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Near Miss of the Day 800 revisited – Tipper truck driver fined for close pass

“I have noticed how the drivers are now hanging back until it's safe to pass,” says cyclist on the receiving end...

A tipper truck driver filmed making a very close pass on a cyclist – the fourth time the same rider had being subjected to a similar overtake by a lorry from the same firm, operating out of a quarry in Warwickshire – has received a hefty fine.

“I can now confirm the lorry driver didn't attend court and was given 6 points on their licence and a £560 fine,” said Colin, the road.cc reader who was on the receiving end of the incident.

“The positive from this is that the word must have gotten out amongst other lorry drivers operating out of the quarry on that road,” he added.

“I have noticed how the drivers are now hanging back until it's safe to pass and allowing plenty of room.”

The text of our original article, published on 18 July last year, appears below.

A very close pass from the driver of a tipper truck is what features in our Near Miss of the Day series, sent in by road.cc reader Colin who filmed the incident on Mancetter Road, Nuneaton, yesterday afternoon – and who told us that it was previous close passes from the same firm’s drivers that inspired him to buy and action camera in the first place.

“This is a regular road I climb to get home,” Colin said. “There is a stone quarry where large tipper lorries operate from, three times over the last 24 months i have been run off the road by these lorries, this is one reason I decided to fit a GoPro.

“Yesterday the same thing happened, I was forced off the road, it's a good job there was no kerb for me to run off.”

“I think these tipper drivers work on piece work,” he continued – a common practice in the industry but one that has been blamed for drivers taking unnecessary risks and compromising road safety and endangering vulnerable road users.

“I've sent video to Warwickshire Police and also to the tipper hire company,” added Colin, who concluded:  “Apologies for the language but it was really scary,” added Colin.

> 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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22 comments

Avatar
Bungle_52 | 1 year ago
5 likes

This is an excellent result, thank you for reporting it.

Good to hear that drivers now seem to be behaving more considerately around the cyclist. That is the result we want after all.

Out of interest

Do we know if the driver pleaded guilty and what the charge was?

Were all four close passes reported and did this have any effect on the outcome?

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Piratepete | 1 year ago
0 likes

If I had previously had three near misses, I would be reviewing my videos and asking myself why this was happening? The road positioning of this cyclist is too near the gutter and in my experience is just inviting every vehicle to squeeze past without crossing into the other lane. It takes some guts, confidence and practice, but this behaviour could be stopped very easily by riding in the Primary Position.

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Secret_squirrel | 1 year ago
3 likes

A victory - nice one!  Baffling how a professional driver wouldn't turn up in court to defend themselves tho. 
I do wonder if he was properly informed.  The driver I got sacked on a NMOTD was a non-national and I do wonder whether they get any support from their agency/employer.  I suspect not and if what they have done wrong is not properly communicated and chance of learning from the incident is gone.

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nosferatu1001 replied to Secret_squirrel | 1 year ago
1 like

Is 6 points a problem for hgv Licencing?

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IanMSpencer | 1 year ago
8 likes

Amazingly managed a conviction while presented on The InterWeb. Who knew such a thing was possible?

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mattw | 1 year ago
1 like

Is there a social media hashtag for this series?

Thanks.

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joe9090 | 1 year ago
1 like

No excuse - murderous driving. Poor infra also sadly. 
I would ******* their truck or the depot if they did that to me. 

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SimoninSpalding | 1 year ago
5 likes

One course of action if you have a problem with a haulier is to contact the Office of the Traffic Commissioner who are responsible for issuing the operator's licence hauliers have to have.

Unfortunately with tippers working out of quarries, they are often self employed drivers who are subcontracted to the quarry and simply have a lorry painted in the colours of the quarry company which complicates this, but the registration number of the vehicle will be linked to the relevant operator's licence so it could be followed up.

This subcontractor arrangement does lead to time pressures on the drivers because they do only get paid per load, and the main contractor/ quarry will not want to be involved for fear of being seen to treat them as an employee and consequently become liable for National Insurance contributions.

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OldRidgeback | 1 year ago
8 likes

Tipper trucks and skip delivery trucks have the highest crash rates of any HGV classes. There are reasons for this. First off, the drivers of both are often paid/delivery, so they're working against the clock to earn as much as they can. If you look at supermarket delivery artics by comparison, those have amongst the lowest rates of crashes for HGVs because the firms tend to hire the best drivers and those drivers are paid hourly rates, so they're not under such pressure. 

There are other reasons too why tipper trucks and skip trucks have such a poor record. And if you know anything about the construction sector, you may know what I mean. In short, a small percentage of the firms have links to crime and criminals. With an even smaller minority, it's because they're used to launder money directly. With others, the links are less direct but there all the same. It's of note that some tipper truck or skip delivery firms will be phoenix companies, closing down and then restarting again shorlty after with a slightly different name. For the phoenix firms, the crash rates can be truly horrific. A very significant proportion of the crashes involving tipper trucks and skip trucks occur with the firms that have links to crime. The people running the firms may have the same risk taking approach to safety that they do to sticking within the law.

Not all companies running tipper trucks or skip trucks are like that by any means. A significant percentage are well run and have decent safety records. I can think of one contractor with a large tipper truck fleet that has several main board execs who are keen cyclists, and it's no surprise there that the truck drivers get specific cycle training.

A quick rule of thumb - look at how grubby the tipper truck is. If it's covered in dirt that's been there for ages, you get an idea of the firm's maintenance practices, particularly if you can see grease or diesel fuel staining the dirt. In those instances, keep well clear. And that should apply whether you're on two wheels, driving or walking.

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SimoninSpalding replied to OldRidgeback | 1 year ago
2 likes

I agree with you on the tippers business model (i.e. self employed drivers), but I think the cause of problems with scaffolding lorries is more down to a lack of regulation. They will usually have a restricted operators licence which means theycan only operate a lorry in the course of their main work (erecting scaffolding). Companies with restricted O licences are not required to employ a professional qualified transport manager, so often compliance with traffic laws is low down their list of priorities (if it makes it there at all). This leads to driving offences, poor vehicle maintenance which in turn increases the risk of accidents. They will only get caught if they do something really dumb (like operating a vehicle not specified on their licence in an area with ANPR) in case of an accident, or as a result of maintence issues being found after a roadside check with the DVSA.

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Secret_squirrel replied to SimoninSpalding | 1 year ago
1 like

Plus all scaffolders are mental, it's some kind of universal law.

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wtjs replied to Secret_squirrel | 1 year ago
0 likes

Plus all scaffolders are mental, it's some kind of universal law

This is Brand's Scaffolding of Poulton about to charge through a red light, after an equally ignored 3 second amber light. Regular readers will know already that there was no response from OpSnapLancs, and no action. Only yesterday I saw a YouTube clip from CyclingGaz in which an RLJ was awarded 3 points and a fine by the Met (and we all know now about the dire state of the Met)- would never happen in Lancashire

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Rendel Harris replied to Secret_squirrel | 1 year ago
0 likes

Their employers don't give a damn either, no response to this from 11 days ago. Didn't report because I was on foot and both driver and passenger looked very much the sorts who would happily smash my face in if they saw me filming for evidence.

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wtjs replied to Rendel Harris | 1 year ago
2 likes

Happy with this look?

Sadly, they are!

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wtjs replied to SimoninSpalding | 1 year ago
1 like

They will only get caught if they do something really dumb (like operating a vehicle not specified on their licence in an area with ANPR)

They most certainly would not  'get caught' here, where Lancashire's Finest must either have delliberately bought a bent load of ANPR cameras in a cash-generating fraud or they switch them off all the time to save being bothered, because otherwise they would be catching vehicles driving around in full view for years without MOT, insurance or VED- even if said drivers weren't being reported to them in full detail on comedy site OpSnapLancs

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TriTaxMan | 1 year ago
8 likes

Why is it so many motorist can't cross the centre line when they are overtaking.

The lorry overtake was bad, but none of the follwing cars covered themselved with glory either.  Especially when you consider that there were no cars coming the other way.... so they could have passed safely

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wtjs | 1 year ago
2 likes

The police have the attention span which is generally attributed to the goldfish (probably unfairly) - 3 seconds. They had forgotten this case as soon as they knew nobody was KSI'd- if somebody was they get out the excuses file, and make sure there's 'insufficient evidence'. 

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Sriracha | 1 year ago
7 likes

It's like a building site where the safety log is full of near misses and nothing was ever done about them. Then one day it's a KSI, and people ask what could have been done?

Absolutely report these to the prime contractor. At least let them be without excuse if the H&S investigators ever have to pay them a call.

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wtjs replied to Sriracha | 1 year ago
6 likes

At least let them be without excuse if the H&S investigators ever have to pay them a call

Sadly, we don't have recourse to H&S about the police, the Lancashire PCC is equally idle and my MP- after a long wait- suggested a complaint to Lancashire Constabulary about Lancashire Constabulary. 

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Owd Big 'Ead | 1 year ago
14 likes

Nobody gave you the room that the HC recommends. The Mini at the end hardly veered off it's course. I personally keep away from tipper trucks as much as I can, they seem to be a law unto themselves.

If it's anything like the quarries around my neck of the woods they'll all be self-employed drivers on piece work, but none of that should excuse their shite driving.

When I've had problems in the past I went after the quarry owners, Tarmac in my instance. They had quite a bit on the Corporate Bullshit site about taking responsibility for their actions through sustainability etc, so I put it to them "why are you allowing your sub-contractors to drive like utter arseholes"?

Their response was almost immediate and extremely favourable, they even did a driver/cyclist day so their staff could see the situation from a cyclists perspective.

In these instances always go after the main contractor. They are usually horrified to have the subbies driving like twats.

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IanMSpencer replied to Owd Big 'Ead | 1 year ago
7 likes

Yes, all of those vehicles worthy of a letter, but the Mini deserved a bonus fine.

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Bungle_52 | 1 year ago
1 like

(Pedant bit) This should now be NMOTD 800 as 798 (b) is now 799.

Confusing I know.

I hope Warwickshire take action. Ridiculous.

Thanks for taking the trouble to report and to submit it for NMOTD

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