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news
Near Miss of the Day 674: “The driver is going to have to inconvenience someone,” say police – that “someone” was a cyclist
“The driver is going to have to inconvenience someone,” said the police worker who reviewed the poor driving featured in our Near Miss of the Day series – that “someone” was of course a cyclist, and we are glad it was just an “inconvenience” he suffered.
Here is the reply that road.cc reader Richard got from Gloucestershire Constabulary when he sent the footage to them.
Thought your readers may be interested in my latest submission to Gloucestershire Constabulary for your NMOTD. I have attached a copy of the video I sent in and below is the reply I received.
“I’m not going to prosecute the driver.
“Initially he has left plenty of room. The opposite carriageway is clear. The van then appears from the mini roundabout and the car is already quite far passed you. At this point the driver is going to have to inconvenience someone because of the situation has developed in a way the driver didn’t foresee.
“Because of this it wouldn’t meet the threshold for careless driving as the driver hasn’t been careless they have been the victim of unforeseen circumstances.”
An interesting take on a close pass that put the cyclist in danger, don’t you think?
> 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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115 comments
What hope do we have of safer roads for cyclists when the police don't appear to understand the rules of the road?
Apologies, I haven't read the 114 comments. The overtake is dangerous because the driver cannot see far enough up the road to make a safe overtake, simple. Please correct me if I'm wrong, Gloucester police have got it wrong.
Pretty much sums it up for me
Anyone else old enough to remember this public information film first time round? (My apologies if it's already cropped up.) A memorable slogan and a principle I've always tried to adhere to as both a cyclist and a driver. 'Read the road':
https://m.youtube.com/watch?v=G6ZMuIjfn40
It's not exactly rocket science, is it?
How about the driver inconveniences - himself. He could have braked , and gone behind the cyclist. That way, the cyclist, who is the most at risk, is made safe.
Doesnt the new HWC with its priority of road users, require that?
This is simply poor driving. That was a dangerous place to attempt to overtake which is why the driver ended up cutting up the cyclist. I do not understand the police's argument.
The driver didn't look far enough ahead. It's that simple. It's an example of poor driving. The response by the police makes no sense.
The driver was approaching a junction. I think HWC says don't overtake in such a case. If you were a car that happened to be going at the speed you were they would have waited behind - maybe wondering why.
So the police ignore the fact that the driver overtook in a traffic calming zone (speed bump) and ignored rule 166 "stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left"
So the police ignore the fact that the driver overtook in a traffic calming zone (speed bump) and ignored rule 166 "stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left"
Yes, of course. That's what they do! The police, at least the bent forces like Lancashire, have decided that the police make the law and if cyclists don't like being close-passed, cut up a treat or threatened with being 'knocked off the road', they should stay off that road 'for their own safety'
I think it reflects well on the UK that we are surprised at police not upholding standards. However from a different place in the UK and an unrelated area of policing but see just how far the police can get from doing what appears to be their job - or finding any problem with what they did afterwards... It's not just a police issue because you get the service you pay for and monitor / motivate. In this case we have under-resourcing, leading to negligence, unwillingness to deal with other departments (our in-tray's already overflowing), incompetence (may be linked to under-resourcing - "can't afford to" fire anyone) and then lying at all levels to cover their backsides.
I think it reflects well on the UK that we are surprised at police not upholding standards
In Lancashire we're not surprised.
What hope do we have of safer roads for cyclists when the police don't appear to understand the rules of the road?
Not much. It goes without saying (again!) that close-passing of cyclists does not exist as an offence in Lancashire. They have never prosecuted anyone for it, and have never conducted any close-pass operations like the Operation Edward of Sheffield NW. There's a Lancashire TacOps sergeant who thinks that cyclists have to move over into the gutter so that motorists can get past without crossing double white lines, and that the cyclist can be prosecuted for not doing so. He threatened to prosecute me, but was made to look the fool he is when I urged him to do so- and I never heard from him again.
Overtaking when approaching a junction.
"unforseen" that a van might use the junction to...err...use the junction.
Overtake, brake test the person now behind you. (I am sure this is the thing they do for insurance fraud)
Other than that, all ok
Just if there is a body such decisions can be reported to (other than the PCC who will refer it back to the force reaching the conclusion)?
Classic cycling into a problem.
The drivers made a mistake. you can see the problem .
You can
a. use your brakes be in control and solve it
b. carry on regardless putting yourself in danger.
Strange choice to make Maybe the cyclist is indestructible.
And in this case, the cyclist clearly chose (a)
eventually
Once it was clear the driver was not going to do what they should, and abandon the overtake. It makes it difficult for the driver to slow and pull in behind if the cyclist also slows.
So you advocate that before knowing what the driver will do, the cyclist should facilitate the wrong response and hinder the correct response?
If your opinion of the standard of driving we should epect on UK raods is so low, what does it say about policing of those roads, and refusal to take action against poor driving?
IIRC a few NMOTD ago we had a bus driver who started an overtake then slammed on its brakes and swerved in narrowly missing the cyclists back wheel. If that cyclist had "seen the potential problem" as Nic decided he would now be dead.
Still I'm sure on that footage he would have blamed the cyclist somehow.
Yes Nic. They were far too late. They should have done it the instant the driver wanted them to, and not a second later....
The rider did all that they needed to do. This no collision outcome was due to to their action of adjusting their course and braking.
The driver completely failed in their duty of care to other road users, willfully breaking at least 2 HWC rules that are there for everyone's safety.
This bollox about mistakes. It's sheer incompetence that can and should be rectified. And yet again the Police have been found wanting. The no injury outcome was thanks to the rider, and not the culprit. This driver will continue to make these "mistakes" until eventually they hurt someone.
And let's make no bones about this. This incompetence doesn't just affect people on bikes. This individual will be equally incompetent, and as much of a liability, around pedestrians, horses, and other motorists.
Really Nic, is there no situation that you can't attempt to skew to make it anyone but the driver's fault?
Classic Gaslighting
I take where you're coming from. However, the problem is that if your response to situations like this is just "the cyclists should have stopped" you create (or, more realistically, perpetuate) a situation where "might is right" and drivers just carry on regardless of right of way on the basis that the cyclist will stop. And then one time they won't.
I think you need to view the clip with the sound on. You can literally hear the brakes being applied.
More importantly, the driver would not be making a mistake if he understood and followed the highway code. The HC predicts these conflicts. That is why it is bad driving. I think if you read most of the comments the suggestion is that the police should not be letting the driver off and in this case some retraining would be appropriate.
This.
Part of safe driving is that when, inevitably, a mistake is made (by you or others) the outcomes are more likely to be low stakes as you are not engaging in high-risk driving
Cyclist didn't cycle into a problem. Problem was caused by driver. I know the likes of you and Boo always like to state that once the car has its nose in front, the cyclist needs to brake quickly to a stop, get off and bow heads to the driver and pray the driver has a safe journey, but it is always up to the overtaking driver to ensure it is a safe manouvre without forcing other road users to deviate in speed or direction.
But I suppose as someone who has confessed to being a multiple bad driver and still drives badly even after being caught (at least once) needs to blame the other vulnerable road user.
Average driver. Better than some worse than others Like most people.
Which is why we need action to raise the standard to a point where it's acceptable. Like enforcement against incidents like this.
a) shit happens, put up with it
b) shit happens, do something about it
Obviously a) is the way to go.
This is the way....
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