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news
Road rage van driver (Black Country Bike Cam YouTube still)No charges for road rage van driver who assaulted cyclist (+ video of incident)
A driver who assaulted a cyclist during a road rage incident will not be charged with an offence by West Midlands Police due to Home Office guidelines – despite the episode being caught on video and bearing strong similarities to one in south east London in 2011 which resulted in charges being brought and a conviction secured after footage was posted to road.cc.
Helmet-cam footage of the latest incident was posted to YouTube by the victim under the user name BlackCountryBikeCam, but was subsequently taken down, possibly as a result of a complaint from the van driver involved, reports BikeBiz. However, the video was mirrored by other users, who have reposted it.
The white van involved, registration number FP07KJN, can first be seen around 10 seconds in, pulling out of a yard, with the rider moving past it on the inside then ahead of it to get around a car that is being parked, although the queue of traffic ahead means that that manoeuvre would not have held up the van.
The rider, who is also on Twitter under the user name CCStev, said that he showed the footage to police, but they told him that Home Office rules meant they were unable to press charges, because the driver, after being made aware of the video, admitted his guilt, and had no previous convictions.
While the police insist their hands are tied, the cyclist is said to have been unhappy with the alternative provided – that he seek a “local resolution” with the motorist, although it is a course of action he has reluctantly accepted.
The van is operated by a Birmingham-based pet business, Weird and Wonderful of Birmingham, which has deleted its Facebook and Twitter accounts as a result of the complaints it was receiving from cyclists, as well as disabling the online feedback form on its website. An email from BikeBiz has gone unanswered.
According to CCStev, “The driver was not charged. He was brought in for interview and initially claimed provocation, that I kicked his van and kicked him in the chest.
“He changed his story when told there was video evidence. He still claimed I kicked him and the van and only after the officer pointed out that she couldn't see any of that, on his solicitor's advice he finally accepted full responsibility.
"Because he had no police record and admitted to the offence, under the ridiculous scoring system imposed on the police he was eligible for a caution.
“As the victim I was given the choice of the driver receiving a caution or I could accept a local resolution, the terms of which that I would receive an amount in compensation and a written apology. I'm far from happy about it but reluctantly accepted the resolution.
“I don't think the police are to blame but the decisions made by Government departments that govern them.
“This was a violent, unprovoked attack that has no place in society and I'm very disappointed and angry that the driver will not face criminal consequences."
In February, national cyclists’ organisation CTC launched a campaign urging cyclists to write to their local Police and Crime Commissioners (PCCs) asking them to make road safety a priority in their policing plans.
However, as this incident shows, Home Office red tape can mean that the hands of the police are tied.
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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102 comments
It's amazing how many people who ride bikes don't actually care and are quick to throw insults around when they come across someone they disagree with.
Weird N Wonderful Weird N Wonderful .128, Alcester Rd, Birmingham , B13 8EE
Tel: 0121 449 1684 .Pet Services
this is a copy of their yellow pages online listing they claim to know nothing about it which we all know is bollocks do not trade with the shop
I wonder if the Police would have made the same decision if it had been a Police cyclist?
Just a question.
Dont be stupid, of course not! That would be assaulting a police officer! I also very highly doubt that the insane shit of a driver would react in quite the same way if a police officer tooted him...
Stumpy, if the public have no confidence that the police and or justice system will not look out for them, then it is inevitable that you will get people taking matters into their own hands, in a manner that you, Stumpy, our other law enforcers, may not approve of.
Your right there will be times when people have no confidence in the Police but when you look at some of the comments on here you wonder whether these people will ever be satisified and perhaps they need to look at themselves first before making rash abusive comments.
Yes there is no need for personal abuse and it's a shame someone has descended to that level on here.
most right minded people would be satisfied with the police acting upon evidence of abuse supplied and the justice system giving the victim proper justice with the offender prosecuted.
What's happened in this case is completely unsatisfactory to the victim, hence why 'our hand are tied' responses do not go down well..
The cyclist made a bad maneuver when he tried to undertake the van. What happened next was a completely unjustified. Exactly what home office guidelines allow someone to kick and punch an individual to the ground? I would love to know??
How is it possible that this guy has not been charged? It's just an excuse hiding behind red tape, surely. The guy is a danger to others and himself.
Ah, it would seem he has friends in the police service (not police force) a service in favour those who commit criminal acts.
what sort of message are the police giving society?
Seeing some of the comments on here it makes you wonder whether all these drivers are at fault in the first place
typical cop response go and do your job cop get of the internet and catch someone in the act of assault ride a bike for a week see what it is like you prick stumpy
Some people are never happy no matter what the result is.
Sometimes the offender gets off leniently sometimes they dont, thats life, like it or not.
dickhead stumpy
Except the thug in this case clearly hasn't been to court, but has been let-off through some obscure arrangement. One can think of a number of other scenarios, not involving a motor-vehicle where such an unprovoked, violent assault upon an entirely innocent party would appear to be treated quite differently.
Does it mean that drivers can kill, maim or assault cyclists without any risk of serious punishment?
If the newspapers and this case are any guide. Apparently, it does.
Typical forum *&^% responses earlier to stumps who, given he's posting on here clearly is highly likely to ride a bike, actually takes some time to explain the process and gets that. Wow. Issues or what. Obviously Stumps must be personally responsible for the home office guidelines ...
Totally concur. Abuse of Stumpy in this case is unwarranted. He is not condoning the HO guidelines, just confirming them. He is bound by these in his job and it's not
a personal decision. I think he is owed an apology.
Though its not like I have never rubbed someone up the wrong way.
So effectively you can get away with assault if you admit to it and it's your first offence..
So the public can have no confidence whatsoever that they will be protected from such violence. 'mumbo jumbo' is not quite the term I'd use to describe this ridiculous rule.
If I was the victim and it was my first offence I'd go for a local resolution, succumb to a spot of road rage, admit guilt and then you'd be all square.
The Home Office issues guidelines, but its still up to the police to decide whether or not to caution. The police also have the option to refer to the CPS for guidance.
Its worth noting that the guidelines state that the victims views must also be taken into consideration.
I call bullshit on the police 'hands are tied' line. Its a great reminder to everyone to get yourself legal representation, which is easy through the CTC or British Cycling.
Weird N Wonderful Weird N Wonderful .128, Alcester Rd, Birmingham , B13 8EE
Tel: 0121 449 1684 .Pet Services
this is a copy of their yellow pages online listing they claim to know nothing about it which we all know is bollocks do not trade with the shop
Agree with ribena-
It's a depressing thought that even this, with video evidence, turns into a wrangle over punishment. Stuff like this just puts me on edge a bit....
What a tool. I do hope Weird and Wonderful have had enough of the 'feedback'.
I have no previous convictions. The next time someone nearly hits me because he's gone through a red light or is driving like an idiot, can I drag him out of his car and punch him ? I'll admit it and won't mind taking a caution ? Can I, please ??
As much as I'd like to hear of this happening I wish you the best of luck. But as cyclists seem to be regarded as second class citizens I can't see you only getting a slap on the wrist.
The expression 'Police and Easy Targets' comes to mind.
What hope do you have if there's no camera?
No previous convictions mean he is entitled to a caution if he admits the offence, its not mumbo jumbo its what we, as Police officers, have to abide by.
Civil proceedings can still be taken out which is not a Police matter.
typical "our hands are tied" whynge by one of the pricks in blue
What H O guidelines are these?
Exactly what Thames Valley Police said to me when I was assaulted by Timothy Denman. I spent many hours and some expense getting a Judgment against him and then with the support of CTC engaged solicitors to enforce it. He made an application to the Court to pay at a derisory rate which the Court granted and failed to make him pay any of my lawyers' costs. The result is that taking civil proceedings was completely uneconomic.
http://thecyclingsilk.blogspot.co.uk/2012/09/the-timothy-denman-saga-dra...
I do wish the police would stop saying 'We will not do anything, but never mind you can always sue.'
On whether hands are tied the 'Gravity Factors Matrix' allows account to be taken of the vulnerability of the victim. There is huge discretion here. How many rioters were cautioned after an admitted first offence? Answer: none, all prosecuted.
Where there is a will there is a way.
Sadly there is no will.
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