A cyclist has warned it is “almost impossible to get road justice in Scotland” and accused the courts of “poor protection of vulnerable road users” after a driver accepted a fine and penalty points for using their mobile phone behind the wheel, the cyclist frustrated by the “ludicrously lenient” punishment having also been close passed by the driver and then seen them run a red light.

The driver involved, Cheryl McGregor — wife of former Scotland, Rangers and Hull City goalkeeper Allan McGregor — was driving a BMW with the personalised number plate ‘MCG1A’ and was caught on camera by a cyclist who was initially close passed, before spotting the driver roll through a red light and then use her mobile phone behind the wheel.

In the footage the driver is seen overtaking close to the cyclist before rolling through a red light at a later junction. With the driver stopped in traffic, the cyclist waited for the lights to change and caught up with their vehicle, where he saw her using a mobile phone, the entire episode caught on camera.

The incident happened back in September 2023, the cyclist, David Brennan, reporting the footage directly to the police due to Scotland’s lack of reporting portal for video of roads incidents (although a service offering that is soon to be rolled out). It was due to go to court last year, although having waited all day Mr Brennan was sent home and told the case had been delayed.

Then, it was again due to go to court in the final week of November however the cyclist was told he would not need to attend, Mr Brennan later finding out this was because the prosecutor had done a deal with the driver and her legal team, enabling McGregor to only plead guilty to using a mobile phone and receive six penalty points and a £255 fine.

Cyclist films close pass and phone use (magnatom/YouTube)
YouTube) (Image Credit: Farrelly Atkinson)
Cyclist films close pass and phone use (magnatom/YouTube)
YouTube) (Image Credit: Farrelly Atkinson)

Mr Brennan told us of his frustration at the “ludicrously lenient” sentence.

“Anything less than a year’s ban in this case is ludicrously lenient,” he suggested. “It’s almost impossible to get road justice in Scotland with the current difficulties in reporting (no online reporting system) and the poor protection of vulnerable road users by the courts.

Cyclist films close pass and phone use
Cyclist films close pass and phone use (Image Credit: magnatom/YouTube)

“You do wonder what the point is of reporting driving like this is in Scotland if the outcome is as poor as this.”

When contacted, the Crown Office and Procurator Fiscal Service confirmed Mr Brennan’s account of the plea tendered by the accused and the sentencing outcome were both accurate.

Cyclist films close pass and phone use (magnatom/YouTube)
YouTube) (Image Credit: Farrelly Atkinson)

A spokesperson told us: “Prosecutors have a duty to consider pleas offered by the defence and will accept pleas that are considered to be in the public interest. Any decision to accept a plea is taken following consideration of all the facts and circumstances and involves an admission and acknowledgement of guilt on the part of the accused.”

The video has been shared on social media, one commenter saying: “This is shocking. They endangered you, and potentially anyone at the lights, on top of all other road/pavement users while they were on their phone. I will never understand why operating dangerous machinery in this manner isn’t taken more seriously.”

It’s not the first football-related court case we’ve shared. Back in 2022, the Crown Prosecution Service confirmed the prosecution of former England and Chelsea footballer Frank Lampard had been dropped. Lampard had been filmed by camera cyclist and road safety campaigner CyclingMikey in London, the retired midfielder accused of holding a phone and coffee at the wheel. The CPS said there was “insufficient evidence to provide a realistic prospect of conviction”.