Today’s video in our Near Miss of the Day series shows a motorist who was on his phone making a very close pass, at speed, on a cyclist in Wiltshire – but police have refused to accept the footage because the incident did not result in a collision.
The rider, Josh, said that “Wiltshire Police have refused to take the footage as there was not a collision and they are not taking near miss footage,” and that he had sent it to us after being encouraged to do so by road.cc readers when he shared it to social media.
“I have emailed the footage to the Wiltshire Police road justice team and to the driver’s company and had no response from either,” Josh said, adding that “You can clearly see the drive on his phone at the time.”
He added that in a previous incident on the same road, a motorist had driven his vehicle at him and knocked him off his back, with that case going through court at the moment.
> 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@road.cc">info@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
55 thoughts on “Near Miss of the Day 463: Close pass by driver on phone (includes swearing)”
“police have refused to
“police have refused to accept the footage because the incident did not result in a collision.”
Institutionally anti-cyclist.
or just plain corrupt
or just plain corrupt
visionset wrote:
Yes. What rank was the off duty copper driving?
Dont be ridiculous. you three
Dont be ridiculous. you three embarrass yourselves.
nicmason wrote:
Isn’t it the pitiful reaction of the police that is embarrassing and that’s what causes people to jump to conclusions?
No. The routine accusation of
No. The routine accusation of police corruption damages policing for us all. every time you see video of police being attacked while trying to do their jobs be sure that posts like those have helped create that atmosphere.
I certainly don’t agree with
I certainly don’t agree with people attacking police but I think the behaviour of police is far more important than whether commenters make accusations of corruption (which to be fair I don’t agree with – more likely laziness/lack of resources). What’s needed is for someone on the force to re-examine this and apologise for the poor response. I suspect that they’re not set up to examine email submissions that don’t go through their usual portal (assuming they have one) and that’s why they didn’t respond to this.
I agree hakinspeter, this
I agree hakinspeter, this should simply be referred for an Independent review bu the Office for Police Complaints (www.policeconduct.gov.uk) nothing is gained by attacking the police. The fact that they have communicated in writing that as there was no collision there is no offense to answer for is frankly laughable.
I presume that the officer in question has no concept that it is a lot easier to remedy bad driving before an incident than it is to clear up an accident?
It does seem that the response from police forces is incredibly variable. Some forces are happy to help and will do their best to support the vulnerable road users and others won’t make an effort.
I think some forces have
I think some forces have pretty much said because of Covid, they don’t have the resoures to process “minor” crimes. I suspect the concept of no collision is ones where a drivers dashcam footage picks up an drivers infraction which is reported. The trouble when taking it on to cyclists is a collision is invariably life threatening.
The other thing here is as the Police Officer doxed the car owner to the reportee? Nothing I saw on the video made me think that PKC was the company it was from. Josh does say he emailed the company but was that on advice of the Police (as shown from their response) or did he also find it for himself.
I suspect the concept of no
I suspect the concept of no collision is ones where a drivers dashcam footage picks up an drivers infraction which is reported. The trouble when taking it on to cyclists is a collision is invariably life threatening
Good point. I hadn’t thought of how such a barmy policy, expressed in public, could have arisen when it’s bound to provide ammunition for cyclists. Maybe it is indeed a perverse distortion of the original intention to limit police involvement in motorist-to-motorist ‘he almost hit me’ disputes which can’t go anywhere because even when there is a collision the police (rightly) aren’t interested because no-one is hurt.
I got the company name and
I got the company name and number off the side of the vehicle but only just it was still a blur even when going frame by frame at 120fps on the go pro.
i think it would be helpful
i think it would be helpful for all policce forces to have an across the board consistent approach. Wiltshires seems out of line IMO.
No offense if there no collision seems wrong .
Absolutely. It seems like an
Absolutely. It seems like an easy win from my point of view as once they’ve got the portal set up (maybe just copy what other forces are using) they can easily employ/train someone to examine the footage and either send out warning letters or escalate to a NIP. It seems like a very quick and easy way for them to gather evidence at very low cost and as there’s a link between criminal activity and criminal driving, they might well net some big wins from it (e.g. Yorkshire Ripper caught from a traffic stop).
What would be really fun is if they were to crowd-source the evaluation of the videos – something like Road.cc’s NMOTD – and have volunteers flag up the dangerous ones for further investigation. Maybe even use it as a kind of community work – get caught speeding and you have to watch 30 hours of close passes.
TBH, It is stories like Max
TBH, It is stories like Max Coopey who have a lot more people believing stories on Police Corruption then someone stating here.
That was nasty!
That was nasty!
Incredibly close!! ;-(
Incredibly close!! ;-(
No effort at all to move over even a token amount.
As others have said – keep making the effort with the cops and employer.
Ignoring for a second the
Ignoring for a second the horrendous driving and terrible close pass, I thought driving while on the phone was a crime? Why wouldn’t the the police want to investigate a crime? Is that their response to all crimes sent to them with video evidence?
But to refuse to investigate any and all close passes seems to be a blanket approach to ignore dangerous and careless driving offences (which are also a crime no?). At the least this footage seems to be careless and/or driving without due care and attention. Glad at least to see the cyclist wasn’t struck – more luck than judgement I think.
And “Wiltshire Police road justice team” seems terribly misnamed given there doesn’t seem to be much justice provided if they ignore footage like that.
Christ that was close.
Christ that was close.
What an absolutely disgusting
What an absolutely disgusting state of affairs that the cops won’t even consider it
Ironic considering they’ve
Ironic considering they’ve been stopping motorists over the last few years: https://www.wiltshire.police.uk/article/4993/Drivers-stopped-in-Operation-Close-Pass
Quick search on google shows
Quick search on google shows the Chief Constable as being Kier Pritchard and his Twitter Account has a post of him having a coffee and a almond crossiant during his Saturday morning ride. Judging by the bike in the photo’s he’s quite a keen cyclist. I wonder if he knows what’s going on within his own force. Perhaps we should tell him? Post a link to this story for him perhaps?
Do this now!
Do this now!
Tweet has been sent. I will
Tweet has been sent. I will let you know if I get a response. Thanks
Jesus fucking Christ! Did
Jesus fucking Christ! Did that scumbag even realise the cyclist was there?!
No, but he got a bl00dy good
No, but he got a bl00dy good deal on renewing his mobile phone contract!
“Police have refused to
“Police have refused to accept the footage because the incident did not result in a collision.”
So, if I’m done for speeding or drink driving, but haven’t driven into anyone, can I look forward to similar leniency?
Come on Wiltshire Police, if a law has been broken then surely its an offence, no?
Looking forward to attempted
Looking forward to attempted murder being cried off because ‘no one died’
Utter shit show of a Police Force.
Also you don’t need to be
Also you don’t need to be struck for it to be assault.
That was a stock fob-off from
That was a stock fob-off from a junior officer. I think Josh should phone 101 again and ensure they are put through to someone more senior. Make sure they actually watch the footage.
Josh
Josh
Please persist with this, don’t give up, we’ll all be a bit safer if you can.
Such a terrifing dangerous
Such a terrifing dangerous overtake.
THE CULPRIT MUST BE PERSUED AND COPS SHOULD NOT BE DISMISSING THIS MURDEROUS CRIME.
Any cops failing to carry out there duties and take action against dangerous and maniac drivers, therefore failing to safeguard the public, should themselfs be reported for perverting the course of justice and aiding and abetting dangerous dangerous drivers/driving.
Certainly, wishful thinking but if only – there’ll be more taking to travelling on 2-wheels in the safe knowledge that it is no longer acceptable for cops to ignore or turn a blind eye to the most negligent, dangerous and harmful behind the wheel.
Respond from Wiltshire police
Respond from Wiltshire police Justice Traffic. A contact I had from my last near miss
RE your video you’ve attached, we are still unable to accept allegations of careless driving if no collision has taken place and while I agree that the vehicle was extremely close to you, a collision has not taken place and as such, we must remain consistent.
You’ve mentioned it appears the driver was on their mobile phone. This is a tricky offence to prosecute and it requires clear and unambiguous evidence that the driver was utilising the device for it’s communication function which we’d be unable to do.
My only suggestion is that you could consider contacting PKC Ltd directly whose address you can find using a simple Google search. It’s possible they will take some action, if only an informal apology.
I don’t understand the vast
I don’t understand the vast differences in forces.
The Essex police site has an options to tick for the offences you think are relevant. One of these is cycling close pass.
In the video, if you had been hit as required, I’m doubtful if you would ever be in a state to report it.
I have had successful outcomes from incidents similar but at a lower speed.
Thanks for updating us, Josh.
Thanks for updating us, Josh.
Ridiculous response from the police, IMO, and I agree with other people here that you ought to – if possible – escalate these matters so that someone with an ounce of common sense gets to look at it.
Josh-S wrote:
That is quite frankly ridiculous.
Perhaps a freedom of information request to ask what offences can be committed in Wiltshire at the moment without fear of prosecution?
A crime was committed, and no
A crime was committed, and no amount of denying it because no collision took place can change that. Escalate and demand to know who is the boss of the person who responded, and get in touch with them.
Spoke to the boss he asked
Spoke to the boss he asked for the footage to be sent across so he could see who it was. Have had no response. Later found out he is the only employee.
Josh-S wrote:
I did think it was odd the police were suggesting you take the quest for justice into your own hands, given a quick search on companies house shows this to be a one-man-band.
Yes he was all very polite on
Yes he was all very polite on the phone and told me he would look in to it and try and find out the driver. The. As soon as iv sent the footage he all goes quite.
Josh-S wrote:
That’s fair enough – I mean, they might have been holding it to the side of their head to keep their ear warm.
Phone records don’t exist,
Phone records don’t exist, right?
Josh, please don’t give up on
Josh, please don’t give up on this; we’ll all be safer if this utter cretin is off the roads. Not just an extremely dangerous close pass, using a phone. As others have said, go to the chief constable, and might I suggest, also the Police and Crime Commissioner and the local media, including press, radio and tv. And your MP for added pressure.
That driver has to lose his licence and if the company won’t take action by no longer employing him to drive, try the H&S executive too. Any company which allows its drivers to use their phone must be in breach of something.
The warning about swearing was redundant; my own drowned it out.
Might be worth contacting the
Might be worth contacting the council. This is a prime example of a ‘sun in the eyes’ type incident. The hedges are casting a big shadow, which likely obscured the cyclist. The driver was distracted and driving too fast given the low sun and poor visibility – I don’t think he saw Josh at all.
As there’s been another incident on this stretch, some improvements could be made to the highway, e.g. cutting back the hedging and a reduced speed limit, ideally some decent cycling infrastructure longer term.
Could I ask Josh if he was running a flashing rear light? I’m assuming he was as the rear video is from a Cycliq. I run a rear daybright light, thinking that it would help me be seen if I was caught in the shadows. But from this footage, it looks like it might not be the effective countermeasure I thought it was.
Hi yes I had rear flashing
Hi yes I had rear flashing light and a day glow reflective bag. It’s a long straig road going up a hill, I cycle and drive that road daily. If he had look forward and read the road ahead he should have easily seen me.
Well Josh, you know you are
Well Josh, you know you are completely in the right otherwise Socrati would have posted something about you twitching to the right a second before is what caused the close pass and the driver is totally blameless.
Shows the effect of mobile
Shows the effect of mobile phone use on the ability to take in externalities.
Josh-S wrote:
Thanks Josh. It’s worrying that with all these measures this sort of thing can still happen. Especially as this is a route you use regularly. I’ll certainly place less faith in the rear light after this.
I posted this elsewhere but
I posted this elsewhere but explains the problem faced.
https://www.bbc.co.uk/ideas/videos/can-you-really-multitask-finally-an-answer/p07jstyl
hirsute wrote:
Distraction definately played a part in this, but the low sun and excess speed contributed too.
I ride with a mirror, as due to an injury, I find looking over my shoulder difficult. This allows me (most of the time) to observe vehicles approaching prior to them overtaking. I look out for an indicator coming on / a change in speed or direction, to give me confidence they’re paying attention and have seen me. Whether I would have time to press the eject button into the verge is debateable, but I figure with more awareness of what’s coming up I at least have a bit of a chance.
The downside to this level of alertness is it turns what should be an enjoyable bike ride into a walk down sniper alley.
See I do glance back
See I do glance back regularly or when I know I’m coming close to something that will cause me to manouvre. However I take it that I probably will not be able to avoid anything hitting me from behind so don’t want to check on every car coming up and rely they have seen me and are giving me some room. So I doubt I would do mirrors for the reason you have said.
Quite frankly this is
Quite frankly this is shameful behaviour from Wiltshire Police, surely this is worthy of an official complaint, sent to the right authority they would have to respond.
In a perverse way, Wiltshire
In a perverse way, Wiltshire Police can be commended for honestly stating what we know is the truth: a close pass is not close enough for most (if not all) police forces, if the cyclist is not splattered all over the carriageway. When he is, he probably won’t be able to recall what happened and any camera is probably knackered, leaving the field clear for the driver to state that the cyclist leapt out in front of him and he didn’t stand a chance. Job done. It appears that most forces follow the example of Lancashire and file the report straight in the bin with a quick ‘no further action’. The 1.5m clearance publicity carries the implicit proviso: ‘unless you want to go closer’, and the Highway Code consultation is worthless junk.
Josh
Josh
Looks like there’s a new complaints policy starting in September you could use. Plus one of the attachments contains the chief constable’s email address 🙂
https://www.wiltshire-pcc.gov.uk/article/6491/Handle-Complaints
If someone came up to me on
If someone came up to me on the street and threatened me, I could call the police who would likely give them a warning.
if someone came up to me on the street and threatened me with a knife they’d be in serious trouble.
Yet someone threatens the life of a cyclist with a killing machine and the police so sod all. That’s pathetic.
I have had a response from my
I have had a response from my FOI request to Wiltshire Police.
They confirm that there is no policy to only prosecute close passes if there’s been a collision. Josh has been properly fobbed off.
As they have not followed their own policy and procedure in Josh’s case, I suggest he is within his rights to submit a complaint. I have done this previously and got a result. It is all online and doesn’t take long…
https://policeconduct.gov.uk/complaints-reviews-and-appeals/make-complaint