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Near Miss of the Day 533: Hay transporter lorry driver in very close pass

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

Here’s one of the worst close passes we’ve ever seen on our Near Miss of the Day feature, as the driver of an HGV towing two trailers laden with hay passes a cyclist with millimetres to spare – but police took no action.

It was filmed by road.cc reader Robert, who told us: “It was taken using a first Gen Garmin Virb Elite, the clip is now some years old but still relevant,” and that he believes “might also have been used in a training presentation by a Northern Fire Service,” as well as being shared online elsewhere.

“Having previously been knocked off by a car driver who then reported me to the police for dangerous cycling, I decided it was time I invested in a camera, so I had some evidence to produce to the police,” Robert said.

“In the incident with the car driver, I was interviewed under caution by North Wales Police who swallowed the car driver’s version of events hook line and sinker, I was served with an NIP {Notice of Intended Prosecution] within the requisite 14 days , I was interviewed under caution and told the facts would be reported, I had a very stressful and nervous few months waiting to be eventually told No Further Action.

“From that time, I will only go out with camera,” he continued.

“Not long after the incident with the car driver, I had this narrow escape with the hay transporter.

“Knowing how the system worked, I made a written witness statement using North Wales Police Statement paper, and within 24 hours went down to the local area police station, where I handed a sealed envelope containing the statement and DVD with footage to a uniformed Police Constable.

“He looked at the envelope and told me he would give it to the Inspector as he was in and on duty.

“The envelope was addressed to the Officer in Charge, Denbigh Police Station,” said Robert, who added that he recognised two officers present – one the station sergeant, the other an inspector – who were both in uniform, and saw him.

“Many weeks later another officer called at my home address and told me that unfortunately my evidence had not been viewed in time and was outside the 14 days of the NIP, therefore no further Police Action,” Robert continued. “Well, there’s a thing!”

“Not being too happy about the manner in which it had been dealt with I made a complaint. The explanation?  The envelope had remained sealed it had been sent from Denbigh Police Station to DHQ St Asaph, from there back to Denbigh for allocation and from there to Ruthin for allocation to an officer to deal with, that took longer than 14 days, so it was out of time. Really!”

> 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.

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44 comments

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zero_trooper | 3 years ago
0 likes

I appreciate that this is a few years old, but what was the actual resolution of the OP's complaint? He's been given an explanation why his complaint (re the hay wagon) was mishandled (basically, our admin procedure is crap), but no apology or some input how they are going to improve procedures? Did the constable pass on the envelope as promised and if so, why did the duty inspector not act on it?

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HeadDown | 3 years ago
1 like

That is horrendous. And actually makes me quite sad. If he had wobbled he might not be here now. He might have children. They might make a positive impact on the world, in the future. They would be torn apart, multiple lives changed forever. 
What do you all think about taking primary more or less the whole time. They've not then got room to threaten your life. Sure the Highway Code (expect anyone on HM's highways to know that?) says tuck in, but I'd argue that people will much less frequently drive through the back of you than try to squeeze through a nonexistent gap. Whadya'all reckon? 
Yours, depressed. 

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robike | 3 years ago
2 likes

I think some drivers of long vehicles forget that they are not in their compact hatchback.  Once out of their perifieral vision you have been overtaken, so they move back to their normal road position, forgetting there's another 14.7m (48ft) still to pass.  There's a local firm of cowboy coach drivers that have squeezed me into the kerb a few times.  On one occassion I noticed the driver looking over through the passenger door - I guess once I was out of view he felt he had overtaken.

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Oldfatgit | 3 years ago
2 likes

Horrific, totally horrific.

That must have been terrifying.

Typical incompetence by the Police as well.

 

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Seagull2 | 3 years ago
3 likes

Appalling. Utterly appalling. That driver should not be allowed on the road. Period. 

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fwhite181 | 3 years ago
3 likes

Jesus wept. I flinched in my comfy desk-chair. I'd have properly crapped it on the bike. Utterly useless response from the police. 

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Eynsham | 3 years ago
1 like

Christ on a bike.  That is appalling driving.  Especially as it is so easy to relax after a lorry has gone past, and go under the trailer.   

 

And it is appalling policing too.  

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JLasTSR | 3 years ago
1 like

I was terrified by a lorry pass a long time ago. He like this guy gave me sod all room and the slip steam was buffeting me. I am pretty sure this one is worse. I think you will remember this one for a long long time.

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NZ Vegan Rider | 3 years ago
2 likes

One of the main reasons why I have a helmet mirror and a Fly6!

 

Agreed - shocking behaviour from the driver and the Police. 

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Awavey replied to NZ Vegan Rider | 3 years ago
1 like

how does the helmet mirror help in that situation ? other than to give you a terrifying premonition of whats about to near damn kill you, you cant alter your line to disuade a vehicle like that coming through, its already overtaking with oncoming traffic knowing its got to rob you of the tiny amount of space theyve given you to avoid not colliding with the cars, and theres no gap in the hedge or gutter you can escape to, thats youve got to hold on to the handlebars,hope and pray to any deity you believe in kind of pass.

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HoarseMann replied to Awavey | 3 years ago
2 likes

I ride with a mirror. If I see something as dangerous as that coming up behind I will look for an opportunity to pull over safely and let it pass, or move right into the middle of the lane (and then some) to make it totally clear there is no room to pass. Even turning round to look at the driver, so they know I've seen them.

Most of the time it's very effective as I see vehicles from a long way off, so have time to do this (although occasionally I'll miss a fast approaching vehicle and it's a pain having to regularly glance down). I've got my eye on a garmin varia radar, but can't justify the cost at the moment.

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formerLondon | 3 years ago
7 likes

More proof that UK Police are F&*£ING useless.

That driver should have been prosecuted.

I'm raging watching this.

As usual the police don't want to know.

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grumpyoldcyclist | 3 years ago
2 likes

Have to say I used to submit footage that way too, but that was years ago and things have moved on a bit. The system piloted by north Wales police, operation Snap, has been adopted across Wales.

That said the overtake was truly apalling but I'm amazed there was actually a number plate visiblem not usually the case.

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wtjs replied to grumpyoldcyclist | 3 years ago
3 likes

 that was years ago and things have moved on a bit

Not in Lancashire, they haven't! LC refuses to join these schemes for downloading big video files, and simply claims they are 'looking into it'. This 'looking' has been going on for years, and the reason for that is that they most definitely don't want to be bothered with any of this indisputable evidence stuff.

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Oldfatgit replied to wtjs | 3 years ago
3 likes

Police Scotland can only take video by e-mail or physical media.

in the past, after I've reported it through 101, I've had to submit a poor, low quality video, highlighting the problem. You have to call 101 first and get a reference number, and have the reference in the subject line or it gets ignored.

If you're unlucky enough that it needs a better look, a couple of officers will come around, watch it in high quality - and ask you to e-mail it at the HQ settings.

You explain that you can't, as the e-mail size limit is to small, so you offer to Dropbox / OneDrive / G-Drive or even WeTransfer ... only to be told they can't accept them like that as they're not allowed access to these sites.

You can't put them on YouTube because it risks comprising any trial...

Eventually, an officer had to make a 30-odd round trip to my house - in lockdown - with a memory stick ...

And then you hear nothing ...

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wtjs replied to Oldfatgit | 3 years ago
2 likes

Police Scotland can only take video by e-mail or physical media.

Yes, that's standard police dodging tactics all right! For anyone who wishes to see more police tricks, see my post below with the APC van photo (it's not about that offence here), then now read on....

The complaint to the police was intended to be about the decision to ignore a red light crashing incident, but the police refused to tell me who made the decision. I complained to the PCC about Lancashire Constabulary obstructing a complaint, the PCC referred the matter back to the police who replied today suggesting I could use the LC website to make a complaint about a specific officer! The online form requires you to give the name of the officer. Even LC is not genuinely that thick- obstruction, obstruction, obstruction at every step...the story continues

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Velo-drone | 3 years ago
4 likes

Why does this 14 day limit even exist? It doesn't apply to other crimes, does it?

Isn't it time it was abolished- or at least extended??

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wtjs replied to Velo-drone | 3 years ago
5 likes

Why does this 14 day limit even exist? It doesn't apply to other crimes, does it?

Isn't it time it was abolished- or at least extended??

Because the police don't want it to be abolished! This is simply a handy dodge for them, like the other ones: we must have 2, 3, 5... minutes video before and after the incident etc. They just make those up. They know they are protected from complaints by other dodges: only a week ago Lancashire Constabulary refused to tell me who was responsible for the decision to take no action over a gross and fully documented red light passing offence and stated I would have to make a FoI request to find out. This is obvious obstruction of a justifiable complaint, so I wrote (as some naive person on here has previously suggested over another case) to the laughable Lancashire Police and Crime Commissioner. They have written back today saying they had referred the matter back to Lancashire Police and 'Goodbye'. It has gone to the even more laughable LC Professional Standards Department- this is the body responsible for the decision that a police officer was right to insist upon a confirmatory video from the offending vehicle in this case (sorry, I know you have all seen this before!) which was not, of course, available. What a surprise!

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Spiregrain replied to wtjs | 3 years ago
0 likes

If you have alreay asked in writing that is already caught by FOIA so this is more bulls**t.

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eburtthebike replied to Velo-drone | 3 years ago
3 likes

Velo-drone wrote:

Why does this 14 day limit even exist? It doesn't apply to other crimes, does it? Isn't it time it was abolished- or at least extended??

That's a very good point; what other crime is expunged after 14 days?  robbery, assault, murder?  No?  So why is assault with a motor vehicle different?  A crime is a crime is a crime, and there appears to be no good reason why car crime isn't a crime after 14 days.

Just had a thought; does this apply to crimes committed on a bicycle?

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Tom_77 replied to Velo-drone | 3 years ago
1 like

Velo-drone wrote:

Why does this 14 day limit even exist? It doesn't apply to other crimes, does it? Isn't it time it was abolished- or at least extended??

For low level crime (Magistrate's Court) there's a limit of 6 months, for more serious crime there's no explicit time limit.

I think there does need to be a time limit for an NIP, and it needs to be fairly short. If you're the registered keeper of a vehicle you have to say who was driving it at the time of the offence. You probably have a pretty good recollection of where you've been and what you've done over the last 2 weeks. I doubt you could recall where you were and what you were doing on a particular date 3 months ago.

Sending an NIP isn't difficult. The problem is with the police (lack of resources or lack of giving a shit) not the law.

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yupiteru | 3 years ago
3 likes

It is an accepted fact in Wales that the Police will never touch a farmer, its all a Freemason thing.

  This is not a conspiracy theory just a fact I know from living in Wales. 

This is why they turn a blind eye to all the hunting foxes with dogs that takes place even though its illegal.

Even my father in law is a freemason and he is just is a pest controller for many of the farms and they all scratch each others backs.

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Muddy Ford | 3 years ago
7 likes

That's not police incompetence, that is misconduct. This should be escalated. That they wasted no time in persuing you for dangerous cycling but deliberately ignored this report clearly showing dangerous driving with possible intent to injure shows that the police in this area detest cyclists as much as the Clarksonites. If you had been killed, because of the previous warning you were given it would have probably not even been investigated for foul play by the driver and presumed you were dangerous cycling. 

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eburtthebike | 3 years ago
10 likes

So when the complaint is made by a driver against a cyclist, they leap into action and follow the rules and everything gets done pronto, but when a cyclist makes a complaint about a driver, nothing gets done and some extraordinarily pathetic excuses are made; that's a very special kind of incompetence.  Definitely time for an official complaint.

Even more frightening is that if the trailer had hit the cyclist, the driver wouldn't even have noticed and would probably never have been traced or charged.

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Bungle_52 | 3 years ago
3 likes

I may be wrong but I think the police can still send a letter to the driver informing him/her that the standard of driving is not acceptable, even after 14 days. A poor substitute but at least the driver will know his driving was not good enough. I'm convinced that some drivers think this sort of driving is perfectly acceptable. Did the police do this?

Absolutely attrocious goes without saying and I'm glad you are OK. Thank you for trying to get the police to do something on behalf of us all.

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nniff | 3 years ago
10 likes

That needs a formal complaint about the mismanagement of a case in which there was ample evidence.  Shameful.

Their Chief Constable says this,  "My desire is to make North Wales the safest place in the U.K. and this vision plays an integral part in achieving this aim."

You are, of course, a long way from fulfiling your desire, CC Foulkes

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Dicklexic | 3 years ago
11 likes

That is proper scary! Absolutely nowhere to go for the rider, and just centimetres from being knocked into either the trailer or the hedge, with either outcome meaning almost certain death or serious injury. Truly dangerous driving by the lorry driver.

This incident is also another example that shows how the system in place for dealing with such things is completely unfit for purpose.

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Velo-drone | 3 years ago
2 likes

Incompetency of the highest order from the police on this one, can only hope that if they had not let it expire before looking they would have done the right thing. Absolutely atrocious driving and appalling that it was let go with no consequence.

Presumably this is from the bad old days before they could accept emailed/uploaded evidence.

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HoldTheWheel | 3 years ago
4 likes

Lucky the cyclist didn't relax and move out after the first trailer. I've had a double DHL lorry pass fairly close once, nowhere near as close as this but it was still very uncomfortable waiting for it to finally pass.

I'd be complaining to the IOPC. There are numerous people within the police that are complicit in this driver getting off scot-free when he shouldn't ever be getting behind the wheel of a vehicle ever again. The cyclist was very close to becoming another statistic.

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HoarseMann | 3 years ago
7 likes

That's as bad as it gets - then comes the trailer.

Shocking that the police took no action. It was reading cases like this, where they'd not even looked at the footage, that prompted me to chase my submission up after 7 days. I think if I hadn't done that, there's a chance it could have been overlooked too.

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