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Near Miss of the Day 825: Police refuse to prosecute because cyclist swore after driver pulled out on him

It's déjà vu in this edition of Near Miss of the Day, as a cyclist who was nearly hit by a driver pulling out of a side road was told no prosecution will happen because of his conduct...

*Warning: clip contains very strong language*

In today's Near Miss of the Day, a cyclist who reacted angrily when he was almost hit by a driver pulling out from a side road was told police would not be prosecuting because of his conduct in the aftermath of the incident. Believe it or not, this isn't the first time we've featured a story about camera submissions where swearing was cited as the reason for police refusing to take action. reader Stephen says he cycles to work regularly in and around Peterborough, and has been on the receiving end of "many" near misses. 

Stephen told us more about the incident and his dealings with Cambridgeshire Police, saying: "I apologised for the swearing but I was angry and shocked that the motorist would put my life at risk just to save a few seconds. I also don't know how to 'beep' them out [of the footage]. This turned out to be my downfall...

"On submitting this to the police they stated that due to me swearing at the woman, after she nearly caused an accident, they will not prosecute her!

"I have never heard anything so ridiculous and in future must thank them for nearly killing me if there is to be a chance of action being taken against them.

"Sorry about the swearing but I was angry and frightened by [the driver]." has contacted Cambridgeshire Constabulary for comment. 

Back in May of last year, was told by Gwent Police that if a cyclist submits footage of bad driving under its Operation Snap initiative, the cyclist themself could face prosecution if they can be heard swearing in the footage. 

Cyclist Nick Thompson, whose footage led to the original story on, was told by the Crown Prosecution Service that “there is no general rule against prosecuting cases where victims or witnesses can be shown to have used bad language.”

DCS Andy Cox, head of crime and intelligence in Lincolnshire and the national lead for fatal collision investigation reporting, told "I believe we should review every matter in its individual sense; eg if there has been dangerous or reckless driving this should be reviewed in the context of the driving (eg in isolation to other matters).

"That said; any offensive or intimidatory behaviour should also be reviewed and where appropriate enforcement action progressed against any relevant party; even if that person has been impacted by sub standard driving.

"Offensive and intimidatory behaviour only enhances the danger on our roads and all parties should remain respectful towards each other as that is the best way to maintain safe and sensible travel."

> Near Miss of the Day turns 100 - Why do we do the feature and what have we learnt from it?

Over the years 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] or send us a message via the 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

Arriving at in 2017 via 220 Triathlon Magazine, Jack dipped his toe in most jobs on the site and over at eBikeTips before being named the new editor of in 2020, much to his surprise. His cycling life began during his students days, when he cobbled together a few hundred quid off the back of a hard winter selling hats (long story) and bought his first road bike - a Trek 1.1 that was quickly relegated to winter steed, before it was sadly pinched a few years later. Creatively replacing it with a Trek 1.2, Jack mostly rides this bike around local cycle paths nowadays, but when he wants to get the racer out and be competitive his preferred events are time trials, sportives, triathlons and pogo sticking - the latter being another long story.  

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