Near Miss of the Day 770: "Unbelievable" driving instructor overtakes learner towards oncoming cyclist

with no tax

Pfff! Untaxed vehicles are 10-a-penny in Lancashire, and so are No MOT vehicles. I have just reported 3 to Lancashire Constabulary who will file the reports immediately in the bin and do nothing. This is PN61 NVL

I was supposed to be in court next Monday as a witness to careless driving but sadly Birmingham Magistrates Court has been closed due to fire safety issues. At least WMP actually do something with our reports unlike your lot.

At least WMP actually do something with our reports unlike your lot

I'm pleased to hear it. Lancashire COPs (Comic Opera Police) won't do anything about this Berlingo KM12 UTL. To be fair to NFS NewBuild, they don't actually state anything about vehicle safety and compliance with the law on their Our Service page and it had one of those tedious MOTs only 18 months ago

A far simpler method of enforcement would be to attend registered address and break windows upto the amount of road levy due...... With a few more for good measure!

Are you going to answer this one in the youtube comments (hope so !!)

"Dear cyclist on this video, why didn’t you stop? It was blatantly clear it was a dangerous overtake onto your side of the road and yet you carried on. Why? "

Didn't see that one, I'll have to have a look! I realise now that my irresponsible non-stopping is the most important feature of the video…

Ashley didn't comment on your audible braking, so the response is that you reduced your speed to cater for the danger, what did this maligned knight of the road do?

Agreed, I hope you are suitably ashamed of your entitled attitude and the fact that you unreasonably expect to go from A to B without a visit to A&E!

There's a hashtag in there:

#AtoBnotA&E

There is another gem of a post which basically says Ashley shouldn't be dobbing on this decent working class person for the entertainment of middle class keyboard warriors. (That's a translation from the original Rantlish).

So basically, the working class should be allowed to drive like lunatics to let them get through the day (and presumably why should they have tax, insurance and MOT - them's for toffs).

and presumably why should they have tax, insurance and MOT? - them's for toffs

No! Toffs dont have to bother with MOTs either, not in Lancashire anyway. No valid MOT since 28.2.22 for PL67 FFN

So sorry that I can only like this once.

It is difficult to see on the video but my observation at the time was that he began pulling out before the zebra, was alongside as they went over the crossing, and then started pulling back in just as he exited the far zigzags. It would make sense for it to be against the law to overtake anywhere within the zigzag zone although like you I do not know whether that is actually the case - but as I say, from what I saw he started his overtake before the crossing when the other learner car was "the moving vehicle nearest the crossing" which "MUST NOT" be overtaken (HC 191).

My understanding was the zig zag lines indicate where the overtaking restriction applies, so that instructor was caught bang to rights imo. Plus it's a raised crossing traffic calming set up, again dont believe you are allowed to overtake on those.

Awavey wrote:

My understanding was the zig zag lines indicate where the overtaking restriction applies, so that instructor was caught bang to rights imo. Plus it's a raised crossing traffic calming set up, again dont believe you are allowed to overtake on those.

That's what I would imagine but I can't actually find anything in the highway code about it, it only refers to overtaking before the crossing. Maybe they thought a stunt like this was so stupid it should go without saying you shouldn't do it!

You're not allowed to park within the zigzags, but I don't think they have any special relevance as regards overtaking. The overtaking rules are about whether the other vehicle is nearest the crossing, or is stopped to allow people to cross. Though, to be honest, you'd be hard pushed to overtake someone in the zigzag area if it wasn't in one of those situations anyway.

[edit] I stand corrected - the zigzags mark the limit of the parking and overtaking restrictions.

https://www.legislation.gov.uk/uksi/2002/3113/regulation/28/made

I think will help with what is a crossing but have only skimmed it (section 15)

https://assets.publishing.service.gov.uk/government/uploads/system/uploa...

Hi Rendel. Went deeper than the HC and into the actual HA. You are prohibited from overtaking a motor vehicle within the controlled area of a zebra crossing. https://www.legislation.gov.uk/uksi/1997/2400/regulation/24/made
 

The controlled area is between the zig zags while the zebra part is the limits of the crossing. You cannot stop on the actual limits but you can stop within the controlled area to allow someone to cross or if traffic is sufficiently heavy that you have no choice. 

Also while it is a Do Not the instructor has forced you to brake (rule 167) so deserving of a rap across the knuckles at the very least from plod. 

I would send the details to both the DVSA and the police.

The police should take a much harder line in relation to the offences committed by the driving instructor, because it is their profession.  If this was an individual commiting a breach of the law and it related directly to their profession they would generally be held to a much higher standard than Joe public.

A typical example would be an accountant/tax adviser who prepares an incorrect tax return for themselves would in general be subjected to the upper range of penalties in relation to any offence because they wouldn't be able to argue that the mistake they made was careless because they advise people on that same thing.

As I said below, the only reason I did not submit it to the police is because I know from experience they will not accept a complaint except from a person directly affected by the bad driving, in this instance that would be the learner driver. I have contacted RED driving school to show them the footage and indicated I would be happy to act as a witness if their instructor or pupil wishes to report it.

Railton Road is very definitely a nicer option, unfortunately as we are usually coming from East Dulwich/Peckham and heading towards Clapham Railton would take us quite a long way north of the shortest route. It's certainly not a nice road to ride along, you're right, especially with people pulling out of the sideroads with very little care, always glad when that section's over.

Weird they don't take that example in murders isn't it. Only the murderee can ask for footage of CCTV  as anyone else is not a victim of said murderer. 

AlsoSomniloquism wrote:

Weird they don't take that example in murders isn't it. Only the murderee can ask for footage of CCTV  as anyone else is not a victim of said murderer. 

Indeed – the same goes for the supposed prohibition on sharing videos on social media "in order to avoid prejudicing any trial." Very often when a major crime has been committed the police will share video evidence on national media when appealing for witnesses, but apparently a cyclist with a couple of hundred followers on Twitter sharing a video could have a decisive influence on whichever magistrate ends up presiding over the case.

 I know from experience they will not accept a complaint except from a person directly affected by the bad driving

This is just one of the almost innumerable excuses for doing nothing dreamed up by Bad Cops across the country (with honourable exceptions). When they refuse to do anything about ML12 EJU (clue, it's not the absence of VED, which Lancashire Constabulary also refuses 'to get involved with') they're not likely to bother about the offence in this topic

As others has said, It is up to you, but I still think you have a strong case to report. You were directly affected as you had to swerve and brake to avoid the car. The Met might well act on this (especially taking into account his speed and overtake on a Zebra).