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Surrey Police says warning letters “most appropriate course of action” for majority of driving offences, and calls on cyclists who submit multiple near miss clips to “engage with us further” to improve road safety

The force’s response comes after an FOI request revealed that, of the almost 4,000 allegations of driving offences submitted over the past 15 months, only 10 resulted in prosecution

After a Freedom of Information request revealed that 80 percent of the almost 1,000 motorists accused of close passing a cyclist in Surrey over the past 15 months were issued with warning letters, with only three being prosecuted, Surrey Police has claimed that “in the majority of cases, issuing a warning letter is the most appropriate course of action”, due to the “evidential viability” of the submitted videos and the “associated threat, harm, and risk” of the driving offence committed.

The force also told road.cc that it “regularly” receives video submissions of alleged driving offences “from the same people”, and called on those who frequently submit close pass clips to “engage with us further and work together to tackle” issues around road safety.

> Almost 4,000 submissions of driving offences to police force led to just 10 prosecutions, FOI request reveals

Earlier this month, we reported that an FOI request found that, in the 15 months up to March 2023, 3,898 videos of alleged driving offences – including close passes, using a mobile phone, or careless driving – were submitted to Surrey Police’s third-party reporting service.

At the time of the data’s publication, over 3,000 of these had achieved an outcome, with over half of the alleged offences resulting in a warning letter being issued, while only 10 led to a prosecution. 1,344 of the submissions, meanwhile, resulted in no further action being taken.

Of the 938 submissions related to alleged close passes on cyclists, only three resulted in a prosecution, four in a fixed penalty notice, and four saw the motorists offered a driver improvement course. 742 close pass cases, on the other hand, were resolved with a warning letter.

Surrey Police FOI data (image: @CyclingSurrey)

> Here's what to do if you capture a near miss, close pass or collision on camera while cycling

Responding to a request for comment from road.cc regarding the recently published data, a spokesperson for Surrey Police said: “Every allegation and submission of footage (including photograph and video submissions) are viewed and reviewed in terms of evidential viability and the associated threat, harm, and risk.

“Any history of previous driving offences would also be taken into consideration when deciding the appropriate course of action to take.

“A number of options are available to us in dealing with these submissions outside of court prosecutions, including issuing a warning letter, a conditional offer, course, or proceeding with a prosecution.

“In addition to this, there are still a number of live cases within the 3,898 figure that are still outstanding where NIPs [Notice of Intended Prosecutions] have been issued and we are waiting for further information which may yet end in one of the above outcomes that may include court.”

> Cyclist run over by drink driver in shocking footage released by police after man jailed

The statement continued: “In the majority of cases, issuing a warning letter is the most appropriate course of action due to the evidential viability of the material submitted being taken in consideration with the other factors mentioned.

“We regularly receive submissions relating to allegations of driving offences from the same people and have invited a number of them to engage with us further and work together to tackle some of the issues involved.”

The active travel Twitter account, Cycling Surrey, which compiled the data from the FOI request, said last week that they were “grateful” that Surrey Police provides a third-party reporting service, but noted that the issue of reducing road danger “goes further than this”.

“If motorists (who are responsible for the vast majority of road danger) realise it’s more likely there will be meaningful consequence for dangerous behaviour, Surrey’s roads will become safer for everyone. And reduce demand on many public services,” the account wrote.

"My ask is that that Chief Constable Tim De Meyer takes his recent appointment as an opportunity to properly review current investment in third-party reporting, consult with road safety experts, and consider its potential benefits to Surrey Police in the widest possible context.”

> 286 close pass submissions to West Midlands Police resulted in one prosecution, FOI request reveals

Responding to the driving offence figures, one cyclist from Surrey wrote on Twitter: “It’s great that Surrey Police have online reporting but it’s a complete waste of resources if they are only going to send out slap on the wrist warning letters to drivers.”

Meanwhile, another said: “It is hardly surprising that I have seen driving standards decrease around here when the police are letting these bad drivers off with warnings or less. The data is very discouraging.”

The latest FOI request from Surrey comes a month after we reported that, of the 286 reports of careless, inconsiderate, or dangerous driving around cyclists considered in 2022 by West Midlands Police – the force which pioneered the award-winning Operation Close Pass – only one resulted in a prosecution, while 213 resulted in no further action being taken.

Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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53 comments

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chrisonabike replied to chrisonabike | 1 year ago
1 like

Found it - it's the "watching-eye effect".

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wtjs replied to yupiteru | 1 year ago
0 likes

The visible case on the helmet certainly seems to have a deterrent effect

Not in Lancashire it doesn't!  This is Blackburn with Darwen Citroen Picasso taxi No. 3356 NU62 MYH cutting right in on me and forcing (blameless!) oncoming Porsche Macan LN17 VBE right into the kerb and to almost stop. The Picasso overtook me on a blind right bend and, surprise-surprise encounters the Porsche- he then blasts me on the horn but doesn't slow down or hang back. In the taxi passenger seat is a Lancashire County Council employee- identified by Hi-Viz jacket. I will be bringing this one back when Upride displays the video. The point is that I have a big GoPro highly visible on the top of my helmet- but as a result of anti-cyclist b******s at Lancashire Constabulary, Lancashire drivers know there's no possibility of action being taken against them, no matter what the offence against a cyclist- appropriately, this all took place right next to Old Garstang Police Station

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wtjs replied to wtjs | 1 year ago
0 likes

The end result of the complaint about the Blackburn taxi driver was that the council claimed that the taxi was actually licensed at the time of the offence despite his absence from the register- the public register is described as being 'not live'. After years of experience with Lancashire Constabulary, I would normally be highly sceptical of such a statement- however, in this case I am inclined to believe it. I also believe the statement of the council that the driver has been interviewed and warned etc. etc- especially as the only conceivable action by LC woud be none at all.

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HoldingOn | 1 year ago
9 likes

Quote:

engage with us further

Do they mean more than the frequent video evidence of poor driving, along with the location that it happens, the vehicle being driven at the time and the date time, all while supplying contact information to an establishment who's job consists of finding people?

Ahhh - they want us to submit the videos in person, along with an interpretative dance of the incident.

Whatever it takes to make things safer.

 

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Hirsute replied to HoldingOn | 1 year ago
7 likes

To see if you have a d lock, then they can arrest you on suspicion of potential to create a public nuisance.
Then you will be jailed and unable to make any submissions.

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hawkinspeter replied to Hirsute | 1 year ago
4 likes

Hirsute wrote:

To see if you have a d lock, then they can arrest you on suspicion of potential to create a public nuisance. Then you will be jailed and unable to make any submissions.

The king was in the same county, so it was obvious that the police had to take action to prevent disruption

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hawkinspeter | 1 year ago
4 likes

I don't understand what they mean by "evidential viability" as surely the vast majority is going to be video evidence and I can't think of anything more conclusive than a video of a driver passing too close to a cyclist.

Also, it seems bizarre to claim to want to further engage with the frequent submitters - why don't they just email those people considering they have their contact info? Personally, I'd be happy to engage further with A&S police (my hood) if they have questions or suggestions about my various video submissions - all they need to do is send an email.

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Bucks Cycle Cammer replied to hawkinspeter | 1 year ago
1 like

hawkinspeter wrote:

I don't understand what they mean by "evidential viability" as surely the vast majority is going to be video evidence and I can't think of anything more conclusive than a video of a driver passing too close to a cyclist.

"We can't prove the speed/distance" - the latter, of course, can be proven with a visit to the site but it then comes down to proportionality; the former is trickier without calibrating the individual recording device etc.

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Hirsute replied to Bucks Cycle Cammer | 1 year ago
1 like

The strange thing is that inspector kev if this parish said his force does a still of your bike and camera setup with on of those mats ( think you can also go to specific bikes shops). Then they use the still as a reference point.
Surely a national standard for doing this should be mandated.

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hawkinspeter replied to Bucks Cycle Cammer | 1 year ago
2 likes

Bucks Cycle Cammer wrote:

"We can't prove the speed/distance" - the latter, of course, can be proven with a visit to the site but it then comes down to proportionality; the former is trickier without calibrating the individual recording device etc.

It seems pretty obvious to me that a video shows a very good indication of speed and distance. The thing is that it's very rarely a borderline case of maybe a 1.495m passing distance instead of 1.5m, so I doubt that they're really being honest with us about that. You don't even need an accurate speed and/or distance as the criteria is to show "reasonable consideration" to other road users, so that's going to be a judgement call by the magistrate or jury, but the very fact that a cyclist felt themselves to be endangered is probably the most important criteria.

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Bucks Cycle Cammer replied to hawkinspeter | 1 year ago
2 likes

This is all true, but I have been told in the past by TVP that "the Highway Code is guidance only". They have been better over the last year, however, and the majority of my recent submissions have resulted in a course being offered.

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TonyE-H replied to hawkinspeter | 1 year ago
3 likes

hawkinspeter wrote:

Bucks Cycle Cammer wrote:

"We can't prove the speed/distance" - the latter, of course, can be proven with a visit to the site but it then comes down to proportionality; the former is trickier without calibrating the individual recording device etc.

It seems pretty obvious to me that a video shows a very good indication of speed and distance. The thing is that it's very rarely a borderline case of maybe a 1.495m passing distance instead of 1.5m, so I doubt that they're really being honest with us about that. You don't even need an accurate speed and/or distance as the criteria is to show "reasonable consideration" to other road users, so that's going to be a judgement call by the magistrate or jury, but the very fact that a cyclist felt themselves to be endangered is probably the most important criteria.

Essex Police sent a warning letter for this one, as apparently it was impossible to properly judge the distance they passed at. That's what I was told after I lodged a complaint about the outcome.

https://youtu.be/F_7Dw--4p9k

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hawkinspeter replied to TonyE-H | 1 year ago
2 likes

TonyE-H wrote:

Essex Police sent a warning letter for this one, as apparently it was impossible to properly judge the distance they passed at. That's what I was told after I lodged a complaint about the outcome.

https://youtu.be/F_7Dw--4p9k

Again, that shouldn't be an issue as the driving was inconsiderate regardless of the exact distance, but you can certainly tell that it was way too close by watching where it is in relation to the white lines.

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TonyE-H replied to hawkinspeter | 1 year ago
4 likes

It really shouldn't, but that was the excuse given by the officer who phoned me, and he was a cyclist too don't you know.

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Surreyrider | 1 year ago
1 like

The FOI response supports what I've been saying here for a long time even though Road CC lauded Surrey Police because they have a Twitter account that provides them with easy copy. 

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Bucks Cycle Cammer replied to Surreyrider | 1 year ago
0 likes

Surreyrider wrote:

The FOI response supports what I've been saying here for a long time even though Road CC lauded Surrey Police because they have a Twitter account that provides them with easy copy. 

The trouble is that it's not the RPU who deals with third party reports.

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Surreyrider replied to Bucks Cycle Cammer | 1 year ago
0 likes

Oh, so they're not part of Surrey Police then? Silly me.

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Bucks Cycle Cammer replied to Surreyrider | 1 year ago
3 likes

That's like saying Mark Hodson doesn't have a clue what he's talking about because WMP have seemingly gone downhill recently, and Andy Cox is likewise clueless because of the Met's reputation. Just because Surrey RPU is on the ball doesn't mean the rest of the force is in any way decent (it may or may not be), even if it is seemingly working in the same field.

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Surreyrider replied to Surreyrider | 1 year ago
1 like

"engage with us further and work together to tackle” issues around road safety.

That'll be the people who ignore you. And that'll be the people who should be doing their job and punishing dangerous road users.

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RicCycleCoach | 1 year ago
4 likes

whenever i see a close pass story, where a police officer is involved then i'm pretty certain it always ends up with a NIP and court... just sayin like...

i've given up sending mine in. the amount of times they've been lost, or can't find the video on the day of court, or failed to send a NIP in time, or laughingly didn't even know they needed to send a NIP is frightening/baffling. currently waiting on a FOI for Sussex and prosecution numbers...

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Bucks Cycle Cammer | 1 year ago
3 likes

“In the majority of cases, issuing a warning letter is the most appropriate course of action due to the evidential viability of the material submitted"

Perhaps if the submitters were actually given feedback, then they'd be better able to provide more 'evidentially viable material' in the future? Just a thought.

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Surreyrider replied to Bucks Cycle Cammer | 1 year ago
1 like

Well the feedback on that would be flimsy to say the least when they're provided with perfectly good/clear video footage. 

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Grahamd replied to Bucks Cycle Cammer | 1 year ago
2 likes

Bucks Cycle Cammer wrote:

“In the majority of cases, issuing a warning letter is the most appropriate course of action due to the evidential viability of the material submitted"

Perhaps if the submitters were actually given feedback, then they'd be better able to provide more 'evidentially viable material' in the future? Just a thought.

More likely, they are clearly unable to eat doughnuts without spilling jam over everything.

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