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CE81ZJ Close Pass CE 81 ZJ

Near Miss of the Day 80: Police act on NSW cyclist's footage

Our regular feature highlighting close passes caught on camera from around the country – today it’s Australia
by Simon_MacMichael
Wed, Jan 17, 2018 16:14
6

Today’s Near Miss of the Day features two videos submitted by road.cc reader John Hawkins, who lives in New South Wales.

The first (shown above) took place in 2016 on John’s birthday, shortly after the state began a trial of a safe passing distance law, set at 1 metre on roads with a speed limit of 60 kilometres an hour or less, and 1.5 metres on roads with a higher speed limit.

It’s not a birthday present any cyclist would welcome, although John, who submitted his video to the police, told us:  “I believe this is the first successful prosecution from private footage” in New South Wales.

“A few months later, another,” John continued.

“This time a deliberate scare where the driver high-beamed me first.

“Unfortunately it took a lot of persistence and follow-up to get over the line with just a few days to spare before the 6-month time limit expired.

“Sadly, that seems to become a common pattern for every submission I've made since.”

In his description of the video on YouTube, John said: “I've seen this guy before, and he did exactly the same thing.

“After almost four months of wrangling with police and following up, a traffic infringement was issued on 22 December 2016.

“The offender said ‘I thought I left enough room’.

“The traffic sergeant was of the view he deliberately tried to give me a fright.

Kudos to the traffic section at my local area command for doing the right thing when I escalated to them the mistakes of the initial investigation, and my apologies for my lack of trust.

“”I now feel safer travelling through this area on my evening commute.”

John has since written a blog post in which he outlines the law as it applies in New South Wales and shares tips on how to get police to act. It’s worth a read, wherever you live.

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 [at] 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.

Near Miss of the Day
NMotD Australia
Simon MacMichael

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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6 comments

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Pavery1 | 6 years ago
0 likes

Not saying that the drivers should have passed that close that quickly but he's not exactly keeping left. 

Avatar
jestriding replied to Pavery1 | 6 years ago
0 likes

Pavery1 wrote:

Not saying that the drivers should have passed that close that quickly but he's not exactly keeping left. 

 

Why is that relevant?  

Avatar
burtthebike | 6 years ago
6 likes

Well done for getting the result, and hopefully the driver has learned his lesson.

One lesson I learned last Sunday was to always have a camera. 

I went out at lunchtime for a short ride, and couldn't be bothered to swap the camera, result?  Knocked off at the secong roundabout by a driver who apologised profusely and repeatedly said the sun was in his eyes.  Ambulance attended to dress my wounds and very kindly took me and my bike home.  Police attended but only after the driver had left, so they interviewed him two days later, and now he claims that he looked and the road was clear and that I then joined the roundabout and rode into the side of his car.

Given that the approach to the roundabout is uphill, I'm 66 and for personal reasons I haven't been on a bike for eight months, and that I'd have had to be travelling in excess of 30mph, his version is impossible.  But the police aren't taking any action because his story is given just as much weight as mine, when mine fits the facts.

I'm now left trying to find the people who kindly scraped me up and carried my bike to the side of the road in case one of them heard the driver say that he was dazzled by the sun, which would prove that he lied to the police.

Fortunately, I'm with CUK, so at least I'm getting the best legal representation free.

Avatar
cbrndc replied to burtthebike | 6 years ago
1 like

burtthebike wrote:

Well done for getting the result, and hopefully the driver has learned his lesson.

One lesson I learned last Sunday was to always have a camera. 

I went out at lunchtime for a short ride, and couldn't be bothered to swap the camera, result?  Knocked off at the secong roundabout by a driver who apologised profusely and repeatedly said the sun was in his eyes.  Ambulance attended to dress my wounds and very kindly took me and my bike home.  Police attended but only after the driver had left, so they interviewed him two days later, and now he claims that he looked and the road was clear and that I then joined the roundabout and rode into the side of his car.

Given that the approach to the roundabout is uphill, I'm 66 and for personal reasons I haven't been on a bike for eight months, and that I'd have had to be travelling in excess of 30mph, his version is impossible.  But the police aren't taking any action because his story is given just as much weight as mine, when mine fits the facts.

I'm now left trying to find the people who kindly scraped me up and carried my bike to the side of the road in case one of them heard the driver say that he was dazzled by the sun, which would prove that he lied to the police.

Fortunately, I'm with CUK, so at least I'm getting the best legal representation free.

Almost two years ago I was on my way to ride some local off-road trails; I was established in the right hand lane in order to turn right at a T junction at the give way line, I has hit squarely from behind by a car travelling at 40mph whose driver was blinded by the sun.  He clearly lied at the scene several times ("I tried to avoid you" but the car was pointing straight in the lane and the wheels where straight - he clearly did not see me until I was on his bonnet).  The Police suggested to him that I may have pulled out in front of him!  Give him his due, the driver said he did not see anything but grasped the excuse and said that I may have done.  No charges for the driver; broken ribs and a written off carbon mountain bike for me.  The Police also suggesed that the driver pay for damage to the bike as he did not want it going through his insurance (why! Very suspicious)  I itemised the cost of the damage with documentary evidence at over £5000 which he paid in CASH (very suspicious).  I am still angry that Hampshire Police can fabricate excuses for drivers and can advise drivers on avoiding their insurance responsibilities.

Avatar
brooksby replied to burtthebike | 6 years ago
0 likes

burtthebike wrote:

Well done for getting the result, and hopefully the driver has learned his lesson.

One lesson I learned last Sunday was to always have a camera. 

I went out at lunchtime for a short ride, and couldn't be bothered to swap the camera, result?  Knocked off at the secong roundabout by a driver who apologised profusely and repeatedly said the sun was in his eyes.  Ambulance attended to dress my wounds and very kindly took me and my bike home.  Police attended but only after the driver had left, so they interviewed him two days later, and now he claims that he looked and the road was clear and that I then joined the roundabout and rode into the side of his car.

Given that the approach to the roundabout is uphill, I'm 66 and for personal reasons I haven't been on a bike for eight months, and that I'd have had to be travelling in excess of 30mph, his version is impossible.  But the police aren't taking any action because his story is given just as much weight as mine, when mine fits the facts.

I'm now left trying to find the people who kindly scraped me up and carried my bike to the side of the road in case one of them heard the driver say that he was dazzled by the sun, which would prove that he lied to the police.

Fortunately, I'm with CUK, so at least I'm getting the best legal representation free.

 

That story's made it into the Bristol Post today.  Hint: don't read the comments below the article!

I'm glad you're not too badly hurt, and I hope something good comes of it.

Avatar
burtthebike replied to brooksby | 6 years ago
1 like

brooksby wrote:

That story's made it into the Bristol Post today.  Hint: don't read the comments below the article!

I'm glad you're not too badly hurt, and I hope something good comes of it.

Thanks for the warning, I wish I'd heeded it!

Hopefully someone will come forward and corroborate that the driver stated at the scene that he was dazzled by the sun, and subsequently lied to the police.

http://www.bristolpost.co.uk/news/bristol-news/cyclists-desperate-appeal...

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