A cyclist who recorded footage of a driver using his mobile phone in traffic with his helmet camera has been accused of “breaking the law” and posing a “danger to other road users” by the police, and is set to face prosecution for riding without due care and attention, including “riding in the middle of the road”.

Dave Clifton, 56, was cycling on Pont Street in Belgravia, London in August last year when he came across a driver at the wheel of a Range Rover in momentarily stationary traffic using his mobile phone and turned around to capture footage of the man caught in the act.

However, when he submitted the video, seen by The Standard, to the police, the outcome was certainly one that he was not expecting.

The penalty for holding a cellular device when driving can be up to 6 penalty points and a £200 fine, as well as losing your licence if the driver passed your driving test in the last 2 years.

However, the Met police instead proceeded to claim that the cyclist had been riding on the wrong side of the road, and suggested that he “could pose a danger to other road users”.

> Third-party reporting of drivers discussed on Channel 5, with CyclingMikey urging more cyclists to do it and the police claiming it’s “making roads safer”

Natasha Springford, a Met police staff member in the traffic division, said that the cyclist was “in the middle of the road” and was then “very close to the Range Rover on the opposite side of the road whilst a motorcyclist was oncoming with a passenger”.

She added: “You can see the cyclist cycling towards the oncoming motorbike that is filtering between traffic,” and then suggested the motorbike has to “ride in between the cyclist that is very close and the Range Rover”.

driver on phone - via cycling mikey.PNG
driver on phone - via cycling mikey (Image Credit: Farrelly Atkinson)
Driver on phone – via CyclingMikey

Clifton is now due to face trial next month at Lavender Hill magistrates court. The driver of the Range Rover, meanwhile, has got away with a police “advisory letter” and is said to be facing no criminal case.

However, the cyclist from south-west London has said that he intends to fight the claim at the trial. He said: “The ‘other side of the road’ doesn’t begin wherever my accuser wants it to begin. This is a ludicrous allegation. The police have ignored the filtering motorcyclist and the driver using a mobile phone, and have chosen to prosecute me. This seems to be malicious.”

Third-party reporting of drivers by cyclists has divided opinion online and seemingly with public, when the matter is discussed by written or broadcast media. CyclingMikey or Mike van Erp, is perhaps the most well-known ‘camera cyclist’.

> Police force criticised for one close pass prosecution from 286 submissions admits need to review how reports are managed

The Dutch-born road safety campaigner’s fame has grown as a result of his reports of motorists using mobile phones — close to 2,000, and including the likes of Chris Eubank and Guy Ritchie — some of which have landed him on the receiving end of violent threats and foul-mouthed tirades.

His videos, which he shares after the conviction on YouTube, have won him many fans in the cycling world. However, his approach has also birthed some detractors, most notably lawyer Nick Freeman, better known as Mr Loophole.

> “We don’t want to live in a snitch society”: Mr Loophole takes aim at camera cyclists and Cycling Mikey (again)

However, just last month, we reported that the public opinion on third-party reporting could be shifting as some have seemingly begun to accept that it could actually be making roads safer, the topic was discussed during a Channel 5 segment.

One such person was West Mercia Police’s PC Jim Roberts, who said that the police are rather keen on more people reporting drivers breaking the law. “By the general public submitting dashcam footage to us and then those drivers being dealt with, it’s sending a message and it is making our roads safer,” he said.

CyclingMikey added: “Somebody’s got to step up and do it, and there are some of those in society at least who do it.”

> “Stoking cyclist hate will get him more publicity”: CyclingMikey hits back at Mr Loophole’s latest attack on “snitch society” camera cyclists

Figures shared with Channel 5 showed that over 33,000 videos were submitted to police in England and Wales last year, up by 21 per cent on 2022, and an increase of almost 300 per cent over 2020. 70 per cent of these reports have led to police action, the broadcast said.

The National Police Chiefs’ Council also told Channel 5 that they welcome that technology can help them, with one in every five drivers running a dashcam and an even higher estimate for cyclists, the news broadcaster said.

road.cc has contacted Dave Clifton for comment.