Near Miss of the Day 157: Very close pass - but police only warn driver

Our regular feature highlighting close passes caught on camera from around the country – today it’s Berkshire

How close can a close pass be yet not result in prosecution of the driver involved? Well, if it happened in the Thames Valley Police area, the answer is just close enough to not actually hit the cyclist, it seems.

That's the impression from the latest submission to our Near Miss of the Day feature, shot by reader Cycloactive in Ball Hill, Newbury, on 5 April this year, which merely resulted in the motorist being issued with a warning.

Cycloactive has been providing camera evidence of close passes and other incidents for several years now and is well versed in the procedures, as you'll discover below.

He told us: "The  driver endangered the cyclist behind by passing far too closely before accelerating to pass the group of cyclists in front and causing the oncoming driver to have to brake.

"The video evidence shows driving which conforms to the CPS guidelines for dangerous driving, well below the standard of a careful and competent driver."

Here's an extract from the CPS guidelines:

The following examples of circumstances that are likely to be characterised as dangerous driving are derived from decided cases and the SGC Definitive Guideline:

Failing to have a proper and safe regard for vulnerable road users such as cyclists

Overtaking which could not have been carried out safely.

Cycloactive continued: "The driver was reported to Thames Valley Police who responded on 22 June as follows:" 

The driver was identified by NOIP and interviewed under caution. The driver of the blue Nissan had no recollection of the incident.

The Process Officer reviewed the report, statements and video footage and concluded that there was insufficient evidence to prosecute the driver. The driver was formally warned.

He added: "Contrary to CPS Guidelines and the law, Thames Valley Police never prosecute a driving offence on independent cycle camera video evidence if a collision has not occurred."

> Near Miss of the Day turns 100 - Why do we do the feature and what have we learnt from it?

Over the years 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] or send us a message via the 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.

> What to do if you capture a near miss or close pass (or worse) on camera while cycling

Simon has been news editor at since 2009, reporting on 10 editions and counting of pro cycling’s biggest races such as the Tour de France, stories on issues including infrastructure and campaigning, and interviewing some of the biggest names in cycling. A law and languages graduate, published translator and former retail analyst, his background has proved invaluable in reporting on issues as diverse as cycling-related court cases, anti-doping investigations, and the bike industry. He splits his time between London and Cambridge, and loves taking his miniature schnauzer Elodie on adventures in the basket of her Elephant Bike.

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