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Near Miss of the Day 558: Van driver makes punishment pass on cyclist

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

The latest video in our Near Miss of the Day series shows the driver of a van making a punishment pass on a cyclist in West Sussex, leaning on the horn as he overtook so closely that the rider was able to bang on the side of the vehicle.

Describing the incident, road.cc reader James said: “I was riding along the A259 from Shoreham-by-Sea towards Hove.

The driver of a Citroën van decided to attempt pass at pinch point, when that appeared to not be on he sounded his horn and came within inches of hitting me.

“Of course, he followed that up with a punishment pass close enough that I was able to bang on the side of his van (no, my arms are not long enough to reach across the recommended 1.5-metre passing clearance).”

James has reported the video to Sussex Police’s Operation Crackdown, adding, “We will see if they come back with any action.”

> 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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23 comments

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jmcc500 | 2 years ago
0 likes

Update: I complained to the Police and Crime Commissioner, who passed the complaint back to the Operation Crackdown team. They have finally reviewed the footage (after initially reviewing a different submission by mistake) and have emailed me the following:

"Thank you for providing us with crackdown reference number and apologise for the confusion [the incorrect review of a different submission].

After viewing the footage, My judgment would have been to consider this for prosecution. Therefore I apologise that matter was dealt in way of a formal letter.

Unfortunately due to the timescale we are now unable to prosecute. I have spoken to the Operation Crackdown team and the member of the staff who reviewed the matter has been spoken to regarding this report and warned over future conduct.

I understand the frustration but hopefully this email has explained the situation."

So the initial decision was wrong and the driver could/should have been prosecuted BUT because it took too long to get the decision reviewed they are now outside the 2 week window to issue a NIP.

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pmb1 | 3 years ago
0 likes

I was getting ready to post that Sussex police will do nothing more than send a letter if at all...

Operation crackdown is a joke. I would bet they have never prosecuted anyone from videos provided by cyclists.

I've had far worse than this and they have never done anything more than a letter. Which is shocking because this is truly terrible.

I had a guy drive the whole length of church road, in a flat bed, screaming abuse at me and weaving into me multiple times, forcing me to avoid a collision at least 3 times... A letter is all he got.

I had a guy deliberately crash into me, in the cycle lane on the upper drive... Nothing.

You're better off finding out his insurance details to report a collision.

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jmcc500 replied to pmb1 | 2 years ago
0 likes

I complained to the Sussex Crime Commissioner's (SSC) office. They promised that the safer roads partnership (SRP) would contact me, nothing from them but I note that the response has been upgraded from 'noted on database' to 'advisory letter sent to driver'. I have responded to SCC office asking for SRP to contact me with an explanation as to why a driver recorded breaking more than one law (or rule) is not being prosecuted. Will see if I get a response. At least the a**ehole got a nice letter...

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iandusud | 3 years ago
3 likes

I'm not sure it was a punishment pass, maybe just a "get out of my way" pass. i.e. van driver has no intention of slowing down and waiting until the cyclists have passed the pinch point and considers that the cyclist on the outside should move over a bit so that he can "safely" overtake. He's a thug and should have the book thrown at him IMO.

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jmcc500 | 3 years ago
3 likes

So checked progress on Sussex Police's 'Operation Crackdown' and am underwhelmed:

'The details of this report have been retained on the Operation Crackdown database for intelligence. This means that if additional reports are received this case will be further reviewed.'

So no action. Apparently, according to the disclaimer on the website, "The Operation Crackdown team process every report with the most appropriate outcome, and the decision made is final."

So presumably that's that?

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jmcc500 replied to jmcc500 | 3 years ago
4 likes

Have written to the Sussex Police and Crime Commissioner asking for an explanation. Worth a shot maybe.

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hawkinspeter replied to jmcc500 | 3 years ago
4 likes

Definitely raise a complaint if they don't take any action. That driver needs to know that they can't continue to bully other road users - even just a warning letter would get the message across (whether it make any difference is down to them).

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antigee | 3 years ago
2 likes

Words are important and can change attitudes...so my vote is "punishment pass...AKA coward's pass" truly that is what it is

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The _Kaner | 3 years ago
3 likes

A handful of Ninja rocks would do wonders...

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STiG911 | 3 years ago
13 likes

Just look at all the empty space AFTER the traffic island - couldnt wait four whole seconds.

Wanker.

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zero_trooper | 3 years ago
2 likes

Keep us updated James! I'd love to hear Sussex Police's the driver's excuse.

Terrible manoeuvre  2

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Jem PT | 3 years ago
7 likes

Yes, I suspect the horn and close pass were 'punishment' of the cyclists for riding 2-abreast. The stupid thing is that the road is plenty wide enough for a safe pass, if only the van driver could wait beyond the traffic island. 

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brooksby replied to Jem PT | 3 years ago
3 likes

Jem PT wrote:

Yes, I suspect the horn and close pass were 'punishment' of the cyclists for riding 2-abreast. The stupid thing is that the road is plenty wide enough for a safe pass, if only the van driver could wait beyond the traffic island

"wait beyond the traffic island"??!!  Are you mad?  He clearly had Very Important Things to do and couldn't possibly be expected to wait a few seconds.  He (probably) pays road tax, you know...

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EK Spinner | 3 years ago
8 likes

Terrifying, to watch, especially if you watch the shadows frame by frame, you can see how the driver seems to closes the gap as he passes (this may be due to the angle of the sun)

What is it with these idiots who think it is thier responsibility to police the roads and force cyclist in to "thier place" (Obviously the rider is in the correct place) or that they should drive as if the rider were in that "correct place". Your responsibility first and foremost (and only) is to drive safely. 

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hawkinspeter | 3 years ago
4 likes

I hope the cyclist doesn't get penalised for hitting the van. It can be tempting (I've certainly wanted to do that a few times) but it risks escalating the situation as drivers can get very precious over their vehicles.

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jmcc500 replied to hawkinspeter | 3 years ago
3 likes

I would like them to try to penalise me for that! Did think it might not have been the best idea immediately afterwards... was just so peeved at being hooted (hadn’t realised how close he came to touching until I looked at the footage) that when he was within arms length alongside me I couldn’t resist. 

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hawkinspeter replied to jmcc500 | 3 years ago
2 likes

Totally understand - anger's a natural response to being threatened like that. I've heard of cyclists getting a warning for using bad language in submitted footage, so I hope they don't try to pull something similar with you. At least with having a camera you can defer the need to react and let the police do it for you. I hope Sussex police come through with the right decision and teach that driver a lesson about not bullying cyclists on the road - it's just so unnecessary (and unpleasant).

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Truffl3Shuffl3 replied to hawkinspeter | 3 years ago
2 likes

I was once in a similar situation. Didn't hit the van threatening me but I did swear like a lunatic. When I submitted the video to Avon and Somerset police I told them in advance and they had no issue with that. The driver received a notice of prosecution (though the force didn't follow up with what exactly that was).

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chineseJohn | 3 years ago
16 likes

Cyclist positioned himself correctly in "primary" still didn't deter the idoit who overtook.

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alexls | 3 years ago
12 likes

The OP should have been in that position at a pinch point to deter dangerous overtaking irrespective of whether he was himself overtaking another vehicle (or riding alongside).  This driver is sorely in need of re-education.

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Secret_squirrel replied to alexls | 3 years ago
0 likes

Not sure about the first point of your comment.  The OP was in primary for the whole length of the video.  Rather than saying *should* and sounding judgmental (at least to my ears) you might want to consider .. if it was me...  

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alexls replied to Secret_squirrel | 3 years ago
7 likes

Secret_squirrel wrote:

Not sure about the first point of your comment.  The OP was in primary for the whole length of the video.  Rather than saying *should* and sounding judgmental (at least to my ears) you might want to consider .. if it was me...  

The point being that the driver was either annoyed that the cyclist was in the correct position, or that he was overtaking (or perceived to be 2 abreast).  Either way, it is deserving of a police response.

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GMBasix replied to alexls | 3 years ago
2 likes

alexls wrote:

Secret_squirrel wrote:

Not sure about the first point of your comment.  The OP was in primary for the whole length of the video.  Rather than saying *should* and sounding judgmental (at least to my ears) you might want to consider .. if it was me...  

The point being that the driver was either annoyed that the cyclist was in the correct position, or that he was overtaking (or perceived to be 2 abreast).  Either way, it is deserving of a police response.

I initially read it similarly to Secret Squirrel, but I think you were saying that he was exactly where he was entitled and advised to be.

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