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Near Miss of the Day 646: Cyclist wonders whether police force “just supports aggressive and inconsiderate driving”

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

A cyclist in Swansea who was overtaken by a van driver just as they both headed into a roundabout says that the response from South Wales Police has left him wondering whether the force “just supports aggressive and inconsiderate driving” – and from the footage submitted to us as part of our Near Miss of the Day feature, it’s difficult to disagree.

Marcus, the reader who sent through the footage, told us: “This was submitted to GoSafe, but I was told that there would be no further action. Here is the response...

Thank you for your submission. Whilst you allege the van driver to be at fault for the incident, we are not of the same opinion. You are aware of the vehicle approaching, in a lane marked area where you are proceeding in lane 1 and the van is in lane 2. Whilst you advise you intend to move into lane 2 and you advise you are indicating, this does not give you an automatic right to cross into lane 2 simply because that is the direction you want to travel. You have effectively changed lanes into the side of a passing, correctly proceeding van. Please cycle with more care in the future.

Marcus said: “They are pinning this dismissal on the suggestion that I moved into the van's lane, yet the lanes are only 'separate' for the last 5m or so, and I was into the lane before the van arrived.

“Obviously I am disappointed with this response. Am I right to feel wronged here? Should I just take it on the chin, learn from it and move on, or try and appeal, not that I think I even CAN appeal.

“I am aware that it's "better to be alive than right", but to me the response in this case just supports aggressive and inconsiderate driving.”

We’ve said before that there does seem to be some kind of postcode lottery in operation about how seriously police forces around the country take such footage … and certainly, we think that if Marcus lived in another area, action may have been taken against the driver.

The clip also underlines something we regularly see in the videos our readers send through to us – a motorist putting a cyclist in danger all for the sake of saving, what, one or two seconds in this instance?

> 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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59 comments

Avatar
belugabob | 2 years ago
2 likes

Regardless of the "who was right/wrong", in this situation, I feel that too many junctions have layouts that encourage 'competitive' driving. Too often, a single carriageway splits into several lanes just before a roundabout/junction and this just results in people choosing a lane purely because of perceived overtaking opportunities, rather than directional needs.
A prime example of this, is the LongBarrow roundabout on the A303, just east of Stonehenge. Single carriageway on either side, but short double lanes on the approach/exit. All this does, is split the traffic into two lanes, which then have to merge, as they exit the roundabout - the ensuing delays are predictable and constant, even affecting the north/south road, as the roundabout is often blocked.
Longbarrow Roundabout
https://maps.app.goo.gl/6DvSy2G8UWt1qYxW6.

Most motorway on-ramps are the same - inexplicably having 2 lanes that feed into one, leading to desperate MGIF moments.

Simplifying junctions would reduce a lot of these shenanigans - maybe even the roundabout in the NMOTD under question (although folks more familiar with that junction may know of a good reason for the left turn lane)

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chrisonabike replied to belugabob | 2 years ago
2 likes

belugabob wrote:

Regardless of the "who was right/wrong", in this situation, I feel that too many junctions have layouts that encourage 'competitive' driving. Too often, a single carriageway splits into several lanes just before a roundabout/junction and this just results in people choosing a lane purely because of perceived overtaking opportunities, rather than directional needs. [...]

Indeed - this is quite common. Presumably there are reasons for doing things this way but I note that some countries have moved away from the "multi-lane" / overtaking approach and there's another way of doing roundabouts. (For high speed high capacity motor-vehicle-only roundabouts only Bedford!)

If only there was another philosophy of how we might design roads which was focussed on safety but put more emphasis on understanding fallible human nature and working with that, not against it. If only there was a practical application of that which had been in existence for over 20 years which we could examine. Oh well, predict and provide it is and when that fails "sign it better".

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belugabob replied to chrisonabike | 2 years ago
0 likes

Thanks for those links, @chrisonatrike - we can live in hope

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Supers79 | 2 years ago
0 likes

It would have been considerate for a driver to have let the cyclist in but he didn't have to, therefore I'm not sure what the police are expected to do.  If it was a BMW making such a late change of lane, I doubt I would let them in. 

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DrG82 | 2 years ago
2 likes

I know this junction, I've cycled a lot on gower and would usually head back this way or turn by the Railway Inn and head to the front if I wanted to extend my ride.

Coming up that hill does slow you down a bit and it does take some guts to stick yourself out in the right lane for a long time so I have sympathy with you in that regard. Saying this you do seem to have been indecisive in your lane selection and moved across after the van had already decided they were passing you to turn right.

Looking at the other videos on your YouTube channel, did you send in the one from Fairoak Common? I've had lots of close passes there and your video does show some really dodgy driving that should get a positive from the cops.

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Dicklexic replied to DrG82 | 2 years ago
0 likes

Hi DrG82 yeah in this case my indecision was definiltey a major factor in this incident. Lessons learnt for sure.

Regarding the Fairwood Common one, yes I also submitted that one. Sadly I never had any further response beyond the initial automated response confirming my submission. I really hope that was taken further, very dangerous driving.

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Oldfatgit | 2 years ago
1 like

I would have been over in L2 and took control of the lane as soon as it appeared or it was safe to do so ... Just like I would have been in my car.
So what if it means the motorised traffic have to slow down early - they've got to slow down / stop anyway.

In this kind of situation you either have to dominate the L2, or be right close to the far edge of L1 and go really deep into the junction to make your turn.
There was plenty of room there for either option.

I would suggest that you put yourself somewhat at risk by moving over when you did. The van is pretty much on top of you, and there's also the approaching traffic island on the outside which added additional risk to the manoeuvre.

I can't help but feel that your forwards planning wasn't as far forwards as it should have been, that your risk assessment was somewhat out, and I do somewhat agree with the Police that there should be no further action against the van.

I do seem to remember that the HWC used to say that cyclists should pull over to the left and wait for the road to be clear when turning right if it's busy ... But being really brutally honest, it's a while since I last read it and newer editions may not have this anymore.

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jh2727 replied to Oldfatgit | 2 years ago
0 likes

Oldfatgit wrote:

I would have been over in L2 and took control of the lane as soon as it appeared or it was safe to do so ... Just like I would have been in my car.

That's all well and good - if you are familiar with the road. There doesn't seem to be any indication of which lane goes where until you are right on top of the lanes.

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wycombewheeler replied to jh2727 | 2 years ago
0 likes

jh2727 wrote:

Oldfatgit wrote:

I would have been over in L2 and took control of the lane as soon as it appeared or it was safe to do so ... Just like I would have been in my car.

That's all well and good - if you are familiar with the road. There doesn't seem to be any indication of which lane goes where until you are right on top of the lanes.

the left lane is rarely correct for people wanting to turn right.

But in this video it is clear at 20s which lane is for where, with both arrows and text visible, at this time it is clear to move out. The cyclist hasn't moved into the other lane by 27s with the van passing at 29s

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mdavidford replied to wycombewheeler | 2 years ago
0 likes

wycombewheeler wrote:

the left lane is rarely correct for people wanting to turn right.

Pedantically, in road design terms, it was straight ahead, not turning right.

Given the options were left or ahead and the road in question, in this instance it was probably safe to assume that ahead would need the right-hand lane, but on slightly larger roads it's not unusual to have 'left/ahead' and 'ahead only' arrangements.

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wycombewheeler | 2 years ago
3 likes

as the driver, I'd have slowed down and signalled the cyclist to move into my lane, it was clear they wanted to move lane. Dissapointing that a van with a bike rack on the back didn't do this.

However, as the cyclist I'd have either taken the right lane as soon as there was seperation, or I would have waited for the van to pass, at 25s it was clear the van was not waiting, and proceeding to move right after this was likely to lead to conflict. I would have quite happily entered the roundabout from right of centre in the left lane and followed the van round.

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Rendel Harris replied to wycombewheeler | 2 years ago
2 likes

wycombewheeler wrote:

 Dissapointing that a van with a bike rack on the back didn't do this.

Unfortunately some of the worst driving I've experienced in the Surrey hills recently has come from wankpanzers with bike racks on the back, often holding very expensive mountain bikes. There is a breed of rider these days that enjoys riding off road but regards anyone using a bike on the road with contempt.

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hairyairey | 2 years ago
1 like

Take it to their professional standards department. Probably won't change the outcome but it will mean they have to look again at your complaint.

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hawkinspeter | 2 years ago
0 likes

Ideally, the van driver should have slowed down to let the cyclist in front, but I'd agree that it was left a bit late to merge into that lane. The problem is that for a cyclist to merge, there either has to be plenty of room, or the relevant vehicle has to slow and allow the cyclist in which they don't necessarily have to do.

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wycombewheeler replied to hawkinspeter | 2 years ago
1 like

hawkinspeter wrote:

Ideally, the van driver should have slowed down to let the cyclist in front, but I'd agree that it was left a bit late to merge into that lane. The problem is that for a cyclist to merge, there either has to be plenty of room, or the relevant vehicle has to slow and allow the cyclist in which they don't necessarily have to do.

ideally the cyclist should have moved over earlier

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hawkinspeter replied to wycombewheeler | 2 years ago
1 like

wycombewheeler wrote:

hawkinspeter wrote:

Ideally, the van driver should have slowed down to let the cyclist in front, but I'd agree that it was left a bit late to merge into that lane. The problem is that for a cyclist to merge, there either has to be plenty of room, or the relevant vehicle has to slow and allow the cyclist in which they don't necessarily have to do.

ideally the cyclist should have moved over earlier

Yes, that as well.

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Haitchaitch | 2 years ago
3 likes

I think the biggest lesson to take from this is own the lane… Sit in the centre of the lane and take that right hand lane from its start point. I’m sure the motorists will love that.

The time to be considerate and not take lanes unnecessarily early is over.

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Dicklexic | 2 years ago
9 likes

Yep lessons learned from this definitely!

I've always regarded myself as an assertive yet considerate rider, but clearly I misjudged this particular one completely. Glad to read the (mostly) constructive criticism from everyone else on this one and move forward, and hopefully be safer next time!

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Bungle_52 replied to Dicklexic | 2 years ago
2 likes

HC rule 212.

"When passing motorcyclists and cyclists, give them plenty of room (see Rules 162 to 167 ). If they look over their shoulder it could mean that they intend to pull out, turn right or change direction. Give them time and space to do so."

May be you weren't so wrong after all.

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joe9090 | 2 years ago
1 like

Looked like dodgy cycling to me. I would never had done that, no need to gurn around over the shoulder for so long - almost loooked like he wanted some conflict. That left turning lane was fine to stay in if you have indicated right... what a nonsense video. This is the kind of cyclist who inevitably has vehicle contact from cycling so weirdly. 

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GMBasix replied to joe9090 | 2 years ago
2 likes

joe9090 wrote:

no need to gurn around over the shoulder for so long - almost loooked like he wanted some conflict.

Absolutely no problem in maintaining observations and eye contact. If anything, cyclists do too little/ineffective over-the-shoulder observation.

Not defending the manoeuvring but, purely from an observations pov, using the whole upper body, or effective head positioning, to take effective observations is crucial.  It gives a clear understanding of what is happening, and also telegraphs intentions to other road users.

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Dicklexic replied to joe9090 | 2 years ago
4 likes

No not looking for conflict at all. Based on years of past experience I was expecting that with plenty of obvious signals and clear body language the driver would have been under no illusions at all to my intentions, and would be slowing down any moment to 'let' me across. Clearly I got it wrong. Lessons definitely learnt on this one.

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squidgy | 2 years ago
1 like

The lane seperation is a lot more than the 5m claimed , more like 20m  

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peter53smith | 2 years ago
2 likes

This is atrocious driving. Admittedly some cyclists may taken the right hand lane at an earlier stage. But, that assumes that the driver will back down and abandon the overtaking manoeuvre. Is that always a safe assumption?

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Hirsute replied to peter53smith | 2 years ago
2 likes

The idea is that you take primary. Although as noted by sriracha, this can lead to an undertake but that would have been interesting one to submit.

I'm more worried about the lack of hive mind and the absence of police hating. What went wrong ?

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GMBasix replied to Hirsute | 2 years ago
1 like

Early primary for a right-lane position means that an undertake to take a left-turn would not have been a problem, if done carefully; and once the lines start, it's just differential lane speeds.

If the undertaker then went straight on, it would have been careless.

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Hirsute replied to GMBasix | 2 years ago
2 likes

He did go straight on which raised the question of whether an early primary would have resulted in an undertake and cut back.

Cycling Gaz did a compliation of undertakes when he was in various L2 situations, so always something I am mindful of.

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Sriracha replied to Hirsute | 2 years ago
0 likes

On reflection, in a similar situation on my route (traffic lights with a left turn lane and two lanes straight) I take a strong primary in the left turn lane to prevent a left hook, and go straight on. It's much safer than having cars both sides of me gunning for the lights. Not sure if that would work here, you might get pinched out at the roundabout exit.

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AlsoSomniloquism replied to Sriracha | 2 years ago
0 likes

I have one on mine as well. Left lane is turn left, other two are straight on (with optional turn right/come back on yourself). I'm normally in the middle lane by the Streetview link. It helps I'm doing between 20-30mph so keeping within a nice speed in relation to lawful cars. Still get arseholes who use the left lane for straight on but I'm looking for those. Worst is when I have to slow for cars coming around (not many do as they normally come off at the next island but there are some) due to getting speed back up or worry about being rear ended by some asshat. 

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GMBasix replied to Hirsute | 2 years ago
0 likes

Do the right thing and risk an undertake; do the wrong thing and risk somebody proceeding exactly as they should, blocking your progress.

If they undertake, they undertake.  Be aware and allow yourself room to anticipate and move right if necessary.

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