The National Police Chiefs’ Council has responded to last week’s shock revelation that police in Wales are to stop taking action on cyclists’ close pass videos and clarified that it simply is not the case that there is anything in its guidance to warrant the decision.

Cyclists were alarmed to hear last week that motorists who are caught on camera overtaking cyclists, pedestrians, and horse riders too closely in Wales will avoid punishment for the foreseeable future because GoSafe Wales, the country’s road casualty reduction partnership, has chosen to temporarily suspend taking action on close passes — a decision it said was based on “national guidance” advising forces to avoid “dealing with incidents involving distances”.

The “national guidance” in question was that which was issued by the National Police Chiefs’ Council (NPCC) and the Forensic Science Regulator, GoSafe Wales interpreting some parts as a reason to suspend taking action against drivers who pass cyclists, pedestrians or horse riders too closely.

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This is essentially, in GoSafe Wales’s interpretation, because it advises what the NPCC calls “journeycam units” that they “do not have the capability to measure speed and distance from digital media submissions” and, as GoSafe Wales suggested last week, that such measurements would need to be carried out by trained forensic specialists.

Consequently, GoSafe Wales concluded, it should temporarily suspend taking action on evidence submitted to Operation SNAP showing a driver passing a cyclist or pedestrian “too closely”.

In our reporting last week we explained that the Forensic Science Regulator, which regulates the application of scientific principles and methods in legal decision-making in England and Wales, had insisted that it has not issued any guidance “that would suggest forces suspend taking action on evidence submitted to Operation SNAP”.

Van driver close pass on cyclist captured by police
Van driver close pass on cyclist captured by police (Image Credit: Staffordshire Police’s roads policing unit)2)

And now, speaking with a spokesperson for the NPCC council for police chiefs, we’ve again had it confirmed that it is simply not the case that its guidance would mean that police forces cannot take action on the Operation SNAP submissions in question.

The spokesperson pointed out that while a “close pass itself isn’t an offence and hasn’t ever been” the “behaviour of driving too close could constitute careless/inconsiderate or dangerous driving – in the same way that driving at speed past a vulnerable road user, revving an engine and frightening a horse etc. could also constitute either of those offences.”

“Every force is operationally independent so they can make their own decisions around what they do with journeycam footage,” the spokesperson accepted, but the explanation above and guidance to forces is not intended to point them towards the GoSafe Wales approach of suspending taking action for ‘close pass’ submissions.

“We want to encourage the submission of footage as it’s a really valuable tool so wouldn’t want anything to put people off from doing so,” the NPCC spokesperson added.

Operation Snap
Operation Snap (Image Credit: Farrelly Atkinson)

So, with the knowledge that journeycam units “do not have the capability to measure speed and distance from digital media submissions”, what should Operation SNAP users be doing to ensure their reports have the best chance of being actioned?

“The impact statement is really important,” the NPCC spokesperson said. “The submitter needs to explain the circumstances and effect the road user’s behaviour had on them which is what significantly strengthens the evidential picture. Viewing and triaging journeycam is always going to be a little subjective because you cannot measure the speed or distance but the statement plays a big role in demonstrating the severity of what happened.

“Journeycam provides a real opportunity for partnership between the public and police to protect vulnerable road users and improve both the safety of our roads and road user behaviour. It’s estimated that upwards of 150,000 pieces of journeycam footage are submitted to police every year, proving how invested the public are in improving road safety. UK police are grateful for the public’s support and want to ensure that as many submissions of journeycam footage lead to a positive outcome as possible.

“Journeycam units will view and assess submitted footage but do not have the capability to measure speed and distance from digital media submissions. As such, an accompanying impact statement from the submitter will significantly strengthen the prosecution’s case, giving it the best chance of succeeding.

“This would apply to submissions such as those for close passes on vulnerable road users which form part of the offences of
careless/inconsiderate or dangerous driving. The impact statement should be detailed and explain the circumstances of the incident and its effect on the witness.

Close passing driver beeps horn at cyclist in town
Close passing driver beeps horn at cyclist in town (Image Credit: Dorset Safer Roads)

“Most online portals will either ask you to submit footage with a statement or you will be asked separately to provide a statement. Check the guidance on the police force website as acceptance criteria may differ from force to force. You will need to submit footage from either side of the incident itself and this will be specified between one to five minutes.

“A practitioner will then triage the footage, together with the rest of the evidence and decide what the best possible outcome is. This can include: no further action, a warning letter, referral to educational courses or whether it could be progressed for consideration of prosecution at court. You should retain your original footage for at least six months unless otherwise instructed.”

The double clarification from the Forensic Science Regulator and National Police Chiefs’ Council will likely quell the fears of last week that GoSafe Wales’s stance could be something of the end for third-party close pass reporting?

Earlier this month, South Wales Police too caused concern, with the force to no longer issue warning letters to motorists caught on helmet or bike cameras driving carelessly, due to the overwhelming amount of footage currently being submitted to its online reporting portal.

In response to our request for comment following the NPCC’s clarification, GoSafe Wales told road.cc: “Operation Snap remains in service for witnesses of driving offences and will evaluate each incident on a case-by-case basis taking into consideration aggravating factors present.

“Whilst we are unable to conduct speed and distance analysis, we do not discourage people from reporting offences. We will continue to assess them in order to ascertain if further action is applicable in the circumstances.

“Please note that any incident that causes harm to the submitter should be reported to their local police force directly.”