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Near Miss of the Day 116: Close pass driver won't face prosecution - because cyclist was too experienced

Our regular feature highlighting close passes caught on camera from around the country – today it’s Northamptonshire

The police response to the footage shown in our latest Near Miss of the Day video suggests that for the force in question, the standard of driving is not what counts in deciding whether to prosecute a motorist for a close pass on a cyclist – but rather, the standard of riding by the person on the receiving end.

That’s the logical conclusion after road.cc reader Dave told us of the reply he received from Northamptonshire Police after he submitted them his video of a driver overtaking him just before a left-hand bend in the road and immediately cutting in front of him.

From Dave’s rear-facing camera, it appears that the driver has given him plenty of room, crossing into the opposite side of the road as they begin the overtaking procedure, pretty much textbook according to the illustration shown alongside Rule 163 of the Highway Code.

The front-facing camera on his bike, showing the completion of the manoeuvre, tells a very different story, however.

He told us: “Police said they won't prosecute as I didn't need to change direction, but if I was a less experienced cyclist and had thrown myself to the ground they would have considered a prosecution.”

Which is a curious position to take, given that the offences relating to careless or dangerous driving refer to the behaviour of the driver, and not any other road user involved – careless driving, for example, as defined by the Road Traffic Act 1988, is satisfied where the standard of driving “falls below what would be expected of a competent and careful driver.”

> 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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34 comments

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hawkinspeter | 6 years ago
2 likes

My life fades. The vision dims. All that remains are memories. I remember a time of chaos... ruined dreams... this wasted land. But most of all, I remember The Road Warrior. The man we called "Max." To understand who he was, you have to go back to another time... when the world was powered by the black fuel... and the desert sprouted great cities of pipe and steel. Gone now... swept away. For reasons long forgotten, two mighty warrior tribes went to war, and touched off a blaze which engulfed them all. Without fuel they were nothing. They'd built a house of straw. The thundering machines sputtered and stopped. Their leaders talked and talked and talked. But nothing could stem the avalanche. Their world crumbled. The cities exploded. A whirlwind of looting, a firestorm of fear. Men began to feed on men. On the roads it was a white line nightmare. Only those mobile enough to scavenge, brutal enough to pillage would survive. The gangs took over the highways, ready to wage war for a tank of juice. And in this maelstrom of decay, ordinary men were battered and smashed... men like Max... the warrior Max. In the roar of an engine, he lost everything... and became a shell of a man... a burnt-out, desolate man, a man haunted by the demons of his past, a man who wandered out into the wasteland. And it was here, in this blighted place, that he learned to live again.

 

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WilliamNB | 6 years ago
1 like

As I keep saying, there is a very effective strategy to combat such poor attitudes from police. If everyone dismissed like this follow this strategy, police will rapidly learn it's in their own best interests to take reports like these seriously.
The strategy is detaild here: http://willcycle.blogspot.co.uk/2017/12/when-police-fail-you.html

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Judge dreadful | 6 years ago
1 like

‘Ninja rocks’ are interesting aren’t they?

 

https://en.m.wikipedia.org/wiki/Ninja_rocks

 

https://m.youtube.com/watch?v=QhlmKHbPFhU

 

 

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Grahamd replied to Judge dreadful | 6 years ago
2 likes

Judge dreadful wrote:

‘Ninja rocks’ are interesting aren’t they?

 

https://en.m.wikipedia.org/wiki/Ninja_rocks

 

https://m.youtube.com/watch?v=QhlmKHbPFhU

 

 

And so green, saves wasting a product that has no other apparent recycling properties.

 

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zero_trooper | 6 years ago
3 likes

What is the police logic that the rider/victim was 'experienced'?

Have they traced the driver/offender involved? If the driver was deemed to be 'inexperienced', then maybe a 'driver awareness course' would do them some good. The overtake was an elementary piece of bad driving (cutting in on a left hand bend). If the driver is deemed 'experienced' then a fine and points on their licence?

 

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grumpyoldcyclist | 6 years ago
2 likes

Very strange.

Today I had the virtual identical conversation with the police in Cheshire. Helpful officer who placed the ball firmly in the court of the CPS and saying that it was they that ruled against the police taking matters further. It seems that Cheshire CPS seem to think that driving without due car and attention must in some way cause 'inconvenience' the cyclist ie cause them to brake and swerve to avoid collision or a similar scenario. Drivers repeatedly scaring the shit out of you with close passes at speed is simply not enough.

It does appear that several police forces are 'on-side' with the idea of safe cycling etc, but it seems that the CPS and general resouce issues are not allowing them to use the powers that exist.

Chris Boardman, can you direct some of your considerable fire power toward the CPS please?

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Legs_Eleven_Wor... replied to grumpyoldcyclist | 6 years ago
0 likes

grumpyoldcyclist wrote:

Very strange.

Today I had the virtual identical conversation with the police in Cheshire. Helpful officer who placed the ball firmly in the court of the CPS and saying that it was they that ruled against the police taking matters further. It seems that Cheshire CPS seem to think that driving without due car and attention must in some way cause 'inconvenience' the cyclist ie cause them to brake and swerve to avoid collision or a similar scenario. Drivers repeatedly scaring the shit out of you with close passes at speed is simply not enough.

https://www.legislation.gov.uk/ukpga/1988/52/section/3ZA

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zero_trooper replied to Legs_Eleven_Worcester | 6 years ago
1 like

Legs_Eleven_Worcester wrote:

grumpyoldcyclist wrote:

Very strange.

Today I had the virtual identical conversation with the police in Cheshire. Helpful officer who placed the ball firmly in the court of the CPS and saying that it was they that ruled against the police taking matters further. It seems that Cheshire CPS seem to think that driving without due car and attention must in some way cause 'inconvenience' the cyclist ie cause them to brake and swerve to avoid collision or a similar scenario. Drivers repeatedly scaring the shit out of you with close passes at speed is simply not enough.

https://www.legislation.gov.uk/ukpga/1988/52/section/3ZA

O.K., I've read the link. Section 3 of the Road Traffic Act covers two seperate offences.

'Driving without due care and attention' is when the way he drives falls below what would be expected of a competent and careful driver.

'Inconsiderate driving' is when a person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving. In other words someone has to be inconvenienced by their driving.

 

It seems to me that Northants Police and Cheshire CPS are getting the offences mixed up and are looking for some form of inconvenience caused. Not that the driving was below competent and careful, not that he almost knocked me off my bike, but that some inconvenience was caused. Maybe it's from some national prosecutions policy, which is being taken too narrow mindedly by some forces/CPS departments.

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ConcordeCX replied to zero_trooper | 6 years ago
1 like

zero_trooper wrote:

Legs_Eleven_Worcester wrote:

grumpyoldcyclist wrote:

Very strange.

Today I had the virtual identical conversation with the police in Cheshire. Helpful officer who placed the ball firmly in the court of the CPS and saying that it was they that ruled against the police taking matters further. It seems that Cheshire CPS seem to think that driving without due car and attention must in some way cause 'inconvenience' the cyclist ie cause them to brake and swerve to avoid collision or a similar scenario. Drivers repeatedly scaring the shit out of you with close passes at speed is simply not enough.

https://www.legislation.gov.uk/ukpga/1988/52/section/3ZA

O.K., I've read the link. Section 3 of the Road Traffic Act covers two seperate offences.

'Driving without due care and attention' is when the way he drives falls below what would be expected of a competent and careful driver.

'Inconsiderate driving' is when a person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving. In other words someone has to be inconvenienced by their driving.

 

It seems to me that Northants Police and Cheshire CPS are getting the offences mixed up and are looking for some form of inconvenience caused. Not that the driving was below competent and careful, not that he almost knocked me off my bike, but that some inconvenience was caused. Maybe it's from some national prosecutions policy, which is being taken too narrow mindedly by some forces/CPS departments.

is shitting oneself while sitting on a bike in a public place not considered inconvenient? Surely it's up to you as the cyclist to tell the CPS that you were inconvenienced, not for them to decide on your behalf.

 

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Fenson | 6 years ago
1 like

Unfortunately the response Dave got tallies with my efforts to report dangerous driving in Northamptonshire; it is completely hopeless. They are completely uninterested in the safetly of cyclists.

After they mishandled this incident: https://www.youtube.com/watch?v=MuElQ0C3OTg  I made a formal complaint about their incompetence, which they processed internally without taking on board any of my recommendations or changing their processes at all.  It was a completely ineffectual box ticking exercise.

They were also fairly uninterested when my bike was stolen from Bridge street, Northampton; you know, the street with all the CCTV cameras on it?

I have since moved to Buckinghamshire, but am yet to have any dealings with the Police here. Its hard to imagine anywhere could be worse than Northamptonshire, but you never know!

 

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burtthebike | 6 years ago
1 like

This BMW driver was prosecuted though; well done Avon & Somerset Police.

https://www.bristolpost.co.uk/news/local-news/bmw-caught-camera-hitting-...

Usual warning about not reading the comments.

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peted76 | 6 years ago
0 likes

This sounds like a situation for Boardman to get behind!

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Legs_Eleven_Wor... replied to peted76 | 6 years ago
3 likes

peted76 wrote:

This sounds like a situation for Boardman to get behind!

Boardman can save his breath, because he will be ignored.  If the establishment considered him a threat in any way, shape or form, he would have already been found leaning against a tree with one of his wrists slit and a rusty penknife nearby, in 'an apparent suicide'. 

The situation with this video reminds me of a conversation with a former colleague, when we had both once again been late because our privatized railways had f**ked up.  'What can you do, eh?' he asked.  'Well, you could start by storming Parliament,' I responded.  'Because of a late train?' he asked, incredulously.  

Most people see the failure to prosecute as a phenomenon in itself and so they waste their time appealing, writing to their MP etc.  It's not just 'a late train'.  It's not just 'a policeman who refuses to prosecute a driver who broke the law'.   It is a symptom of the deep, rotten sickness that lies at the very heart of British society.   Police inaction is a symptom of a country where inequality and the economic and social oppression of the weak by the strong is not just present (as it is in every human society on earth), but is institutionalised to the extent that whilst not official policy, it is deeply ingrained to the point of being an aspect of our culture. 

On the very rare occasions when I bother interacting with a driver who has done something dangerous, their reaction is invariably indignation and bewilderment.  'What did I do?' they shout.  And indeed, when I have witnessed drivers on 'driver awareness' courses, they are invariably very angry because they consider themselves to be the victims of a state apparatus which has 'declared war' on the motorist.  In their eyes, they have done nothing wrong, and irrespective of how closely they came to killing another human being or to causing considerable material damage to others' property, it's still 'not their fault'.   And the only way for so many people to be of the same opinion that they are in fact the victims of some vast conspiracy theory driven by cyclists and (to quote the idiotic bampot Janet Street Porter) our 'powerful backers' (welcome to 1930s Germany!) is for them to have been born in, brought up in and continually steeped in a culture where cyclists are considered 'freeloaders' ... 'usurpers' ... indeed in the view of many ... subhuman.  That these odious opinions are so widespread is because drivers (and increasingly, pedestrians) have interiorised the status of 'unter mensch' that is the cyclist, and so when a cyclist is killed or injured, it's really not that important.  'It's just a cyclist', in the same way that when people step on a beetle, they don't 'hate' the beetle.  They just don't care.  It's 'only a beetle'.

I look forward to the day when someone who unlike me, has nothing to lose, causes severe injuries to a driver who has threatened him, and posts (anonymously) the footage proving that he was exercising self defence.   Untraceable video, but incontrovertible proof nonetheless that the driver initiated a violent encounter, only to get ripped a new one and left unconscious on the side of the road.  

I'd like to think that in fact the driver would be prosecuted for assault or - at the very least! -  the police would state that since the footage is crystal clear, they would not be actively seeking the cyclist.  But of course, Britain is a fascist state and is ruled not by the government or by Parliament, but by Paul Dacre and Rupert Murdoch.  And there will be such a witch hunt with - I do not doubt it - a reward offered for information leading to the arrest of the cyclist, and such public clamour, that the police will have no choice but to go looking for him.  

What to do?  Unfortunately, we have long since passed the point where 'protest' will work.  A million people descended on the street in 2003 and they were ignored.   Changing the selfish car culture - for that is what's required - will not be easy.  No one gives up a privilege voluntarily.  It usually has to be taken from them.  By force.  

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ROOTminus1 replied to Legs_Eleven_Worcester | 6 years ago
2 likes

Legs_Eleven_Worcester wrote:

*snip*

What to do?  Unfortunately, we have long since passed the point where 'protest' will work.  A million people descended on the street in 2003 and they were ignored.   Changing the selfish car culture - for that is what's required - will not be easy.  No one gives up a privilege voluntarily.  It usually has to be taken from them.  By force.  

 

 

...viva la révolution?

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antigee | 6 years ago
7 likes

so if a driver runs a red light and other drivers don't need to take avoiding action no offence has been committed?   .....of course not - there are plenty of driving offences that don't have direct consequences that result in fines - speeding, disobeying stop lines, crossing double lines etc

why is the standard fopr prosecution set so high for this? simple answer is that the majority don't consider it bad driving and any consequence is the cyclists fault for being there

outcomes like this are a strong argument for a minimum passing distance law as the argument that existing laws can be applied doesn't work too well 

West Mid's police cite reduction in cyclist injuries - seems a good return

 

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zero_trooper replied to antigee | 6 years ago
2 likes
antigee wrote:

so if a driver runs a red light and other drivers don't need to take avoiding action no offence has been committed?   .....of course not - there are plenty of driving offences that don't have direct consequences that result in fines - speeding, disobeying stop lines, crossing double lines etc

why is the standard fopr prosecution set so high for this? simple answer is that the majority don't consider it bad driving and any consequence is the cyclists fault for being there

outcomes like this are a strong argument for a minimum passing distance law as the argument that existing laws can be applied doesn't work too well 

West Mid's police cite reduction in cyclist injuries - seems a good return

 

The issue would appear to be that this hasn't even reached a prosecution decision stage. The rider/victim has been fobbed off from the off (which is my take on the article).

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Bluebug replied to antigee | 6 years ago
2 likes

antigee wrote:

so if a driver runs a red light and other drivers don't need to take avoiding action no offence has been committed?   .....of course not - there are plenty of driving offences that don't have direct consequences that result in fines - speeding, disobeying stop lines, crossing double lines etc

why is the standard fopr prosecution set so high for this? simple answer is that the majority don't consider it bad driving and any consequence is the cyclists fault for being there

No it's because the police can't be f***ed to do anything.  They made the decision not to do anything including passing it on to the CPS.

You don't overtake another vehicle before a bend everyone knows that. Problem is some drivers don't recognise that slower moving vehicles, particularly cyclists and horses, are still vehicles you don't overtake.

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Grahamd replied to Bluebug | 6 years ago
2 likes

Bluebug wrote:

antigee wrote:

so if a driver runs a red light and other drivers don't need to take avoiding action no offence has been committed?   .....of course not - there are plenty of driving offences that don't have direct consequences that result in fines - speeding, disobeying stop lines, crossing double lines etc

why is the standard fopr prosecution set so high for this? simple answer is that the majority don't consider it bad driving and any consequence is the cyclists fault for being there

No it's because the police can't be f***ed to do anything.  They made the decision not to do anything including passing it on to the CPS.

Surely this is tantamount to Misconduct in Public Office?

 

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BehindTheBikesheds replied to Grahamd | 6 years ago
0 likes

Grahamd wrote:

Bluebug wrote:

antigee wrote:

so if a driver runs a red light and other drivers don't need to take avoiding action no offence has been committed?   .....of course not - there are plenty of driving offences that don't have direct consequences that result in fines - speeding, disobeying stop lines, crossing double lines etc

why is the standard fopr prosecution set so high for this? simple answer is that the majority don't consider it bad driving and any consequence is the cyclists fault for being there

No it's because the police can't be f***ed to do anything.  They made the decision not to do anything including passing it on to the CPS.

Surely this is tantamount to Misconduct in Public Office?

Perverting the course of justice IMHO.

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zero_trooper | 6 years ago
0 likes

Do we have a definitive list of police forces signed up to a 'Close Pass' initiative? Is Northants one of these forces?

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smcc1879 replied to zero_trooper | 6 years ago
1 like

zero_trooper wrote:

Do we have a definitive list of police forces signed up to a 'Close Pass' initiative? Is Northants one of these forces?

Err, no.

Northants Police won’t even prosecute when cyclists have been knocked off, let alone close passes. I’ve been hit by cars twice in the last 6 months, both with video evidence. And they still have done f**k all about it.   no

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zero_trooper replied to smcc1879 | 6 years ago
1 like

smcc1879 wrote:

zero_trooper wrote:

Do we have a definitive list of police forces signed up to a 'Close Pass' initiative? Is Northants one of these forces?

Err, no.

Northants Police won’t even prosecute when cyclists have been knocked off, let alone close passes. I’ve been hit by cars twice in the last 6 months, both with video evidence. And they still have done f**k all about it.   no

 

smcc1879 - the secret is to be 'injured' as a result of the collision. A sprained wrist would do. Then the motorist has to report the accident to the police  (by law) and then the police have to investigate it. You may still not get the result that you want, but at least you should should get some sort of documented reasoning.

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zero_trooper | 6 years ago
5 likes

Out-fooking-rageous! Was the cyclist told this (the reason for NFA) verbally or in writing? If they have made a complaint to the police, than they should be getting a written response.

Dave, go back to the police and ask that the incident is investigated, not someone's opinion, actually investigated. You are just being palmed-off here. 

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Hirsute | 6 years ago
6 likes

Having watched some of a half marathon today which was partly on rural roads, I found several drivers utterly %£#@ing clueless as to how to deal with more vulnerable road users. One of them tried to overtake about 200 runners then left hook a group of 10.

'Entitled and ignorant' is what I come away with in respect of some drivers.

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Hirsute | 6 years ago
3 likes

I'm taking an iron bar to Anthony Joshua, should be easy to get off, after all he is accustomed to violence.

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NorthEastJimmy | 6 years ago
4 likes

I've had similar responses from Durham Police with a few close passes, one included being clipped by the cars mirror on the hand.  Just because I was able to stay upright and keep my line, they took no action.

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ktache | 6 years ago
2 likes

Just by fitting cameras you define yourself as an experienced cyclist, thus Northamptonshire plod will never prosecute any close pass you might submit.

?????????????

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brooksby replied to ktache | 6 years ago
11 likes

ktache wrote:

Just by fitting cameras you define yourself as an experienced cyclist, thus Northamptonshire plod will never prosecute any close pass you might submit.

?????????????

IIRC, in the Helen Measures case, wasn't the fact that the victim came off her bike held up as proof that she was an inexperienced cyclist and therefore it couldn't have all been HMs entire stupid f-ing fault? So in that case, apparent inexperience was used as a *mitigating* condition...

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BehindTheBikesheds replied to brooksby | 6 years ago
5 likes

brooksby wrote:

ktache wrote:

Just by fitting cameras you define yourself as an experienced cyclist, thus Northamptonshire plod will never prosecute any close pass you might submit.

?????????????

IIRC, in the Helen Measures case, wasn't the fact that the victim came off her bike held up as proof that she was an inexperienced cyclist and therefore it couldn't have all been HMs entire stupid f-ing fault? So in that case, apparent inexperience was used as a *mitigating* condition...

Which was BS in any case as her victim WAS an experienced cyclist, it's just that it was a new to her bike. In any case that it was accepted as mitigation was a fucking disgrace.

 

As for plod not doing anything, if this was done to a police vehicle or a police officer on a bike you can put a few quid on the odds of it not being ignored.

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Beecho | 6 years ago
5 likes

This happens so often. Mostly at left hand bends like this, but often when overtaking driver has zero perception of the speed we're travelling, often at or close to the SPEED LIMIT.

Don't know what else to say really. Getting tired of it all. My cross/gravel Canyon is my favourite purchase in years. A ride where I'm off-road for 50% is a happier ride.

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