundabout.

But as to your point about multilane roundabouts - I dislike them. They function as 'get in lane' junctions and not actual roundabouts, and make people forget how to use actual roundabouts.

Cyclist positioning was still wrong though.

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700c replied to wycombewheeler | 6 years ago
3 likes
wycombewheeler wrote:
Plasterer's Radio wrote:

Audi went through a give way sign when cyclist was on the roundabout. Don't muddy the waters talking about hand signals.

So multi lane rounabout; if someone is in any of the lanes no one can enter even if the lane they need is clear?

Not much point having multi lane roundabouts then is there?

They're to allow traffic to enter at the same time from the same road where they're taking different exits. It doesn't mean you don't have to give way to the right, ie traffic already on the roundabout!!

(Assuming Audi came from the next entrance and didn't actually enter to the left of the cyclist, at the same time, from the same road)

As usual, impatience and excessive speed seem to compound the issue.

As for Audi drivers, the make is far to common to brand them all as c&nts but a lot of them sure are!

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TriTaxMan replied to 700c | 6 years ago
0 likes

700c wrote:
wycombewheeler wrote:
Plasterer's Radio wrote:

Audi went through a give way sign when cyclist was on the roundabout. Don't muddy the waters talking about hand signals.

So multi lane rounabout; if someone is in any of the lanes no one can enter even if the lane they need is clear? Not much point having multi lane roundabouts then is there?

They're to allow traffic to enter at the same time from the same road where they're taking different exits. It doesn't mean you don't have to give way to the right, ie traffic already on the roundabout!! (Assuming Audi came from the next entrance and didn't actually enter to the left of the cyclist, at the same time, from the same road) As usual, impatience and excessive speed seem to compound the issue. As for Audi drivers, the make is far to common to brand them all as c&nts but a lot of them sure are!

700c - you can see early on in the footage the Audi driver approaching the entrance to the roundabout on the cyclists left.  The Audi most definitely did not come from the same entrance as the cyclist.

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Dnnnnnn replied to TriTaxMan | 6 years ago
0 likes

craigstitt wrote:

you can see early on in the footage the Audi driver approaching the entrance to the roundabout on the cyclists left.  The Audi most definitely did not come from the same entrance as the cyclist.

I didn't spot that earlier, and still can't be sure it was that Audi. It would put a different complexion on things but the video doesn't show enough for the police to do anything.

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Russell Orgazoid replied to wycombewheeler | 6 years ago
1 like

wycombewheeler wrote:
Plasterer's Radio wrote:

Audi went through a give way sign when cyclist was on the roundabout. Don't muddy the waters talking about hand signals.

So multi lane rounabout; if someone is in any of the lanes no one can enter even if the lane they need is clear? Not much point having multi lane roundabouts then is there?

Clown. Passed a give way sign and almost collided with another road user.

GIVE WAY SIGN.

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