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2 Very Close Passes No Prosecution From S Y Police

Near Miss of the Day 291: Two very close passes - but drivers escape with warnings

Our regular series featuring near misses from around the country - today it's South Yorkshire...
by Simon_MacMichael
Mon, Jul 29, 2019 14:48
11

The latest video in our Near Miss of the Day series shows a cyclist being subjected to very close passes by two motorists - but when he notified police, the drivers received warnings rather than the incidents being referred for prosecution.

The cyclist who filmed the close passes, road.cc reader Ian, reported them to police back when they happened in February. One of the overtakes, by the driver of a red Mini, was particularly close.

He told us: "After chasing Police for a result I got one a few days ago in a phone call from Doncaster Police, which is the audio track to the video."

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

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.

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

> What to do next if you’ve been involved in a road traffic collision

Near Miss of the Day
NMotD South Yorkshire
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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11 comments

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zero_trooper | 4 years ago
1 like

This sounds like a complete load of bollocks!

They are going to prosecute the driver (or owner) of one of the cars for having no MOT. To do this they are going to have to prove that the vehicle was on a public road. Their only evidence is the video Ian submitted, but he was complaining about two close passes. I presume that once these videos are submitted, there is some legal small print that the police can use the video as they see fit.

I can’t find out on the SYP website how you submit Close Pass footage to them, but basically Ian would appear to have made an official complaint of the close passes and been given a very unofficial result to his complaint. The red mini has been ‘knocked off’ for no MOT. What does that mean and will we ever find the body?

He should demand that the result of his complaint(s) be made in writing and then take it from there to establish if either driver was ever actually spoken to or warned. If the driver/owner of the red mini has been prosecuted for no MOT, then Ian is the de facto complainant and he should have received a letter with the result of the case.

 

Rant over.

 

Avatar
carlosdsanchez | 4 years ago
0 likes

There does seem to be a lot of inconsistency when it comes to the action different police forces will take. This one got a notice of intended prosecution, I've had similarly close that resulted in no further action or just a warning letter.

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dassie replied to carlosdsanchez | 4 years ago
0 likes

carlosdsanchez wrote:

There does seem to be a lot of inconsistency when it comes to the action different police forces will take. This one got a notice of intended prosecution, I've had similarly close that resulted in no further action or just a warning letter.

Apparently WMP require an independent witness to take a close-pass report any further, but I guess some polices forces do not.

https://www.west-midlands.police.uk/your-options/close-pass-cycling

Avatar
hawkinspeter replied to dassie | 4 years ago
1 like

dassie wrote:

carlosdsanchez wrote:

There does seem to be a lot of inconsistency when it comes to the action different police forces will take. This one got a notice of intended prosecution, I've had similarly close that resulted in no further action or just a warning letter.

Apparently WMP require an independent witness to take a close-pass report any further, but I guess some polices forces do not.

https://www.west-midlands.police.uk/your-options/close-pass-cycling

That states "Have independent witnesses or evidence of the alleged offence" so if you have camera footage that should do the trick.

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dassie replied to hawkinspeter | 4 years ago
0 likes

hawkinspeter wrote:

That states "Have independent witnesses or evidence of the alleged offence" so if you have camera footage that should do the trick.

Ah, yes.

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zero_trooper replied to carlosdsanchez | 4 years ago
0 likes

carlosdsanchez wrote:

There does seem to be a lot of inconsistency when it comes to the action different police forces will take. This one got a notice of intended prosecution, I've had similarly close that resulted in no further action or just a warning letter.

 

A Notice of Intended Prosecution (NIP) is just a legal requirement before any further police action (under certain offences in the Road Traffic Act).It is not in itself a 'result'.

In fact it is 'less' than a warning letter in that it just means that the police are considering taking action/investigating. That 'action' could be a decision to take 'no further action'.

Are you aware of the outcome of the case you highlighted? You should have been informed in writing, as should the motorist involved.

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burtthebike | 4 years ago
3 likes

As Ian says, the MoT infringement is the lesser of the two crimes.   Such crass driving deserves a little more than a sternly worded email, which will be ignored.  The police didn't claim that the vid was not legal for some obscure reason, or that it was inaccurate, it's just that they weren't going to take any serious action about it.  Presumably they just don't care as it's only a cyclist.

Couple of inches either way and that would have been hospital or the cemetery, just not close enough for the police to take action.  If I was Ian, I might be considering a complaint.

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dassie | 4 years ago
2 likes

Poor pinch point pass.  There is a solution though.  I always look back in advance, and take the lane, indicating if needed to reinforce the point.  Always the odd idiot who will overtake on the other side of the road through the pinch point.

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burtthebike replied to dassie | 4 years ago
4 likes

dassie wrote:

Poor pinch point pass.  There is a solution though.  I always look back in advance, and take the lane, indicating if needed to reinforce the point.  Always the odd idiot who will overtake on the other side of the road through the pinch point.

You're right, but that does not excuse the crass incompetence of the driver.  It shouldn't be up to vulnerable road users to take defensive action at each and every possible conflict point, it should be up to the people with the power to inflict death and injury to take care.  With power comes responsibility, but our society seems to have removed that responsibility from drivers.

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dassie replied to burtthebike | 4 years ago
0 likes

burtthebike wrote:

dassie wrote:

Poor pinch point pass.  There is a solution though.  I always look back in advance, and take the lane, indicating if needed to reinforce the point.  Always the odd idiot who will overtake on the other side of the road through the pinch point.

You're right, but that does not excuse the crass incompetence of the driver.  It shouldn't be up to vulnerable road users to take defensive action at each and every possible conflict point, it should be up to the people with the power to inflict death and injury to take care.  With power comes responsibility, but our society seems to have removed that responsibility from drivers.

 

Agreed of course, no excuses.  Cyclist confidence in feeling able to assert road space varies too, not least with age, and experience. 'Defensive cycling', shouldn't have to be necessary but with the incidences of poor driving, & displays of anti-cyclist attitute, together with the increase of vehicle numbers, I will continue to refine cycling technique & boss my cycling space; while being reasonable about it and with the HWyC in mind.

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CXR94Di2 replied to dassie | 4 years ago
0 likes
dassie wrote:

Poor pinch point pass.  There is a solution though.  I always look back in advance, and take the lane, indicating if needed to reinforce the point.  Always the odd idiot who will overtake on the other side of the road through the pinch point.

Ive gone one step further, I always ride central to stop casual, lazy thinking drivers from passing where they should not

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