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Near Miss of the Day 544: Close-pass driver hardly deviates from line

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

Often the most startling close pass footage comes from rear-facing cameras – and that’s what we have on our Near Miss of the Day feature today, with the footage showing a motorist hardly deviating from their line as they overtake a cyclist.

Smigster, who sent us the clip, said: “Cycling home from work in Coventry I experienced this close pass.

“It was only when reviewing the footage that evening that I realised how late the car changes direction to avoid me.

“Car untaxed at the time and now also without an MOT. I reported to Warwickshire Police but didn't hear the outcome.”

> 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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31 comments

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vthejk | 3 years ago
2 likes

That's shocking to most but then again, as a Coventry resident who regularly rides upto Nuneaton on the B4113, very little surprises me anymore. Close passes like this one (though perhaps not at this much speed) at least once a journey.

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PRSboy | 3 years ago
3 likes

 bloody hell that really was a close pass.

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Jenova20 | 3 years ago
3 likes

That's a disgusting pass.

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Muddy Ford | 3 years ago
10 likes

Cycling UK, British Cycling, and online mags such as this one could do more for cyclists if they pushed for a change in the law that required every police force to provide a response to reported incidents. It should be made easier for the police to submit a prosecution than to reject the evidence. The defendant would have to take the challenge of proving it wasn't an offence. Stop the warning letters, they do nothing. In this case, the driver has committed an offence just on the tax/insurance let alone the obvious close pass. If the law was changed such that the driver had to submit their own defence to a court process to have a fixed penalty and points cancelled, it is highly likely that in most cases they won't unless the evidence is so obvious as to have been a safe, considerate overtake. Drivers will drive safer if they know that there is a painful process to remove penalties.

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FrankH replied to Muddy Ford | 3 years ago
2 likes

Muddy Ford wrote:

<snip>

The defendant would have to take the challenge of proving it wasn't an offence.

<snip>

No defendent in any court case has to prove his innocence, the prosecution has to prove his guilt. Why do you think this offence should be different.

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Muddy Ford replied to FrankH | 3 years ago
2 likes

Because the video evidence is the proof of guilt. Just like a speeding or parking ticket, it is down to the recipient of the penalty to contest the offence. If they don't do it within a set period the points and penalty remain in place.

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HLaB replied to FrankH | 3 years ago
4 likes
FrankH wrote:

Muddy Ford wrote:

<snip>

The defendant would have to take the challenge of proving it wasn't an offence.

<snip>

No defendent in any court case has to prove his innocence, the prosecution has to prove his guilt. Why do you think this offence should be different.

Most other countries in Europe have it, 'Presumed Liability' in the case of traffic collisions. It's a substantial reason why cycling levels are higher per head of population in those countries.

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EK Spinner replied to HLaB | 3 years ago
5 likes

"Presumed Liability" is not "presumed guilt", rather it relates to financial liability for insurance and civil claims. It does not feature in relation to criminal charges (including driving offences)

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giff77 replied to EK Spinner | 3 years ago
0 likes

EK Spinner wrote:

"Presumed Liability" is not "presumed guilt", rather it relates to financial liability for insurance and civil claims. It does not feature in relation to criminal charges (including driving offences)

The irony about presumed or even strict liability is that insurance companies already practice it in regards to certain types of collision between motorists. In particular shunts. This seems to be a foregone conclusion and acceptance  that the rearmost driver is at fault. 

They seem to have a great dislike on the onus being placed on their having to prove their client was 'innocent' when it come to shunting or t-boning a cyclist and will come up with all kinds of excuses in order to not payout compensation to the cyclist and to drag their heels which makes the whole process lengthy, challenging and demoralising. An insurance claim is usually sorted pretty quickly between two motorists yet when a pedestrian or cyclist is involved it becomes very lengthy. 

I've  tried explaining to folk that presumed liability is civil rather than criminal law and it makes the compensation process simpler but they struggle to understand and keep ranting about being made out to be guilty and it is part of the war against motorists! 

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Rich_cb replied to giff77 | 3 years ago
0 likes

Why on earth would people get annoyed about being found liable for a collision and financially penalised to cover the damages despite being entirely innocent?

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Captain Badger replied to Rich_cb | 3 years ago
4 likes

Rich_cb wrote:

Why on earth would people get annoyed about being found liable for a collision and financially penalised to cover the damages despite being entirely innocent?

It's liability. Under civil law it's balance of probability. And on balance of probability it is the motorist that's at fault.

Get yourself a dashcam and you're covered - that and a black box can even reduce your insurance premiums AND make you a safer driver.

Of course, the obverse to your worry is that under the current system vulnerable road-users have to pick up the tab in both physical and financial terms for careless drivers. 

If you can't take the responsibility that goes with driving, don't drive - it's probably best for all concerned.....

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Bungle_52 | 3 years ago
4 likes

Did you get an incident number when you reported it? If you did, as the incident was more than 6 weeks ago, may be you contact the police and ask them to confirm that no action has been taken. If the answer is yes or you don't get an answer at all after several attempts then it's PCC, then MP and may be the press I would say.

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wtjs replied to Bungle_52 | 3 years ago
0 likes

 If the answer is yes or you don't get an answer at all after several attempts then it's PCC, then MP and may be the press I would say

I don't think the press is any use- number of 'never cycle motorists' >> number of cyclists. We just think there are a lot of cyclists because we are a self-selecting population on here! This is indeed what you have to do, and I'm doing it at the moment. I have chosen the indisputable red light crashing case because no 'interpretation' is involved. It still takes months to prove that nothing has been done, even though you know it, because the police system is set up to cover up, and wear you down. Then you have to start the complaint, which can also take months. I got a head start because Lancashire foolishly refused to tell me who made the 'NFA' decision, which instantly gave me the ability to go to the PCC. Naturally, they sent it straight back to LC but that cut out the initial months of inaction. The outcome of a complaint to the police about the police is never in doubt, and neither is the one to the PCC. However, each step demonstrates how bent it all is!

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wtjs | 3 years ago
8 likes

There's pretty much nothing the police are interested in. Not red light crashing, illegal double white line crossing, handheld mobile use while driving, illegal number plates and now: no tax/ insurance /MOT. Close passing without proper blood on the road just has them in fits of mirth. I can't be the only person who despises the police.

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grOg replied to wtjs | 3 years ago
0 likes

It's down to laziness and work avoidance with most police.. if they deal properly with a complaint about driving, it involves investigation and paperwork, likely leading to court time - much easier to fob off the complainant.

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zero_trooper | 3 years ago
8 likes

Absolutely appalling and that's just the police response! Smigster please chase this up and find out what happened to your complaint. The system must be broken if you are not getting a response to this.

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grumpyoldcyclist | 3 years ago
10 likes

Terrifying approach speed, appallingly close pass, no tax or MoT. Let's hope the police do their job.

Keep at them

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Velophaart_95 replied to grumpyoldcyclist | 3 years ago
4 likes

One would guess they're probably not the most law abiding citizen.....what else do they get up to?

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Awavey replied to grumpyoldcyclist | 3 years ago
4 likes

dont the police try and pass the tax/mot onto the DVLA or something, unless theyve stopped the car, had a few Ive tried reporting the past year and the police werent remotely interested in them.

and bear in mind ANPR cameras are flagging these up everytime these vehicles pass them, and yet still on the road.

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Hirsute replied to Awavey | 3 years ago
4 likes

DVLA tell you to contact the police if no mot.
I contacted the police.
"We can't do anything unless an officer sees the vehicle in use".
Well, it's been sitting in the same spot for 5 months, so all you have to do is drop by.

If it is untaxed, the local council will remove it eventually.

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Awavey replied to Hirsute | 3 years ago
3 likes

Usual pass the parcel among departments  1 I thought one of the purposes of online VED was fines were just automatic,if you dont pay the fine they come to crush your car and yet here we are where it seems unless the police stop you on the road,even though there are systems daily flagging these vehicles are in use,and even video footage of it happening, nothing happens or gets done about it.

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giff77 | 3 years ago
16 likes

Please chase this one up and keep escalating it until something happens. That was horrific to say the least and totally unwarranted. Most likely on a mobile as well. Whoever it is needs the book chucked at them. 

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sensei replied to giff77 | 3 years ago
12 likes

giff77 wrote:

Please chase this one up and keep escalating it until something happens. That was horrific to say the least and totally unwarranted. Most likely on a mobile as well. Whoever it is needs the book chucked at them. 

 

I have to second that. Do not let this one go because it is a shamefully bad close pass. Had you slightly drifted towards the centre (I.e. to miss a pothole) this would have been a fatality. There is no clearer example of driving that justifies an instant ban with criminal charges than this. This is literally one where even if you have to shame the police into action, it will be worth it.

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ymm replied to sensei | 3 years ago
11 likes

Shocking incident, frightening speeds and so obviously dangerous driving. Keep pestering the police. In the past I have asked to speak to road traffic team directly, as they have been more effective. Could be worth a try? Agree with others that this is unarguably unsafe behaviour around other road users.

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NZ Vegan Rider replied to ymm | 3 years ago
2 likes

Frightening!! ;-(

As above. 

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grOg replied to giff77 | 3 years ago
0 likes

If the driver had been using a phone, the cyclist would have been bounced into the scenery.. this driver saw the cyclist and passed within a hairs breadth; actually a competent driver but broke the law with the scary close pass.

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mdavidford replied to grOg | 3 years ago
0 likes

A competent driver wouldn't make a close pass. Part of the competency of driving is knowing how to moderate your behaviour appropriately around other road users.

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bikeman01 | 3 years ago
2 likes

No time to investigate, got a bbq to get to.

https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-52964180

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Captain Badger replied to bikeman01 | 3 years ago
9 likes
bikeman01 wrote:

No time to investigate, got a bbq to get to.

https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-52964180

"Five Warwickshire officers who tested positive for coronavirus are the subject of an internal investigation over the allegations."

Nasty! Thought they only needed a nasal swab....

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Projectcyclingf... replied to bikeman01 | 3 years ago
1 like

Not unexpected when all we are given to 'police' (despite the billions in tax we pay) are COWBOY CORRUPT COPS👎

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