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Near Miss of the Day 128: Driver follows up close pass with a punch

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

Today’s near miss video features a particularly unpleasant denouement with the driver responsible seeing fit to exit his vehicle to launch a punch at the cyclist.

The incident took place on Portswood Road, Southampton on March 26.

Dan stopped at a pedestrian crossing and a driver overtook him as he pulled away, passing sufficiently closely that Dan first waved to warn him and then tapped his car when that had no effect.

“That's what upset him,” said Dan.

Some 30 seconds later, the driver pulled into a side road and got out, walked up to Dan and punched him as he passed.

Dan says Hampshire Police told him it was “not in the public interest” to do anything and his personal conclusion is that the force doesn’t have the resources to take action.

“My view is that the level of police resource ought to be provided by the government to be able to take action in a case like this. I wrote to my MP, Caroline Noakes, making that point and whilst I got an offer to take the matter up with the police, I received no response on the matter of resources.”

> Near Miss of the Day turns 100 - Why do we do the feature and what have we learnt from it?

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 send us a message via the road.cc Facebook page.

If the video is on YouTube, please send us a link, if not we can add any footage you supply to our YouTube channel as an unlisted video (so it won't show up on searches).

Please also let us know whether you contacted the police and if so what their reaction was, as well as the reaction of the vehicle operator if it was a bus, lorry or van with company markings etc.

> What to do if you capture a near miss or close pass (or worse) on camera while cycling

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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43 comments

Avatar
wycombewheeler replied to BehindTheBikesheds | 6 years ago
3 likes
BehindTheBikesheds wrote:

So if billy big bollocks would strike a police officer they would equally do nothing at all, or are they insuinuating that applying the law only matters when it's one of their own. Well we already know this is true.

If the cyclist had punched the motorist this would be all over the news and police would investigate and take action. Public order offence, common assault, dangerous driving and overtaking on a zebra crossing too.

Not in the public interest, this crunt will really hurt someone in the very near future, it's very much in the public interest to do something about him.

Wankers.

 

Don't forget it woukd be debated in parliament and the law changed.

Avatar
racyrich | 6 years ago
2 likes

 Private prosecution for assault?

Avatar
zero_trooper replied to racyrich | 6 years ago
7 likes
racyrich wrote:

 Private prosecution for assault?

Sod that! Get the police to do their job properly  22

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zero_trooper | 6 years ago
4 likes

'Not in the public interest' is an expression used by the CPS where a case has been investigated (by the police) and they decide that there is evidence, but it is not 'worth' proceeding with to court.
In this case it would appear that the expression has been used by the police to fob off a victim of an aggravated assault. Aggravated in that it was 'road rage' IMHO.
The police have a duty to record all crimes and make some attempt to investigate.
Was a crime recorded and if so was the victim given a crime number or incident number?

Avatar
Paul_C | 6 years ago
6 likes

not in the public interest? That was a clear case of assault... plus he overtook a vehicle at a pedestrian crossing...

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burtthebike replied to Paul_C | 6 years ago
2 likes

Paul_C wrote:

not in the public interest? That was a clear case of assault... plus he overtook a vehicle at a pedestrian crossing...

While I can totally agree with your sentiments, it isn't illegal to overtake a cyclist at a pedestrian crossing, as I discovered when I reported someone who did.  I wonder if the current consultation about cycling and road safety will change that?

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John Pitcock replied to burtthebike | 6 years ago
0 likes

burtthebike wrote:

it isn't illegal to overtake a cyclist at a pedestrian crossing, as I discovered when I reported someone who did.  I wonder if the current consultation about cycling and road safety will change that?

But Rule 191 says:

"You MUST NOT overtake the moving vehicle nearest the crossing or the vehicle nearest the crossing which has stopped to give way to pedestrians."
​A cycle is a vehicle.
But: According to ZPPPCRGD
http://www.legislation.gov.uk/uksi/1997/2400/regulation/24/made 
this only applies to cycles when they have stopped to let a pedestrian cross (so vehicles can overtake a moving cycle).
"24.—(1) Whilst any motor vehicle (in this regulation called “the approaching vehicle”) or any part of it is within the limits of a controlled area and is proceeding towards the crossing, the driver of the vehicle shall not cause it or any part of it—
(a) to pass ahead of the foremost part of any other motor vehicle proceeding in the same direction; or
(b) to pass ahead of the foremost part of a vehicle which is stationary for the purpose of complying with regulation 23, 25 or 26."

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John Pitcock replied to Paul_C | 6 years ago
0 likes

Paul_C wrote:

 plus he overtook a vehicle at a pedestrian crossing...

Rule 191

 You MUST NOT overtake the moving vehicle nearest the crossing or the vehicle nearest the crossing which has stopped to give way to pedestrians.

 

Avatar
cidermart | 6 years ago
1 like

Typical GMC (German Motor, we'll say, Clown) behaviour. Good to see that assault isn't in the public interest it'll save them a fortune.

Edit: It appears that it's not a german car my bad. Amend to General Motorist, we'll say, Clown.

Avatar
hampsoc replied to cidermart | 6 years ago
3 likes

cidermart wrote:

Typical GMC (German Motor, we'll say, Clown) behaviour. Good to see that assault isn't in the public interest it'll save them a fortune.

Except it isn't German.  

Avatar
cidermart replied to hampsoc | 6 years ago
1 like
hampsoc wrote:

cidermart wrote:

Typical GMC (German Motor, we'll say, Clown) behaviour. Good to see that assault isn't in the public interest it'll save them a fortune.

Except it isn't German.  

That appears to be the case. I shall amend.

Avatar
DrG82 replied to cidermart | 6 years ago
4 likes

cidermart wrote:

Typical GMC (German Motor, we'll say, Clown) behaviour. Good to see that assault isn't in the public interest it'll save them a fortune.

The car's a Hyundai i40, Korean last time I checked.

Avatar
brooksby | 6 years ago
13 likes

So: happy to drive on (and on...) to find a safe place to park, turn off engine, get out of car and attempt to strike cyclist, clearly not in a hurry and hardly a "heat of the moment" type action.  And yet couldn't wait a few seconds until there was actually room to overtake safely... 

Of course, the lesson here is "Don't touch my car!"  no surprise​(couldn't find an emoji for "shaking head in a resigned and yet slightly sarcastic fashion").

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