Police have said that there was not enough evidence to prosecute the driver of a hire car who was captured on video accelerating into the back of a cyclist in Nottingham. The victim said he sustained a severe back injury and internal haemorrhaging in the shocking hit-and-run incident, but Nottinghamshire Police said they could not prove who was driving.
The car was a hire vehicle that had been sub-leased through a number of different companies. The BBC reports that a 54-year-old man who was eligible to drive it received six penalty points and a £150 fine for failing to provide driver details.
Failing to provide driver details is an offence contrary to Section 172(3) of the Road Traffic Act 1988. The penalty is a fine of up to £1000 and the endorsement of 6 penalty points (with the possibility of disqualification).
Sam Jones, CTC Campaign Coordinator, said the case was being looked at by the organisation’s Cyclists’ Defence Fund, which works to raise awareness of the law relating to cycling and offers help with legal cases.
“We’re now aware of the Police’s reporting of their investigation, and will follow up accordingly. CTC’s Cyclist Defence Fund has been in touch with Reginald Scot and we are now looking into how we can help him find justice for this awful incident.
“Considering the seriousness of the injury and how blatant the offence, this is very weak from the court not to have imposed the maximum penalty on the unnamed Nottingham man who failed to provide the driver’s details.”
Interestingly, despite only one person being charged, police said that two people had been traced who were eligible to drive the car. Both were issued with a formal request to provide the driver's details, but did not respond.
The two possible drivers were subsequently interviewed and summonsed to court for failing to stop at the scene of an accident, failing to report an accident and failing to respond to a legal request for driver details.
After reviewing the evidence, the Crown Prosecution Service concluded that there was not enough evidence to prove who was driving when the collision took place. The prosecutions for failing to stop and failing to report were consequently dropped.