Near Miss of the Day 463: Close pass by driver on phone (includes swearing)

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

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.  

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

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.

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.

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.

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.

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.

Josh

Please persist with this, don't give up, we'll all be a bit safer if you can.

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, 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.

"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?