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Near Miss of the Day 614: “Maybe he actually needs to put me in the hedge” asks cyclist as police send warning letter to close pass truck driver (includes swearing)

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

“Maybe he actually needs to put me in the hedge?” is the question posed by the cyclist who received the close pass in Warwickshire featured today in our Near Miss of the Day series, with the flatbed truck driver involved getting nothing more than a warning letter from police.

It was filmed by road.cc reader Lewis as he rode to work from Hinckley to Rugby, and reported to Warwickshire Police.

He told us it happened on Mere Lane, which he said “is the quieter rural road that runs parallel to the A5,” and is “a 60mph road but has long straight stretches where drivers can safely pass.”

Lewis continued: “As can be seen in the video the driver of the Ducato had plenty of time to observe the road ahead before making the decision to overtake and would have seen the vehicle coming in the other direction.

“Operation Snap have reviewed the footage and are going to send a warning letter to the registered keeper regarding the offence of inconsiderate driving.

“I'm not sure how much closer the driver would have to be to me to be considered for prosecution. Maybe he actually needs to put me in the hedge.

“Unfortunately the vehicle didn't have any company livery on it because the video would have been sent to company directors, which I have done in the past and sometimes get a more satisfactory outcome than reporting to the police,” he added.

> 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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27 comments

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grOg | 2 years ago
2 likes

Not just a dangerous close pass with the cyclist but also a near miss head on with the oncoming car; clear cut case for dangerous driving prosecution and all plod does is send off an 'inconsiderate driving' warning letter? unbelievable.

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Seagull2 | 2 years ago
2 likes

The oncoming car probably had no choice but to get in and hug the ditch, but at least they were attentive and did , or things could have been worse.  I find myself quite often driving slowly/defensively so that i can accomodate wanker/careless drivers for the benefit of vulnerable road users 

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Bungle_52 | 2 years ago
10 likes

Like sensei below I will continue submitting but I've changed my cycling behaviour recently. I had been riding single file and .75m from the kerb as I didn't want there to be any excuses for not acting when I submit footage of inconsiderate driving. Following Rendell Harris's experience of the driver being acquitted in NMOTD 549, I now realise that it is difficult for the police to provide the protection we need, even when they decide to act, and I have reverted to cycling "assertively". I now cycle at least 1m from the kerb until I hear the car behind slow down. I then I move in slightly when I think it's safe for them to pass. In the main drivers have stayed behind longer than before with no complaints but I have had two punishment passes. In the one that didn't slow down I had plenty of room to move in and the other had already slowed before overtaking so that potential injury was reduced. I have also started cycling 2 abreast as the default choice when out with a friend. On the section of road in NMOTD 594 this resulted in no close passes at speed but a few choice words from a couple of drivers as they passed after having had to slow down.

I shouldn't have to do this but I feel I am left with no choice. If I had been the cyclist in this NMOTD I would either be OK, if the driver stayed behind, or dead if he'd continued anyway. In the latter case though may be the police would take action after, hopefully, viewing the footage on my camera.

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HoarseMann replied to Bungle_52 | 2 years ago
0 likes

Same tactic deployed here too. But I keep an eye on the approaching vehicle in my mirror and am ready to swerve into the verge if they've not seen me.

My default position is down the middle of the L of the SLOW marking. I can then move out between the LO at pinch points or left between the SL to encourage a car to pass.

You do get the odd idiot, but generally, it at least slows them down and gives you space to move away from them.

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Jenova20 replied to Bungle_52 | 2 years ago
6 likes

Bungle_52 wrote:

Like sensei below I will continue submitting but I've changed my cycling behaviour recently. I had been riding single file and .75m from the kerb as I didn't want there to be any excuses for not acting when I submit footage of inconsiderate driving. Following Rendell Harris's experience of the driver being acquitted in NMOTD 549, I now realise that it is difficult for the police to provide the protection we need, even when they decide to act, and I have reverted to cycling "assertively". I now cycle at least 1m from the kerb until I hear the car behind slow down. I then I move in slightly when I think it's safe for them to pass. In the main drivers have stayed behind longer than before with no complaints but I have had two punishment passes. In the one that didn't slow down I had plenty of room to move in and the other had already slowed before overtaking so that potential injury was reduced. I have also started cycling 2 abreast as the default choice when out with a friend. On the section of road in NMOTD 594 this resulted in no close passes at speed but a few choice words from a couple of drivers as they passed after having had to slow down.

I shouldn't have to do this but I feel I am left with no choice. If I had been the cyclist in this NMOTD I would either be OK, if the driver stayed behind, or dead if he'd continued anyway. In the latter case though may be the police would take action after, hopefully, viewing the footage on my camera.

Last time i started riding assertively, after reading a recommendation from someone here, it resulted in a huge increase in road rage, dangerous, and punishment passes. I full on block some lanes of my journey now for my own safety, but other times have to stay close to the kerb. There is no ideal solution. Shit drivers are everywhere, and aided by our motoring culture.

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stonojnr replied to Jenova20 | 2 years ago
2 likes

Plus if you ride like that, you can't afford a momentary lapse or mistake.

I was close passed by a supermarket delivery van last week through a pinch point that I've ridden thousands of times before, mostly without incident.

This one time I wasnt absolutely blocking the pass, by no more than a foot, because I didn't think anyone was going to be daft enough to try passing.

There's no point reporting it to the police,because they'll only send a letter, no point reporting to the supermarket because they'll ignore it, and even if they didn't what good will it do anyway, it won't change anything.

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Jenova20 replied to stonojnr | 2 years ago
3 likes

stonojnr wrote:

Plus if you ride like that, you can't afford a momentary lapse or mistake. I was close passed by a supermarket delivery van last week through a pinch point that I've ridden thousands of times before, mostly without incident. This one time I wasnt absolutely blocking the pass, by no more than a foot, because I didn't think anyone was going to be daft enough to try passing. There's no point reporting it to the police,because they'll only send a letter, no point reporting to the supermarket because they'll ignore it, and even if they didn't what good will it do anyway, it won't change anything.

 

I'm convinced a lot of these people don't know how to drive. For example:

https://youtu.be/azNLaXPhG-w

 

No one could reasonably think that was a good place to overtake, especially for a "professional" like a bus driver...The driver can't see ahead, and if they did somehow successfully overtake, i'd have been crushed, as the bus stop is about 20 metres away...

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Hirsute replied to Jenova20 | 2 years ago
1 like

Not too impressed with the audi driver either.

Taking the lane does give you space to escape, although as you say, there is no ideal solution.

 

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Jenova20 replied to Hirsute | 2 years ago
1 like

hirsute wrote:

Not too impressed with the audi driver either.

Taking the lane does give you space to escape, although as you say, there is no ideal solution.

 

 

Funny enough i've only just clocked the VW Arteon in that video is the same one i reported last weekend for close passing me. Video is scheduled to publish on youtube in 5 weeks. Shit driving epidemic round here and no enforcement.

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brooksby replied to stonojnr | 2 years ago
3 likes

"Why were you riding through the middle of that bit there?  I couldn't get past!"

"I didn't imagine that anyone seriously thought that they could overtake me going through there, so I didn't think it would be a problem for anyone."

"But I couldn't pass you!"

"I know.  There isn't space for you or anyone else to pass me while I'm riding through there. So not really my fault - blame the universe or something..."

 

note - this might be a fictional conversation  3

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stonojnr replied to brooksby | 2 years ago
1 like

Well assuming the driver had enough braincells to even have that kind of fictional conversation, is it that unreasonable on my part, not to expect a 3.5 tonne, 2metre wide,4metre long van to try to fit through here alongside me ?

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brooksby replied to stonojnr | 2 years ago
2 likes

TBH I've given up trying to understand what some motorists think is reasonable/unreasonable...

 

Edit: but you've reminded me I need to buy a copy of the Highway Code at lunchtime, to put under the windscreen wiper of my nemesis (you mean you haven't got a nemesis?  everyone should have at least one...) White Van Man.  After only avoiding being head-on wiped out at speed by him this morning by swerving so far over to the left that I'd braced myself for coming up against the kerb and coming off.

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Jenova20 replied to stonojnr | 2 years ago
2 likes

stonojnr wrote:

Well assuming the driver had enough braincells to even have that kind of fictional conversation, is it that unreasonable on my part, not to expect a 3.5 tonne, 2metre wide,4metre long van to try to fit through here alongside me ?

 

Yes. But there's an epidemic of shit driving. Is it reasonable to expect Royal Mail drivers to pass properly on an empty road? And yes, in ~8 years i've never once been able to use the cycle lanes on this road.

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Jetmans Dad replied to brooksby | 2 years ago
3 likes

If it is fictional, it is eerily close to an actual conversation I had two weeks ago. Basically ...

Him: "You were so far across the road I couldn't get past". 

Me: "Erm yes ... what's your point?"

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Velo-drone | 2 years ago
2 likes

My impression since the (positive) introduction by Warwickshire Police of updates on traffic offence reports, is that the default for any first time report of a close pass is a warning letter - the only time I've been advised of any other outcome is when a driver close passed me twice in two weeks.

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Rick_Rude | 2 years ago
3 likes

Once you see those yellow and red markings you know it will be driven by a wanker.

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Velophaart_95 | 2 years ago
2 likes

I'm sure that warning letter will have the desired effect on the driver, who will immediately mend his ways - and become a better and more courteous driver!  

One really does despair - there simply isn't the will to punish these drivers properly. Anything against van/bus/car drivers is seen as an attack on 'civil liberties'.......

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AlsoSomniloquism replied to Velophaart_95 | 2 years ago
8 likes

It isn't being sent to the driver. Just the registered owner of the vehicle which is a company who don't have to do anything. 

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OnYerBike | 2 years ago
3 likes

Unfortunately the vehicle didn't have any company livery on it because the video would have been sent to company directors,

Colour scheme looks like Travis Perkins - it's not a lot to go on, but you could enquire and if they say it's not their van no harm done?

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Rendel Harris replied to OnYerBike | 2 years ago
0 likes

OnYerBike wrote:

Colour scheme looks like Travis Perkins - it's not a lot to go on, but you could enquire and if they say it's not their van no harm done?

They sell off their older vehicles regularly and just take the names off, not the livery - I suppose they might tell you to whom they sold it but I'd guess they'd probably quote GDPR.

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sensei | 2 years ago
10 likes

Another shocking close pass with insufficient action taken by the police. Will the driver be deterred from this behaviour in future as a result of receiving a warning letter? Most probably not and next time it could be one that gets added to the National statistics. It appalls me to say that compared to some forces, getting any action taken is actually a result.

 

There needs to be more pressure put on the government to legislate properly against these offences, to be seen as a crime and to have absolutely clear guidance on what the punishments are for offenders. Run a National campaign to educate motorists on the required standards and factor in additional resources to support implementation of the new measures, for instance, a centralised panel to review close pass footage and set recommendations for action. Considering the potential costs, punishments should begin with part fine/part points and be factored into greater criminal proceedings the more serious the offence. 
 

I personally believe that anyone that is caught passing within 50cm should receive an automatic ban, there is no other instance where wilfully endangering another's life with potentially lethal equipment is tolerated and palmed off, that needs to change very soon.

 

 

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wtjs replied to sensei | 2 years ago
1 like

that needs to change very soon

Except it's not changing in the slightest. The police are highly unsympathetic because so few of them really know what a bike is, so after all these years and all these NMotDs we're no farther forward. The joke Highway Code consultation which mooted the idea of more recommended passing distances was utterly worthless because the police will continue to ignore it. I urge anyone who achieves a proper prosecution with a real penalty (not the ultra-joke 'words of advice', the super-joke 'warning letter' and the joke online driving course) to let us know about it!

I should add that today I received an email from Lancashire Constabulary that a really close passing driver (classic case, oncoming bus so driver decides to squeeze the soft-body instead) was to receive a new variant joke penalty: this a new dodge LC have come up with, in which the driver receives the 'educational material from the Highway Code' without the tiresome 'warning letter'.

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sensei replied to wtjs | 2 years ago
1 like

wtjs wrote:

that needs to change very soon

Except it's not changing in the slightest. The police are highly unsympathetic because so few of them really know what a bike is, so after all these years and all these NMotDs we're no farther forward. The joke Highway Code consultation which mooted the idea of more recommended passing distances was utterly worthless because the police will continue to ignore it. I urge anyone who achieves a proper prosecution with a real penalty (not the ultra-joke 'words of advice', the super-joke 'warning letter' and the joke online driving course) to let us know about it!

I should add that today I received an email from Lancashire Constabulary that a really close passing driver (classic case, oncoming bus so driver decides to squeeze the soft-body instead) was to receive a new variant joke penalty: this a new dodge LC have come up with, in which the driver receives the 'educational material from the Highway Code' without the tiresome 'warning letter'.

 

I don't disagree, I don't think it will change anytime soon. It will take a gradual build up of public pressure, especially with increasing participation rates to start to push the government into making the changes necessary. If we know one thing about this government, it's that they tend to be influenced/even led by public consensus. It is completely defeatist to just give up and the more people that do so, the longer it will take for things to change for the better. Until then, we ride to ensure our own safety as much as possible. Hope for the best, prepare for the worst!

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wycombewheeler replied to wtjs | 2 years ago
4 likes

to be fair to police, when they pass cases to the CPS and it gets prosecuted but magistrates then aquit the drivers it's hard to see the motivation for the police to do anything beyond sending warning letters.

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eburtthebike replied to sensei | 2 years ago
5 likes

sensei wrote:

There needs to be more pressure put on the government to legislate properly against these offences, to be seen as a crime and to have absolutely clear guidance on what the punishments are for offenders. Run a National campaign to educate motorists on the required standards and factor in additional resources to support implementation of the new measures, for instance, a centralised panel to review close pass footage and set recommendations for action. Considering the potential costs, punishments should begin with part fine/part points and be factored into greater criminal proceedings the more serious the offence. 

Something like a comprehensive review of road laws to make them safer for vulnerable road users?  The same thing that the government announced all those years ago, but only implemented the new law about causing death by dangerous cycling, that one?

Maybe we could put pressure on the government to actually implement the thing they announced, but to be brutally frank, this government doesn't give a flying flamingo about vulnerable road users.  They are full of great announcements, followed by either sinking without trace or gradually revised down targets to something meaningless, and there is no way of making them accountable, especially since there is no recognisable opposition.

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sensei replied to eburtthebike | 2 years ago
2 likes

eburtthebike wrote:

sensei wrote:

There needs to be more pressure put on the government to legislate properly against these offences, to be seen as a crime and to have absolutely clear guidance on what the punishments are for offenders. Run a National campaign to educate motorists on the required standards and factor in additional resources to support implementation of the new measures, for instance, a centralised panel to review close pass footage and set recommendations for action. Considering the potential costs, punishments should begin with part fine/part points and be factored into greater criminal proceedings the more serious the offence. 

Something like a comprehensive review of road laws to make them safer for vulnerable road users?  The same thing that the government announced all those years ago, but only implemented the new law about causing death by dangerous cycling, that one?

Maybe we could put pressure on the government to actually implement the thing they announced, but to be brutally frank, this government doesn't give a flying flamingo about vulnerable road users.  They are full of great announcements, followed by either sinking without trace or gradually revised down targets to something meaningless, and there is no way of making them accountable, especially since there is no recognisable opposition.

 

Again totally in agreement, the government and police forces alike speak a good game but fail absolutely to follow it up with the actions/changes necessary. Therefore, it is a long road ahead but one that I am certainly prepared to travel down.

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Recoveryride replied to sensei | 2 years ago
2 likes

The law already exists - dangerous driving. We simply need a re-interpretation of what constitutes it. If an evidenced, apparently-deliberately close pass of a cyclist was considered de facto dangerous driving until proven otherwise, and penalised accordingly, that would go a long way. The minimum sentence is a 12 month ban. It also means if a serious accident results, that accident would be considered to have been caused by dangerous driving, making a custodial sentence hard to avoid for the driver.

You could give the police discretion to pursue less egregious instances as careless driving, and issue a £100 fine and 3 points.

Perhaps this is all hopelessly naive - and of course, it will probably never happen - but the actual mechanisms required don't seem to me very complex.

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