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Near Miss of the Day 576: Close pass driver faces disciplinary action (video includes swearing)

Our regular series featuring close passes from around the country - today it's Avon & Somerset...

The driver responsible for this very close pass preceded by a toot on his horn is facing disciplinary action from his employers after the cyclist on the receiving end sent him footage of the incident plus a subsequent exchange with him.

Jayme, the road.cc reader who filmed the clip, told us: “I sent it off to Avon and Somerset Police, as well as the company (IDVerde).

“A&S came back with the usual ‘the driver has been issued with a warning letter or NIP’ [Notice of Intended Prosecution’.

“In addition to the close pass video, I sent an additional video to the driver's company of an interaction I had with him a bit further up the road.

“He had parked in a lay-by about a mile or two down the road, so I approached him and asked if he thought his pass was acceptable.

“Let's just say he didn't think he did anything wrong and used a few colourful words to describe me,” Jayme added.

“The area manager was very apologetic about this driver's behaviour and after an internal investigation, the matter was going to a disciplinary hearing.”

> 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

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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35 comments

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alansmurphy | 3 years ago
4 likes

Has any driver ever genuinely apologised?

 

Whenever I've approached someone and even told them I have video if they'd like to see themselves, they are at best passive aggressive. Even if they don't deliberately insult you then they'll question why you positioned yourself as you did, point out the road is a bit dangerous for cyclists (irony), or just blame something else. It's as if eyes, brakes or roadcraft don;t exist; they must get thru somehow and you're lucky they're so skilled as to not hit you!

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eburtthebike replied to alansmurphy | 3 years ago
1 like

alansmurphy wrote:

Has any driver ever genuinely apologised?

Whenever I've approached someone and even told them I have video if they'd like to see themselves, they are at best passive aggressive. Even if they don't deliberately insult you then they'll question why you positioned yourself as you did, point out the road is a bit dangerous for cyclists (irony), or just blame something else. It's as if eyes, brakes or roadcraft don;t exist; they must get thru somehow and you're lucky they're so skilled as to not hit you!

I think a pyschological study of such drivers would be revealing; I'd guess that they would be seriously tending towards narcissim, lacking in empathy and utterly selfish; a bit like Trump or Boris the Liar.

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wtjs replied to eburtthebike | 3 years ago
0 likes

tending towards narcissim, lacking in empathy and utterly selfish; a bit like Trump or Boris the Liar

Can't argue with that!

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Muddy Ford | 3 years ago
4 likes

Perhaps instead of reporting as a 'close pass' , for which often the police decide it isn't, we should be reporting drivers for Intentional harassment, alarm or distress. The driver would then have to prove it wasn't. We are all getting pissed off with the laissez faire attitude of some police forces, because it encourages this type of driving. Could Road.cc and others campaign to have the law changed such that all police forces are required to support the close pass initiative, and for there to be a minimum standard of process for reported incidents so that we are treated as victims rather than witnesses and are therefore entitled to know what action the police took.

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SaneRebel | 3 years ago
6 likes

I like the idea of naming, shaming and boycotting companies. Hit self employed drivers where it hurts. And employers will take road safety seriously for same reasons and hopefully re-train or get rid of unsafe drivers.

How about a road.cc 'wall of shame' where they can be listed and outcome of any action the employer (or Police) took?

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wtjs | 3 years ago
5 likes

Driver is guilty as sin, although at least one of us thinks there's no offence he can be found guilty of! (see '3 close passes in one hour' topic). If the police don't prosecute, then you will be aware of the similarity between A&SP and a chocolate teapot. The joke driving course and words of advice deter nobody.

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Bungle_52 replied to wtjs | 3 years ago
1 like

In this case the cyclist had to change direction to avoid a collision. You can just see it in the video but probably best to emphasise it in your submission. I suspect that this makes all the difference athough without specific feedback I may be wrong.

We'll agree to disagree about the effectiveness of driving awareness courses.

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David9694 replied to Bungle_52 | 3 years ago
0 likes

I am fairly used to to the sight of uniformed police officers, having worked on crime reduction many jobs ago, but I'd be mortified if one spoke to me in "anger", and the fact of having to take a course would affect me, I think. But then so many drivers remonstrate with police real world and online, so those are your candidates for a ban, fine, etc.  

In the case of the "otherwise blameless", I'd be fairly satisfied with the idea of a police car parking at a driver's house, uniforms walking up their front garden, knocking the door.  They've then got to explain to the people around them why the police called. 

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wtjs replied to David9694 | 3 years ago
0 likes

I'd be fairly satisfied with the idea of a police car parking at a driver's house, uniforms walking up their front garden, knocking the door

I wouldn't. BMW, Audi, Golf GTI, Range Rover etc. drivers would regard that as a badge of honour. Prosecutions and Points are the only way to Prevent Blood on the Road!

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Tom_77 replied to wtjs | 3 years ago
0 likes

There's some research that shows that speed aware courses are effective at reducing re-offending - https://assets.publishing.service.gov.uk/government/uploads/system/uploa...

I'm not sure if there's any similar research on driver awareness courses, roadside education and warning letters. I'll admit to being a bit sceptical about them, but I'd like to see some evidence before I make my mind up.

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wtjs replied to Tom_77 | 3 years ago
1 like

There's some research that shows...

There's always some research that shows whatever they want. The diligence with which the police and the magistrates seek to avoid awarding points, even when it's only 3, tells me that points are the only things feared by drivers. We want points...for them.

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lukei1 | 3 years ago
7 likes

Where is the video of the confrontation? Driver sounds like a total tw*t

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AlsoSomniloquism replied to lukei1 | 3 years ago
2 likes

She didn't include it here. 

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IanMK replied to lukei1 | 3 years ago
3 likes

Sadly, I suspect that the disciplinary is as a result of the confrontation not the appalling driving.

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Awavey | 3 years ago
6 likes

That must have been uncomfortably close. What on earth was the driver thinking to overtake like that ?

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OldRidgeback replied to Awavey | 3 years ago
7 likes

Probably thinking it'd be amusing to intimidate the cyclist - will be regretting it now that the both the cops and employer are taking action.

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rivers replied to Awavey | 3 years ago
10 likes

He felt he was entitled to overtake that close because I wasn't "on the cycle path"- which is a narrow bit of shared use pavement that starts just beyond the bus stop he nearly forced me into.

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EK Spinner replied to rivers | 3 years ago
11 likes

That is the bit that really gets me, when so many drivers seem to think the have a right to be judge, jury and potentially executioner when cyclists have broken "the rules" (especially thier made up ones) yet you don't see them jamming the brakes on in front of speeders, chasing down red light jumpers to argue with them or trying to run cars of the road because the driver is on the phone. Funny that

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a1white replied to rivers | 3 years ago
3 likes

Apart from the fact you don't have to use a rubbish cycle path, that path hadn't even started when he was overtaking you. Basically he thought it was amusing to try and intimidate a cyclist, hence the horn as he passed. Should really be an imidiate fine and points for that behaviour

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Gary's bike channel replied to rivers | 3 years ago
0 likes

i was trying to see if there was such a thing on your clip. Normally thats what they get antsy about. 

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rivers replied to Gary's bike channel | 3 years ago
1 like

I mean that's the "shared path"

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Awavey replied to rivers | 3 years ago
2 likes

thats a cycle path ?   how stuff like that gets past a risk assessment by highways depts I dont know.

but thats appalling, the attitude of drivers to bully you off the road like that, it shouldnt happen, just shouldnt be allowed to happen.

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Keesvant replied to Awavey | 3 years ago
1 like

This path is dangerous, you cannot cycle on it at speed.
There is allways a risk of cars pulling out of drive ways, and pedestrians/children waling on it.

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brooksby replied to Keesvant | 3 years ago
2 likes

Keesvant wrote:

This path is dangerous, you cannot cycle on it at speed. There is allways a risk of cars pulling out of drive ways, and pedestrians/children waling on it.

Motorists don't think like that. All they can see is that the council has said that's a cycle path so cyclists should bl00dy well use it.

Imagine if a new road was built with no tarmac, just gravel and maybe some tank traps, and we insisted that motorists used it anyway because the govt built it so it must be used...

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Captain Badger | 3 years ago
8 likes

Jeez, I think that's one of the worst I've seen recently. Well done for chasing up - did you send to the cops too?

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rivers replied to Captain Badger | 3 years ago
5 likes

Yeah, they have a copy. Either warning letter or NIP. A&S Police treat us a witness and not a victim, so who knows.

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contender replied to rivers | 3 years ago
1 like

i had the same indifference from A&S police for the last time i reported a near miss

http://bristolcars.blogspot.com/2019/02/vu61hxm-nissan-driver-doing-clif...

1. you can call their collisions dept direct on a weekday morning and ask for a status update: 01278 647 496 

2. you can let the bristol cycling campaign know of your experience. they like to know fhe  current state-of-affairs before they meet with the police commissioner (as they do)

3  and sometimes someone from the police turns up at BCyC events, from where you can accost them personally and ask about why the failure to communicate  

after doing all these i still couldn't find the final outcome except that (a) prosecution was successful and (b) driver not eligible for a safety course having already done one  presumably that means they got penalty points instead  

it's frustrating as there's no motivation to send videos their way if they just disappear-don't be afraid to be noisy  

good luck

 

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wtjs replied to contender | 3 years ago
0 likes

after doing all these I still couldn't find the final outcome except that (a) prosecution was successful and (b) driver not eligible for a safety course having already done one  presumably that means they got penalty points instead

That's a lot better than many of us suffer elsewhere in England!

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zero_trooper replied to contender | 3 years ago
0 likes

(a) prosecution was successful

Then the result should be in the public domain if it went to court. If they won't tell you any further then it was probably dealt with by way of an endorsable fixed penalty notice. Still sucks that they won't give you the result, given that everything else has been done, bar update the complainant.

Could Bristol Cycling Campaign not chase up the policy with the P&CC?

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eburtthebike | 3 years ago
13 likes

Well done for reporting it and hopefully he'll be prosecuted as well as facing a disciplinary.  Anyone stupid enough to think that sounding your horn means "get out of my way, I'm coming through" should be banned from driving until they've developed some responsibility and empathy; might be a long time in his case.

I'd love to have seen the video of when Jayme confronted him.

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