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Near Miss of the Day 262: Police say cyclist was too close to centre line

Our regular feature showing close passes from around the country – today it's Northamptonshire...

Today’s near miss was reported to police. Dave said the complaint was rejected because he was, in their opinion, riding to close to the central white line.

“They seem to have missed that I had just overtaken a parked car and was approaching a roundabout where I didn't want to be squeezed to the kerb,” said Dave.

The incident occurred in Rushden, Northamptonshire, during his commute.

Dave points out that the judgement comes only months after Northamptonshire Police first launched Operation Close Pass.

“They even covered the need for cyclists to use the primary position in the leaflets and online advice on the subject,” he said.

“I would have thought that Highway Code rule 162, make sure there is a suitable gap in front before you overtake, and rule 167, do not overtake where you might come into conflict with other road users, would have been applied by the reviewing officer.”

> 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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26 comments

Avatar
Look555 | 5 years ago
2 likes

You could always look to challenge the employer to take responsibility for the actions of their representatives. We all know many don't give a f*&k and probably endorse this anti-social behaviour but if they think their brand can be tarnished in any way it might be the lever you're after to challenge this sort of thing. Given that, you know, law and order are under funded and biased by the current climate here. Contact us below: 

http://clearandcleanwindowcleaning.co.uk/contact-us/

 

Avatar
jh27 replied to Look555 | 5 years ago
0 likes

Look555 wrote:

You could always look to challenge the employer to take responsibility for the actions of their representatives. We all know many don't give a f*&k and probably endorse this anti-social behaviour but if they think their brand can be tarnished in any way it might be the lever you're after to challenge this sort of thing. Given that, you know, law and order are under funded and biased by the current climate here. Contact us below: 

http://clearandcleanwindowcleaning.co.uk/contact-us/

 

 

Looking on the website, the 'employer' has single landline number and a single mobile number on their website - the postal address on the website appears to be a residential house.  There is one director who's occupation is listed as 'cleaning', but I suspect he also does the driving.  He must be doing pretty well at it, looking at the house he's living in... and his wife (presumably) doesn't appear to have any occupation - she's listed as a director of the management company for the small estate they live on.

 

Just to say, I'm in full agreement with the other comments, this needs to be escalated and reviewed - there is nothing safe about that driving.

Avatar
Legs_Eleven_Wor... replied to Look555 | 5 years ago
2 likes

Look555 wrote:

You could always look to challenge the employer to take responsibility for the actions of their representatives.

As you quite rightly surmise, they don't give a shit. A bloke with whom I used to go to school and whom I occasionally see socially, is a fleet manager for a large, London-based delivery/logistics outfit. He tells me that there is an 'unofficial sweepstake' running in his office, to see who can get the most 'complaints' from cyclists about close passes, left hooks etc. Needless to say, there is no sanction whatsoever, applied to the driver, despite the boilerplate responses about how they 'take this kind of incident extremely seriously' being sent out to every complainant.

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alansmurphy replied to Legs_Eleven_Worcester | 5 years ago
1 like

Legs_Eleven_Worcester wrote:

As you quite rightly surmise, they don't give a shit. A bloke with whom I used to go to school and whom I occasionally see socially, is a fleet manager for a large, London-based delivery/logistics outfit. 

 

That's shocking! You went to school?

 

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ktache | 5 years ago
2 likes

The van was never going to hit the bollard, that might actually hurt the driver.  Hitting the cyclist carries absolutely no risk to the driver.  That is why it is so dangerous.

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Bob's Bikes | 5 years ago
5 likes

Add to this the fact that the overtaking vehicle failed to see/underestimated the time and or distance to the bollards this then becomes driving with undue care. The aggressive swerve back into lane is definitely dangerous driving. I like others would urge you to complain/take this further the intial response is piss poor policing.

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brooksby replied to Bob's Bikes | 5 years ago
0 likes

Bob's bikes wrote:

Add to this the fact that the overtaking vehicle failed to see/underestimated the time and or distance to the bollards this then becomes driving with undue care. The aggressive swerve back into lane is definitely dangerous driving. I like others would urge you to complain/take this further the intial response is piss poor policing.

Does anyone know if there's case law, for who gets blamed if the van driver had misjudged it so badly they'd hit the bollards? I wonder whether they'd have tried to blame the cyclist?

Avatar
Hirsute replied to brooksby | 5 years ago
2 likes
brooksby wrote:

Does anyone know if there's case law, for who gets blamed if the van driver had misjudged it so badly they'd hit the bollards? I wonder whether they'd have tried to blame the cyclist?

I don't think we need case law
162
Before overtaking you should make sure
there is a suitable gap in front of the road user you plan to overtake
167
DO NOT overtake where you might come into conflict with other road users. For example
where the road narrows

Avatar
Legs_Eleven_Wor... | 5 years ago
3 likes

This has nothing to do with 'positioning' and everything to do with saving money. 

Plod are lying c**ts.  

Set up a crowdfunder for judicial review and I'll toss some dosh your way. 

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fenix | 5 years ago
4 likes

Ridiculous driving. Why didn't he hang back ?

Definitely needs to be appealed and whoever blamed the cyclist needs to be looked at.

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Butty | 5 years ago
10 likes

Hey! This is on my road! Its a newish estate with toytown sized road widths.

The wide angle clip does no justice to how close this was and the response from the police was just pathetic. Well worthy of a complaint.

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BehindTheBikesheds | 5 years ago
5 likes

police in absolving motorist/victim blaming/ignoring law/HC shocker!

Should ask WMP their thoughts on the response by the police here because it's not just wrong, they are acting contrary to their sworn oaths, they would not treat other road users i.e. motorists nor themselves in their panda, in the manner.

As others have said, go back and make a formal complaint, until we make police forces aware that this treatment is not just unacceptable but actually flies in the face of law and their sworn oaths then this will continue to get ignored.

And of plod make a fuss/try to put you off doing so then you can accuse them of perverting the course of justice which is exactly what I suggested to a chief Insp her officer was doing when he tried to stop me from making the claim about a motorists actions through intimidation (over the phone). The officer got a mark on his permanent record because of his actions but I think he got off lightly!

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Mungecrundle | 5 years ago
5 likes

Just the stupidity of overtaking on the approach to a roundabout. There is a reason for those long white lines, they indicate a hazard. Maybe take an even more assertive 2/3rd position in the lane? If the same happens again, claim you were intending take a 3rd exit or whatever might constitute a "right" off the roundabout.

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StuInNorway | 5 years ago
14 likes

Cyclist passes parked car, and moves back to recommended primary in advance of traffic island.
How the **** can they claim he was too near the white line? 
Even if he'd been further left (closest to the kerb I ride is the visible line the kerbside tyres leave, as I know that bit of road is usually clean) there was insufficient space to carry out a safe pass.
This needs to go back to the Police and taken up the chain for review. Waiting to pass after the roundabout would have cost him 2 seconds.
If the police claim he was too far out, ask them to refer to the road traffic act that explains this, for future reference. I'm certain they can't.

Avatar
whobiggs replied to StuInNorway | 5 years ago
0 likes

StuInNorway wrote:

Cyclist passes parked car, and moves back to recommended primary in advance of traffic island.
How the **** can they claim he was too near the white line? 
Even if he'd been further left (closest to the kerb I ride is the visible line the kerbside tyres leave, as I know that bit of road is usually clean) there was insufficient space to carry out a safe pass.
This needs to go back to the Police and taken up the chain for review. Waiting to pass after the roundabout would have cost him 2 seconds.
If the police claim he was too far out, ask them to refer to the road traffic act that explains this, for future reference. I'm certain they can't.

 

And if the cyclist was turning right at the roundabout being in the left of the lane would have made it even more dangerous.

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grumpyoldcyclist | 5 years ago
11 likes

Please challenge this back to the police. If that van had overtaken one of their patrol cars like that it would have been absolutely certain prosecution. Given that the cyclist is cycling as advised by bikeability and as RoSPA points out to drivers, then they are not 'too close to the centre line'.

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bike_food | 5 years ago
11 likes

In my experience, contacting the police after an incident like this just adds to your frustration when they make up any old crap to get our of having to do something about it.
Seriously, that was a terrible bit of driving , no doubt the officer who reviewed it hasn't ridden a bike since they were 10 and has no idea what it's like to be put in that situation so has no empathy and gives zero fucks.
Complain if you have the time and stomach for it.

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kevvjj | 5 years ago
6 likes

and if you accept that judgement then nothing will change, you need to make an official complaint and escalate the issue

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Sriracha | 5 years ago
5 likes

Even if we accept that the cyclist's road position was wrong, that does not excuse the van driver. Other road users may be at fault, but that never entitles another to take aggressive action against them. In this case it is even more serious, given the obvious danger to the cyclist's life. I am astonished that the police seem to be saying that it's ok to mow down a cyclist if they are in the wrong road position.

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BIGWATTS | 5 years ago
12 likes

MGIF syndrome here I think. Excellent road position by rider. The person in 'control of' the van needs to calm down and not put others in danger from driving aggressively and carelessly. Or spend a bit of time on a bike in the UK and see for themselves what it's like.

*Police response to this is ridiculous!

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Accessibility f... | 5 years ago
2 likes

Clear and Clean is easily reviewable on Google.

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john1967 | 5 years ago
16 likes

Police rejected claim of assault because victim was too close to the fist..

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ktache | 5 years ago
9 likes

I'm guessing that this is one for those who say that riding in primary stops this sort of shit.

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burtthebike replied to ktache | 5 years ago
13 likes

ktache wrote:

I'm guessing that this is one for those who say that riding in primary stops this sort of shit.

Took the words out of my mouth.  I've lost count of the number of times this has happened to me, a vehicle overtaking near a traffic island and swerving in.  The question is; why doesn't that police force consider it dangerous; it sure as hell looks dangerous to me.

Avatar
brooksby replied to ktache | 5 years ago
10 likes

Interesting, when you consider that legally I am entitled to the *whole f-ing lane*...

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HoarseMann replied to ktache | 5 years ago
4 likes

ktache wrote:

I'm guessing that this is one for those who say that riding in primary stops this sort of shit.

I suspect it would have been even worse if the cyclist had been in secondary. The van starts out giving loads of room moving over to the other lane, but seems to have not considered how quickly they are approaching a traffic island. Very poor and impatient driving, particularly given the low sun which would reduce visibility, so should have been driving more cautiously and it’s a flipping housing estate, kids playing in the street etc. The police officer that dismissed that is wrong.

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