Legal Question please!

Not sure about the wobbling thing being specifically mentioned but Sinclair v Joyner provides clearly that motorists are required to take into account the extra vulnerability of cyclists and adapt their behaviour accordingly.

OK, I've had a look and as best I can see, there is no law dealing with this point specifically. That didn't surprise me: the law tends to be that each case turns on its own particular facts and it is rare to get a case saying that "x behaviour is careless driving", except in very clear cases. This kind of thing tends to be left to the court that hears the evidence.

It is in the Highway Code:
Rule 163: give vulnerable road users [including cyclists] at least as much space as you would give a car

Rule 213: cyclists may suddenly need to avoid uneven roads surface etc, so give them plenty of room and pay particular attention to any sudden change of direction they might make.

Beach of the Highway Code is not in itself proof of careless careless driving but it's a good start.

I've just found this post. Let me check what it is you're after, then I can look it up next week.

You think there's a legal precedent to say that cyclists wobble. In what context? Is this to say that cyclists wobble and therefore drivers need to give them more room? Or that cyclists wobble anyway so cars passing too close aren't necessarily responsible for the cyclist wobbling? Or something else?

I am sorry to hear about what happened to you, sadly I am not sure if you will get anywhere. I have a friend who is something of a legal expert, so will ask him to see if he is aware of an precendents in the past.

Find out where the car is parked, then spray paint "Highway Code Rule 163" on the side!

Without more detail it's difficult to help, are you looking for a prosecution of careless driving? If so, what did they do, pass too close and cause you to fall off? If so, you have a case. If it's just that they passed too close, then I can't see anything happening. 

Btw if it did go to court, all the details of the incident are read out in court,so anyone in the public gallery can hear.the only time putting information on a forum like this affects the proceeis if someone read it who was dealing with the case I.e. Magistrate, district judge, judge or jury and then they would simply excuse them self from the case

many matters are dealt with by way or courses these days so the driver doesn't get points on their license. My view is that doesn't encourage good driving because not people's view is well I won't get any points, just go on a course 

How about you post on youtube, put the link on here so everbody can have a better appreciation of the situation?

What we need is for someone to get a test case brough not on the higher charge of dangerous driving, but to establish whattype of driving would meet the standard for a prosecution for driving without due consideration.

Martin Porter's case is much quoted, but he set himself a very high hurdle to clear going for dangerous driving; one suspects a private prosecution for driving without due consideration might succeed.

You need to at least get run over to have any chance of success and even then there are no guarantees. Unless you enjoy the stress, post it up on YouTube and put it behind you.

I know I'll get flammed for putting up with reckless and dangerous behaviour from other road users. We should not have to tolerate it and it's frustrating when people who do bad things to others get away with it. However I have seen people become consumed with their own need for justice to the point where they make themselves ill. 

What are you complaining about? The decision not to prosecute or the way your case was handled?

If the former, I do not fancy your chances. Your experience would need to be spectacularly bad. Giving a cyclist wobble room is in the same category as wear a helmet and hiviz; advisable but not compulsory.

If the latter then probably you should register a complaint at the IPCC website.

Which "offence"? I'm not a lawyer but I think one of the problems here is that the Highway code gives guidance on various things (such as how much space should be given when overtaking a  cyclist, rule 212 ) but it is not a specific law in every case (which has MUST in the text somewhere if I recall correctly) except within the general bounds of "driving without due care and attention" ie if you were on a driving test and you did that, you would fail.  So if the police see evidence of someone doing that they should do something about it, shouldn't they? Why video evidence isnt good enough I don't know.

Otherwise, I suspect that it is only if there is typically damage or an accident and then an investigation would breaking a rule of the highway code then be looked at as evidence of fault.

I may be wrong on the above, please someone correct me if I am wrong. 

I have no evidence of any police action being taken on any reports I have made about driving without due care and attention. I too, suffer close passes nearly every day and constantly wonder how to stop some drivers increasing my risk of death or serious injury...

Cycling is supposed to be good for your health but sometimes I suspect that it just causes stress.  

I suggest that you complain and see what the response is. The more we do this, the more publicity there is and the more likely some improvment will come. Please don't just give up.  

Better off now pitting up on YouTube. Quoting the officer who decided on no action. You would be surprised how a little publicity can work. If you could get the insurance of the vehicle you could cause their premium to rise being a enhanced risk on the road.

I wouldn't get your hopes up Mr Grumps.  The famous and highly esteemed cycling barrister Martin Porter recently took out a private prosecution for exactly this offence and presented the court with both video and expert witness evidence.  Needless to say the jury, being peers of the accused, found him not guilty.

If he can't win it, you probably won't.