Support road.cc

Like this site? Help us to make it better.

Near Miss of the Day 463: Close pass by driver on phone (includes swearing)

Our regular series featuring close passes from around the country - today it's Wiltshire...

Today’s video in our Near Miss of the Day series shows a motorist who was on his phone making a very close pass, at speed, on a cyclist in Wiltshire – but police have refused to accept the footage because the incident did not result in a collision.

The rider, Josh, said  that “Wiltshire Police have refused to take the footage as there was not a collision and they are not taking near miss footage,” and that he had sent it to us after being encouraged to do so by road.cc readers when he shared it to social media.

“I have emailed the footage to the Wiltshire Police road justice team and to the driver’s company  and had no response from either,” Josh said, adding that “You can clearly see the drive on his phone at the time.”

Wiltshire near miss

He added that in a previous incident on the same road, a motorist had driven his vehicle at him and knocked him off his back, with that case going through court at the moment.

 

> 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

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.

Add new comment

55 comments

Avatar
HoarseMann | 3 years ago
4 likes

I have had a response from my FOI request to Wiltshire Police.

They confirm that there is no policy to only prosecute close passes if there's been a collision. Josh has been properly fobbed off.

As they have not followed their own policy and procedure in Josh's case, I suggest he is within his rights to submit a complaint. I have done this previously and got a result. It is all online and doesn't take long...

https://policeconduct.gov.uk/complaints-reviews-and-appeals/make-complaint

Avatar
Supers79 | 3 years ago
10 likes

If someone came up to me on the street and threatened me, I could call the police who would likely give them a warning.  
 

if someone came up to me on the street and threatened me with a knife they'd be in serious trouble.  
 

Yet someone threatens the life of a cyclist with a killing machine and the police so sod all.  That's pathetic.  

Avatar
roadrunner23 | 3 years ago
7 likes

Josh

Looks like there's a new complaints policy starting in September you could use. Plus one of the attachments contains the chief constable's email address  1

https://www.wiltshire-pcc.gov.uk/article/6491/Handle-Complaints

Avatar
wtjs | 3 years ago
8 likes

In a perverse way, Wiltshire Police can be commended for honestly stating what we know is the truth: a close pass is not close enough for most (if not all) police forces, if the cyclist is not splattered all over the carriageway. When he is, he probably won't be able to recall what happened and any camera is probably knackered, leaving the field clear for the driver to state that the cyclist leapt out in front of him and he didn't stand a chance. Job done. It appears that most forces follow the example of Lancashire and file the report straight in the bin with a quick 'no further action'. The 1.5m clearance publicity carries the implicit proviso: 'unless you want to go closer', and the Highway Code consultation is worthless junk.

Avatar
OnTheRopes | 3 years ago
8 likes

Quite frankly this is shameful behaviour from Wiltshire Police, surely this is worthy of an official complaint, sent to the right authority they would have to respond.

Avatar
HoarseMann | 3 years ago
3 likes

Might be worth contacting the council. This is a prime example of a 'sun in the eyes' type incident. The hedges are casting a big shadow, which likely obscured the cyclist. The driver was distracted and driving too fast given the low sun and poor visibility - I don't think he saw Josh at all.

As there's been another incident on this stretch, some improvements could be made to the highway, e.g. cutting back the hedging and a reduced speed limit, ideally some decent cycling infrastructure longer term.

Could I ask Josh if he was running a flashing rear light? I'm assuming he was as the rear video is from a Cycliq. I run a rear daybright light, thinking that it would help me be seen if I was caught in the shadows. But from this footage, it looks like it might not be the effective countermeasure I thought it was.

Avatar
Josh-S replied to HoarseMann | 3 years ago
4 likes

Hi yes I had rear flashing light and a day glow reflective bag. It's a long straig road going up a hill, I cycle and drive that road daily. If he had look forward and read the road ahead he should have easily seen me.

Avatar
AlsoSomniloquism replied to Josh-S | 3 years ago
6 likes

Well Josh, you know you are completely in the right otherwise Socrati would have posted something about you twitching to the right a second before is what caused the close pass and the driver is totally blameless. 

Avatar
Hirsute replied to Josh-S | 3 years ago
3 likes

Shows the effect of mobile phone use on the ability to take in externalities.

Avatar
HoarseMann replied to Josh-S | 3 years ago
2 likes

Josh-S wrote:

Hi yes I had rear flashing light and a day glow reflective bag. It's a long straig road going up a hill, I cycle and drive that road daily. If he had look forward and read the road ahead he should have easily seen me.

Thanks Josh. It's worrying that with all these measures this sort of thing can still happen. Especially as this is a route you use regularly. I'll certainly place less faith in the rear light after this.

Avatar
Hirsute replied to HoarseMann | 3 years ago
3 likes

I posted this elsewhere but explains the problem faced.
https://www.bbc.co.uk/ideas/videos/can-you-really-multitask-finally-an-a...

Avatar
HoarseMann replied to Hirsute | 3 years ago
0 likes

hirsute wrote:

I posted this elsewhere but explains the problem faced. https://www.bbc.co.uk/ideas/videos/can-you-really-multitask-finally-an-a...

Distraction definately played a part in this, but the low sun and excess speed contributed too.

I ride with a mirror, as due to an injury, I find looking over my shoulder difficult. This allows me (most of the time) to observe vehicles approaching prior to them overtaking. I look out for an indicator coming on / a change in speed or direction, to give me confidence they're paying attention and have seen me. Whether I would have time to press the eject button into the verge is debateable, but I figure with more awareness of what's coming up I at least have a bit of a chance.

The downside to this level of alertness is it turns what should be an enjoyable bike ride into a walk down sniper alley.

Avatar
AlsoSomniloquism replied to HoarseMann | 3 years ago
2 likes

See I do glance back regularly or when I know I'm coming close to something that will cause me to manouvre. However I take it that I probably will not be able to avoid anything hitting me from behind so don't want to check on every car coming up and rely they have seen me and are giving me some room. So I doubt I would do mirrors for the reason you have said.

Avatar
Josh-S | 3 years ago
7 likes

Respond from Wiltshire police Justice Traffic. A contact I had from my last near miss

RE your video you’ve attached, we are still unable to accept allegations of careless driving if no collision has taken place and while I agree that the vehicle was extremely close to you, a collision has not taken place and as such, we must remain consistent.

You’ve mentioned it appears the driver was on their mobile phone. This is a tricky offence to prosecute and it requires clear and unambiguous evidence that the driver was utilising the device for it’s communication function which we’d be unable to do.

My only suggestion is that you could consider contacting PKC Ltd directly whose address you can find using a simple Google search. It’s possible they will take some action, if only an informal apology.

Avatar
Hirsute replied to Josh-S | 3 years ago
9 likes

I don't understand the vast differences in forces.
The Essex police site has an options to tick for the offences you think are relevant. One of these is cycling close pass.
In the video, if you had been hit as required, I'm doubtful if you would ever be in a state to report it.
I have had successful outcomes from incidents similar but at a lower speed.

Avatar
brooksby replied to Josh-S | 3 years ago
7 likes

Thanks for updating us, Josh.

Quote:

we are still unable to accept allegations of careless driving if no collision has taken place and while I agree that the vehicle was extremely close to you, a collision has not taken place and as such, we must remain consistent.

Ridiculous response from the police, IMO, and I agree with other people here that you ought to - if possible - escalate these matters so that someone with an ounce of common sense gets to look at it.

Avatar
HoarseMann replied to Josh-S | 3 years ago
5 likes

Josh-S wrote:

we are still unable to accept allegations of careless driving if no collision has taken place

That is quite frankly ridiculous.

Perhaps a freedom of information request to ask what offences can be committed in Wiltshire at the moment without fear of prosecution?

Avatar
eburtthebike replied to Josh-S | 3 years ago
3 likes

A crime was committed, and no amount of denying it because no collision took place can change that.  Escalate and demand to know who is the boss of the person who responded, and get in touch with them.

Avatar
Josh-S replied to eburtthebike | 3 years ago
1 like

Spoke to the boss he asked for the footage to be sent across so he could see who it was. Have had no response. Later found out he is the only employee.

Avatar
HoarseMann replied to Josh-S | 3 years ago
2 likes

Josh-S wrote:

Spoke to the boss he asked for the footage to be sent across so he could see who it was. Have had no response. Later found out he is the only employee.

I did think it was odd the police were suggesting you take the quest for justice into your own hands, given a quick search on companies house shows this to be a one-man-band.

Avatar
Josh-S replied to HoarseMann | 3 years ago
2 likes

Yes he was all very polite on the phone and told me he would look in to it and try and find out the driver. The. As soon as iv sent the footage he all goes quite.

Avatar
mdavidford replied to Josh-S | 3 years ago
4 likes

Josh-S wrote:

"You’ve mentioned it appears the driver was on their mobile phone. This is a tricky offence to prosecute and it requires clear and unambiguous evidence that the driver was utilising the device for it’s communication function which we’d be unable to do."

That's fair enough - I mean, they might have been holding it to the side of their head to keep their ear warm.

cool

Avatar
ktache replied to mdavidford | 3 years ago
1 like

Phone records don't exist, right?

Avatar
Projectcyclingf... | 3 years ago
4 likes

Such a terrifing dangerous overtake.
THE CULPRIT MUST BE PERSUED AND COPS SHOULD NOT BE DISMISSING THIS MURDEROUS CRIME.
Any cops failing to carry out there duties and take action against dangerous and maniac drivers, therefore failing to safeguard the public, should themselfs be reported for perverting the course of justice and aiding and abetting dangerous dangerous drivers/driving.
Certainly, wishful thinking but if only - there'll be more taking to travelling on 2-wheels in the safe knowledge that it is no longer acceptable for cops to ignore or turn a blind eye to the most negligent, dangerous and harmful behind the wheel.

Avatar
grumpyoldcyclist | 3 years ago
8 likes

Josh

Please persist with this, don't give up, we'll all be a bit safer if you can.

Avatar
HoarseMann | 3 years ago
8 likes

That was a stock fob-off from a junior officer. I think Josh should phone 101 again and ensure they are put through to someone more senior. Make sure they actually watch the footage.

Avatar
eburtthebike | 3 years ago
10 likes

Josh, please don't give up on this; we'll all be safer if this utter cretin is off the roads.  Not just an extremely dangerous close pass, using a phone.  As others have said, go to the chief constable, and might I suggest, also the Police and Crime Commissioner and the local media, including press, radio and tv.  And your MP for added pressure.

That driver has to lose his licence and if the company won't take action by no longer employing him to drive, try the H&S executive too.  Any company which allows its drivers to use their phone must be in breach of something.

The warning about swearing was redundant; my own drowned it out.

Avatar
PRSboy | 3 years ago
14 likes

"Police have refused to accept the footage because the incident did not result in a collision."

So, if I'm done for speeding or drink driving, but haven't driven into anyone, can I look forward to similar leniency?

Come on Wiltshire Police, if a law has been broken then surely its an offence, no?

Avatar
STiG911 replied to PRSboy | 3 years ago
5 likes

Looking forward to attempted murder being cried off because 'no one died' 

Utter shit show of a Police Force.

Avatar
Hirsute replied to STiG911 | 3 years ago
6 likes

Also you don't need to be struck for it to be assault.

Pages

Latest Comments