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Driving instructor who forced cyclist off the road, causing him to break his arm, loses job

Stephen Holden told rider to use cycle path, not road, and became angry when cyclist replied "Highway Code"...

A Portsmouth driving instructor who forced a cyclist off the road, causing him to break his arm, will lose his job due to the points added to his driving licence.

Stephen Holden, aged 54 and who previously served in the Royal Navy, was said to have gone into a ‘blind rage’ during the incident in May this year, reports Portsmouth News.

He was driving along Eastney Esplanade when he reportedly became angry with a cyclist riding on the road rather than a cycle lane.

Adrian Fleming, prosecuting, told Portsmouth Crown Court that Holden, who had passengers in his car, slowed down and shouted, “Use the cycle lane.”

The cyclist replied, “Highway Code,” whereupon holding slowed down and drew level with him, said Mr Fleming.

“He felt the vehicle swerve in his direction at 23mph causing him to fall off onto the road while the vehicle drove off.”

According to a pedestrian who witnessed the incident, “The driver moved closer and closer to the kerb giving the cyclist less room. The accident was entirely due to the driver.”

Mr Fleming added: “Someone in his profession would have special training which makes it even more worrying he behaved like this. He also had a number of young people in the car at the time.”

Recorder Jane Rowley said that she intended to give the driver nine penalty points but Rob Harding, defending, requested that be reduced to six points, saying, “Anything above this amount will mean he won’t be able to carry on with his job of 11 years.”

The recorder disagreed, replying, “For the life of me I don’t see how he will lose his job with nine points.”

The Probation Service confirmed that under Driver and Vehicle Standards Agency (DVSA) rules, nine points would indeed see Holden ineligible to be an approved driving instructor, but Ms Rowley decided to impose the penalty anyway.

She told him: “What you did that day brought shame on you and your family. You are a man who has served for Her Majesty’s services for many years.

“You made off knowing you had had an accident with the cyclist as you tried to escape in a knee-jerk flight reaction knowing the consequences. I have to impose a fair and just sentence.”

Holden, who admitted careless driving and failure to stop, was ordered to carry out 100 hours of unpaid work and pay £800 in compensation as well as a £85 victim surcharge.

The nine points will remain on his driving licence for three years.

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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33 comments

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StuInNorway | 5 years ago
0 likes

It's not just the UK where driving instructors seem to forget what their job is as soon as they drop of their learners. The number of times I have had to react to avoid a driving school car (and in Norway they are generally Audis or BMWs that they use) that cuts in front of me (in a car or on my bike) ignore give way markings at roundabout etc etc. All in their signwritten cars.

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Samtheeagle | 5 years ago
6 likes

Would strike me as funny if lots of local cyclists were to contact him through his web site (still active and presenting his scheme of charging) to book lessons and then presented the evidence to the courts.

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danhopgood replied to Samtheeagle | 5 years ago
0 likes

Samtheeagle wrote:

Would strike me as funny if lots of local cyclists were to contact him through his web site (still active and presenting his scheme of charging) to book lessons and then presented the evidence to the courts.

 

That might strike you as funny, but not me, sorry.  Not the way for cyclists to build a great reputation methinks.    

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hawkinspeter replied to danhopgood | 5 years ago
8 likes

danhopgood wrote:

Samtheeagle wrote:

Would strike me as funny if lots of local cyclists were to contact him through his web site (still active and presenting his scheme of charging) to book lessons and then presented the evidence to the courts.

 

That might strike you as funny, but not me, sorry.  Not the way for cyclists to build a great reputation methinks.    

There is no reputation that cyclists could possibly build when even driving instructors do not know the Highway Code and take it upon themselves to bully cyclists off the road.

Cyclists are just people on bikes - we have no group responsibility (the same way that other drivers are not responsible for this particular dangerous driver).

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chrismayoh | 5 years ago
0 likes

As has been suggested earlier, he won't be able to charge for his instructing services for three years.  As far as presenting pupils for test, the examiners will know him and his car.  They'll have a casual conversation with the pupil during the test about paying for their lessons and if they say they've given him any money, he'll be in even more trouble!!

Shame!

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antigee | 5 years ago
6 likes

existing road law  legislation seems to fail vunerable road users time and time again ... this case Dangerous Driving would have probably been the charge to get an appropriate sentence but prosecutors err to the guarantee of a lesser charge and a guilty plea...bit that gets me is that road law seems to be special and different and whenever vulnerable road users demand new laws the answer always seems to be that existing law can deal with the problem - but it doesn't...watered down road law is applied and criminal law isn't considered...my take is create a new offence of "using a vehicle as a weapon"...the test in the above case is simple...witnesses saw the driver choose to hit the cyclist with his car 

 

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peted76 | 5 years ago
9 likes

He literally used his car as a weapon ramming the cyclist. How does this not carry an assault charge as well?

There's some consolation that he's actually being punished... but this is a prime example of someone who clearly is not fit to hold a driving license.

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Jimbonic replied to peted76 | 5 years ago
5 likes

peted76 wrote:

He literally used his car as a weapon ramming the cyclist. How does this not carry an assault charge as well?

Exactly! Compare this with the police officer who is (likely) to be charged with dangerous driving or assault or something along those lines for taking out a moped rider. Perhaps, someone can explain to me how this is any different......!

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FluffyKittenofT... replied to Jimbonic | 5 years ago
1 like

Jimbonic wrote:

peted76 wrote:

He literally used his car as a weapon ramming the cyclist. How does this not carry an assault charge as well?

Exactly! Compare this with the police officer who is (likely) to be charged with dangerous driving or assault or something along those lines for taking out a moped rider. Perhaps, someone can explain to me how this is any different......!

 

Or compare it with the 'zombie knife' scroffulous youth whose (lenient) sentence was just appealed against.  With that case my thought was 'if he'd had any sense he would have used a car as his weapon-of-choice').

 

I don't trust driving instructors.  For one thing, those jobs are always advertised in the freebie mags you get in supermarkets, giving the impression they are the job of choice for those with no qualifications (other than 'not having been caught driving badly').

 

Is there any real monitoring of them?  Any attempt at following up what happens to those they 'taught' and looking at their subsequent driving record?  Every time a driver is caught driving recklessly or aggressively I wonder 'who taught them and who passed them as fit to drive in the first  place?'

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antigee | 5 years ago
2 likes

Magistrate was lenient - Holden may lose job but didn't get disqualified despite clear evidence of the aggravating factor of "bad driving" ...reading through the sentencing guidelines disqualification from driving is only ever optional for failure to stop...so back to what do you have to do to actually lose your licence? The only positive I can see is that the police/prosecuting authorities took the case to court 

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/fai...

 

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burtthebike | 5 years ago
3 likes

Just realised that the report does not mention any statement of remorse, which is always reported if it happens, so either he has no remorse or the otherwise full report doesn't mention it, which seems extremely unlikely.  So he isn't sorry.

Also this report varies slightly from the original

road.cc "Stephen Holden, aged 54 and who previously served in the Royal Navy...." compared to The News, Portsmouth "Distinguished former Royal Navy servant Stephen Holden..."  While being a servant in the RN is nothing to be ashamed of, it isn't quite being distinguished in a front line capacity, is it.  Apart from his driving instructor business, there appears to be no information online about this guy or his distinguished career.

https://www.portsmouth.co.uk/news/crime/portsmouth-driving-instructor-wh...

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Jimbonic | 5 years ago
12 likes

“For the life of me I don’t see how he will lose his job with nine points.”

He should lose his job because he's a shit driver, who doesn't know the Highway Code and is imparting that "knowledge" to those under his tutelage. Surely, knowing how to drive and the rules that apply is a fundamentally required qualification for a driing instructor?!?!

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Morgoth985 replied to Jimbonic | 5 years ago
9 likes

Jimbonic wrote:

“For the life of me I don’t see how he will lose his job with nine points.”

He should lose his job because he's a shit driver, who doesn't know the Highway Code and is imparting that "knowledge" to those under his tutelage. Surely, knowing how to drive and the rules that apply is a fundamentally required qualification for a driing instructor?!?!

Of course.  Why is his job not an aggravating factor?  In every other circumstance a "professional" is held to higher standards than a layman.  Losing his job is the very least he should suffer.

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Jimbonic replied to Morgoth985 | 5 years ago
4 likes

Morgoth985 wrote:

Jimbonic wrote:

“For the life of me I don’t see how he will lose his job with nine points.”

He should lose his job because he's a shit driver, who doesn't know the Highway Code and is imparting that "knowledge" to those under his tutelage. Surely, knowing how to drive and the rules that apply is a fundamentally required qualification for a driing instructor?!?!

Of course.  Why is his job not an aggravating factor?  In every other circumstance a "professional" is held to higher standards than a layman.  Losing his job is the very least he should suffer.

Absolutely.

Sure, people get things wrong. But, wilfully passing on this bad attitude and contradiction to the fundamental rules that apply to their role/function multiplies their crime. I know I wouldn't last long in my job if I lied to colleagues and clients. And, if those lies led to someone being killed or injured, particularly when allied to actions, I would expect an even stiffer sentence ....

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Jimbonic replied to Morgoth985 | 5 years ago
1 like

Morgoth985 wrote:

Jimbonic wrote:

“For the life of me I don’t see how he will lose his job with nine points.”

He should lose his job because he's a shit driver, who doesn't know the Highway Code and is imparting that "knowledge" to those under his tutelage. Surely, knowing how to drive and the rules that apply is a fundamentally required qualification for a driing instructor?!?!

Of course.  Why is his job not an aggravating factor?  In every other circumstance a "professional" is held to higher standards than a layman.  Losing his job is the very least he should suffer.

Absolutely.

Sure, people get things wrong. But, wilfully passing on this bad attitude and contradiction to the fundamental rules that apply to their role/function multiplies their crime. I know I wouldn't last long in my job if I lied to colleagues and clients. And, if those lies led to someone being killed or injured, particularly when allied to actions, I would expect an even stiffer sentence ....

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huntswheelers | 5 years ago
2 likes

Always close passed by Drivers under instruction around these parts....plus the "get on the cycle path "(usless shared use ones with the usual horses and long lead dog walkers) shout outs.... 

This is Cambridgeshire what the local blue political party refer too as the county of cycling..... which it isn't.. it's a long long way of being so.....

 

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Yorkshire wallet | 5 years ago
5 likes

Hate it when they bring up previous careers, as if that excuses you to do anything you feel like.

Been in the military - do what you want once you've finished. You've earnt it.

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BetterNever | 5 years ago
7 likes

Another so called 'professional' driver displaying appalling driving standards, made 100x times worse by him having been a driving instructor. An assault charge would have been more appropriate, but at least he won't be responsible for teaching others to drive now.

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Grahamd replied to BetterNever | 5 years ago
1 like

BetterNever wrote:

... but at least he won't be responsible for teaching others to drive now.

Not necessarily, whilst he can no longer be an approved driving instructor, am not sure this stops him teaching others on a voluntary or dare I suggest it, on an off the books basis. 

 

 

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Pushing50 replied to Grahamd | 5 years ago
1 like

Grahamd wrote:

BetterNever wrote:

... but at least he won't be responsible for teaching others to drive now.

Not necessarily, whilst he can no longer be an approved driving instructor, am not sure this stops him teaching others on a voluntary or dare I suggest it, on an off the books basis. 

 

 

I, for one will be looking out for his instructional vehicle on the road. It must have the company details on it surely. 

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richiewormiling | 5 years ago
0 likes

I had a close pass by a Learner driver just the other day. I hoped they had a word...

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jacknorell replied to richiewormiling | 5 years ago
1 like
richiewormiling wrote:

I had a close pass by a Learner driver just the other day. I hoped they had a word...

If so, only to instruct that the overtake was a bit timid and wide... I've no faith in driving instructors nor examiners.

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cbrndc | 5 years ago
5 likes

Not surprised by the actions of the driving instructor and I have experienced similar poor behaviour from his kind. Hampshire is full of shit drivers and it is apparent they are taught to drive by shit instructors. On my commute to work I pass the Drivers Test Centre at Fort Southwick which has a mini roundabout at the junction where I see drivers who can't be bothered to negitiate the mini roundabout and so pass the wrong side of the central marking when turning right into the centre (Examiners???? maybe)

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Pushing50 | 5 years ago
7 likes

I often wondered why so many Portmouthians were crap and aggressive drivers. Now I know! I have had my own run ins with more than one driving instructor in Portsmouth when they have let the student pass way too close. They are truly diabolical. 

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srchar | 5 years ago
10 likes

He should be thankful that our shitty justice system cost him his job by giving him a few points on his licence rather than locking him up.

Just another example of assault with a lethal weapon being treated as a routine driving offence.

A joke.

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Bigfoz | 5 years ago
16 likes

How can a deliberate act like that be "careless"? 

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Paul_C | 5 years ago
9 likes

I had a major shouting match with a driving instructor in front of his pupil when he allowed his pupil to overtake me at a junction without giving me room and opportunity to complete my maneouver... I was looking over my shoulder and signalling...

 

tosspot claimed I'd left it too late... plus the overtake was not only at a junction, I was the closest vehicle approaching a Zebra crossing and within the zig-zags...

 

Lukily, I had sufficient data to pull down the Highway code and quote chapter and verse as to exactly which actual laws he had his student break...

 

I'd like to see double white lines at every side junction to make it obvious that overtaking is not permitted.

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giff77 replied to Paul_C | 5 years ago
0 likes

Paul_C wrote:

 

Lukily, I had sufficient data to pull down the Highway code and quote chapter and verse as to exactly which actual laws he had his student break...

theres an app that works off line which is pretty handy. I’ve been able to make use of it in the past. 

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burtthebike | 5 years ago
20 likes

From Mr Holden's website advertising his driving instructor business:

"As an independent school, run by myself Stephen Holden, I provide a high quality of training with lessons tailored to suit the individual pupil so you can be taught at the best pace to suit you. I teach with a calm and patient manner which puts even the most nervous pupils at ease very quickly.

In addition to the standard lessons, I also offer hazard perception & theory test help and advice, Post test tuition, Refresher and Motorway lessons."

If this is the standard of people we have teaching driving, it is no wonder we have so many useless drivers.

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burtthebike | 5 years ago
27 likes

This wasn't an "accident" as it is refered to so many times by seemingly everyone, it was a premeditated attack with a lethal weapon.  Neither was it careless driving, it was an entirely deliberate attack by someone who knew exactly what he was doing.  In what other circumstances would attacking someone with a lethal weapon not result in a jail sentence? 

A ridiculously lenient sentence, especially when he had impressionable young people in the car.  He wasn't even banned from driving ffs.

I hope he was a member of CUK, their lawyers are going to screw the driver for everything he's got.

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