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Near Miss of the Day 818: No action taken as police say cyclist ‘put himself in danger’ by ‘barging to the front and moving into driver’s path’

Our regular series featuring close passes from around the country - today it’s Oxfordshire

Many of the motorists featured on Near Miss of the Day get away with a slap on the wrist. Today’s one, however, only had to suffer a slap on the side of their car.

That’s because Thames Valley Police decided, rather swifty, to take no action against the driver for this bank holiday close pass – because, they argue, the cyclist “put himself in danger” by “barging his way to the front” of a line of cars and moving into the motorist’s path when there “was plenty of room for him to overtake”.

The incident occurred after the cyclist filtered to the front of a queue of traffic at a set of temporary traffic lights in Wallingford on Bank Holiday Monday.

“I’d just stopped on Wallingford bridge to take a couple of photos and encountered a small queue waiting at temporary lights on the other side,” the reader who sent us the footage, BucksCycleCammer, told road.cc.

> Near Miss of the Day 817: “Both drivers gave me a wide pass – shame about the cyclist coming the other way”

“Judging afterwards from the Mini who’d overtaken me whilst stopped, they’d already been there for at least 90 seconds, which may explain some frustration.

“So, I filtered to the front and, after more than another minute, the lights changed,” he continued.

“Since the road narrowed significantly, I moved towards primary which did nothing to deter the driver of the Toyota who passed so closely that I was able to slap the side of his vehicle without extending my arm.”

The cyclist then submitted the footage to Thames Valley Police, who “responded very quickly to tell me they will not take any action because I ‘put myself in danger’ – first by ‘barging my way to the front’, getting really close to the Toyota in the process, and then by moving into his path when there was ‘plenty of room for him to overtake’.”

> Near Miss of the Day 816: Driver surrenders licence after sideswiping cyclist at 50mph 

Responding to the police’s decision to take no action, the cyclist pointed out that filtering is legal and “recommended to increase visibility”, while the usual existence of three-way permanent lights at the junction – “due to the narrow carriageway on two approaches” – highlighted that there “isn’t plenty of room” to overtake and justified his decision to ride in primary position.

According to the cyclist, his reply “only aggravated the matter; I was left in no doubt that this wasn't a discussion, but a lecture.”

He concluded: “Whilst there has been some positive movement from TVP this year, there are certainly still those who retain the old attitudes towards cycling.”

> 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

After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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130 comments

Avatar
AlsoSomniloquism | 2 years ago
2 likes

Which vehicle decided to give the "Ashley Neal" treatment? The close passer or the vehicle behind?
 

Avatar
Bucks Cycle Cammer replied to AlsoSomniloquism | 2 years ago
1 like
AlsoSomniloquism wrote:

Which vehicle decided to give the "Ashley Neal" treatment? The close passer or the vehicle behind?
 

It was the chap behind.

Avatar
mattw replied to AlsoSomniloquism | 2 years ago
1 like

I don't think that's fair.

That's a revenge / whinge toot. Ashley Neal does not get concerned about things which are no longer a concern. 

Here's his latest hoot to remind an I thnk food delivery person on a bike that he is there; very sensible.

https://youtu.be/kdSLUoyRZWo?t=457

If you watch it through the food delivery person needs to watch Ashley's video on "primary". 

Avatar
the little onion | 2 years ago
5 likes

Institutionally anti cyclist 

Avatar
BalladOfStruth | 2 years ago
9 likes

Some Idiot wrote:

Thames Valley Police, who “responded very quickly to tell me they will not take any action because I ‘put myself in danger’ – first by ‘barging my way to the front’, getting really close to the Toyota in the process, and then by moving into his path....”

Following highway code/government cycling advice in both cases. Is there a way to escalate this?

Also, why do Police forces insist on giving the role of reviewing incident footage to officers who are blissfully unaware of what the rules of the road actually are?

Avatar
anagallis_arvensis replied to BalladOfStruth | 2 years ago
4 likes

At least you get a response TVP is a black hole for my reports!!

Avatar
Bucks Cycle Cammer replied to anagallis_arvensis | 2 years ago
1 like
anagallis_arvensis wrote:

At least you get a response TVP is a black hole for my reports!!

You can email them for an update. I have a good percentage with no response as a matter of course, but I always get an update if I ask for one.

Avatar
Bucks Cycle Cammer replied to BalladOfStruth | 2 years ago
2 likes
BalladOfStruth wrote:

Some Idiot wrote:

Thames Valley Police, who “responded very quickly to tell me they will not take any action because I ‘put myself in danger’ – first by ‘barging my way to the front’, getting really close to the Toyota in the process, and then by moving into his path....”

Following highway code/government cycling advice in both cases. Is there a way to escalate this?

A complaint was submitted yesterday, immediately after the call.
It won't change this individual outcome though.

Avatar
jmcc500 replied to BalladOfStruth | 2 years ago
2 likes

BalladOfStruth wrote:

Following highway code/government cycling advice in both cases. Is there a way to escalate this?

I have had a 50% success rate by writing to the Police and Crime Commissioner's office asking for a review. In one case (the successful one) they agreed the action (letter) should have been greater (prosecution) but it because they had already sent the letter they could do no more than improve training. The second time there was no change in outcome (phone drivers sent letter rather than prosecuted despite clearly using phones and holding them low to keep them out of sight, demonstrating they knew they were breaking the law).

Avatar
Bucks Cycle Cammer replied to jmcc500 | 2 years ago
1 like

And I'd have been perfectly happy with 'words of advice' on this one.  I'm all for education.

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