Motorists who are caught on camera overtaking cyclists, pedestrians, and horse riders too closely in Wales will avoid punishment for the foreseeable future after GoSafe, the country’s road casualty reduction partnership, revealed that it has temporarily suspended taking action on close passes.

That decision, GoSafe says, is based on “national guidance” issued by the National Police Chiefs’ Council (NPCC) and the Forensic Science Regulator, which advises that distance measurement in videos submitted to Operation SNAP – including the distance between a cyclist and an overtaking driver – must be carried out by trained forensic specialists.

Close passing driver judged to be "showing consideration"
Close passing driver judged to be "showing consideration" (@CampaignCycling on Twitter/X) (Image Credit: @CampaignCycling on Twitter/X)

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

 Is this the end for third-party close pass reporting?

Earlier this month, we reported that South Wales Police will 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.

The change in policy came to light after cyclist and road.cc reader Dave – who had submitted footage of what he described as a “bad” close pass to GoSafe Wales’ Operation SNAP portal – was told that the incident will result in no further action being taken.

According to South Wales Police, Operation SNAP, which is used across the UK, enabling members of the public to submit video and photographic evidence of driving offences to the police, is currently under review because, they said, it has “become so successful that the team is no longer able to manage the demand”.

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When approached by road.cc, GoSafe Wales – the Welsh road safety partnership which manages the Operation SNAP portal on behalf of the police – later confirmed that the third-party reporting initiative will not result in warning letters being issued for the foreseeable future “due to the unprecedented increase in submissions”.

“Since its inception in 2017 Operation SNAP has proved a valuable tool for road safety in Wales,” a spokesperson for GoSafe told road.cc.

“It allows member of the public to submit footage of potential road traffic offences, directly to the police, via an internet portal, and where appropriate suitable action can be taken against offenders, as part of the overall Welsh road safety effort. 

“However, the scheme has become so successful that the team is no longer able to manage the demand submitted by the public. We are in the process of reviewing the operation, in order to ensure that it remains efficient and effective. 

“Therefore, until further notice, we will not be able to take any further action in cases which would previously be dealt with by warning letter. This change will mean that the operation can continue, and that the teams will be able to deal with the most serious cases submitted.”

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GoSafe did, however, noted that “positive action” can still be taken in some cases and may include a conditional offer of a diversionary course, a conditional offer of a fixed penalty, or, in the most serious instances, a date in court.

Shortly after we first contacted GoSafe about their change in policy when it comes to Operation SNAP, another road.cc reader, Ian, told us that he had experienced a dangerous close pass while cycling earlier this month, before submitting the footage “as usual” to the reporting portal.

However, this time, Ian was told that no action will be taken due to “new guidance stating we are not to deal with incidents involving distances”.

When asked about this, GoSafe confirmed that they will no longer take action against motorists who commit close passes following, the spokesperson said, “national guidance from the Forensic Science Regulator”.

“A decision has been made to temporarily suspend taking action on evidence submitted to Operation Snap whereby pedal cyclists, horse riders, and pedestrians feel that the subject vehicle has passed them too closely,” the spokesperson told road.cc.

“This decision has been made following national guidance from the Forensic Science Regulator. 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.”

What is the Forensic Science Regulator’s guidance and how does it affect close pass submissions?

So, what exactly is this guidance from the Forensic Science Regulator, which effectively means close passing drivers can’t currently be punished in Wales?

Based on the guidance issued by the FSR over the past 18 months, which covers everything from drug driving to suspected data manipulation at Randox, it appears GoSafe were referring to a notification, published in August 2024, relating to the estimation of speed from video footage in the criminal justice system.

According to the FSR, a post appointed by the Home Secretary and currently held by former Met Police forensic science director Gary Pugh, the estimation of vehicle speed from video footage – like the clips submitted by camera cyclists and dash cam-using drivers – is a forensic science activity subject to the regulator’s statutory Code of Practice, which came into force in 2023.

Yorkshire close passes
Yorkshire close passes (Image Credit: Bikery)

Last year, the FSR notified police forces undertaking speed estimation from dash cam or bike camera videos that they must comply to the Code of Practice and ensure effective training, methods, checks are in place when examining third-party footage.

This guidance has led some forces to pause their speed estimation policies, though others have continued to examine speed from third-party footage while supplying evidence of their compliance to the Criminal Justice System, with the FSR noting that it is working closely with forces to ensure they “understand the risks that inaccurate or unreliable speed estimation” will be reported.

However, this speed-related guidance does not, as GoSafe suggested, refer to the police’s assessment of the distance between a vulnerable road user and an overtaking motorist.

And, when approached by road.cc, the FSR confirmed that they have not issued national guidance on close passes or “non-analytical” assessments of dangerous or careless driving.

Close pass operation
Close pass operation (Image Credit: @MalvernCops)

“The Forensic Science Regulator requires forensic units estimating speed or distance from video footage to comply with the Code of Practice, and for forensic units to declare compliance or non-compliance in any reports made,” a spokesperson for the FSR told road.cc.

“This does not preclude the use of the evidence at all, and the declaration would only be required if an analytical test such as speed estimation was performed. The requirements do not cover non-analytical viewing to assess a road users’ actions or the consequence of their actions.

“The Forensic Science Regulator has not issued any national guidance on the topic, and certainly nothing that would suggest forces suspend taking action on evidence submitted to Operation Snap for the purposes you outline.”

 As clear as mud?

road.cc then asked GoSafe to clarify why, in that case, action on close pass submissions had been suspended, despite the FSR failing to reference distance in its guidance, leaving the door open for the road safety partnership itself to determine whether a motorist’s overtake can be deemed careless or dangerous.

The organisation then pointed us to the recent Roads Policing Strategy issued by the National Police Chiefs’ Council, which, unlike the FSR’s guidelines, references both speed analysis and distance measurement.

According to GoSafe’s team, the NPCC’s “framework for video-based evidence” details the requirements and level of training required for assessing third-party videos.

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When it comes to “investigative viewing”, the guidance states that for “journeycam practitioners”, footage can be viewed without any forensic analysis by level one trained personnel, “in order to consider the question of prosecution”.

However, to confuse matters even further, the NPCC – referencing the FSR’s guidance – notes that the forensic analysis of this footage, known as “image analysis”, must be carried out by level three trained forensic specialists, who must be “specifically competent in the Forensic Science Activities (FSAs) being undertaken”.

Close pass operation
Close pass operation (Image Credit: Police Scotland Greater Glasgow)

It is this forensic science-based guidance, then, that appears to have triggered GoSafe’s decision to suspend taking action on close passes after all, despite distance measurement not being included in the FSR guidance referenced by the National Police Chiefs’ Council.

And, in any case, does the level of careless or dangerous driving typically displayed in the close passes we’ve witnessed on hundreds of occasions over the years on road.cc really require a highly trained forensic specialist?

We contacted the National Police Chiefs’ Council with these questions, but are yet to receive a response.