In today’s episode, we’re examining a close pass incident involving an Audi TT on the B6129 High Street in Horbury, which occurred on Sunday, August 25th, 2024.
The video footage was promptly uploaded to the West Yorkshire Police Safer Roads Media Submission portal on the same day, August 25th, 2024, and an email with a unique reference number acknowledged the submission.
West Yorkshire Police responded on Thursday, August 29th, 2024, stating that enquiries were actively ongoing to trace the driver so they could be dealt with for the identified offences.
This process begins with issuing a Notice of Intended Prosecution (NIP) to the vehicle’s registered keeper, a step that must be completed within 14 days of the incident. The purpose of a NIP is to inform a potential defendant that they may face prosecution for an offence they have committed, while the incident is still fresh in their memory.
Upon receiving the NIP, there is a 28-day window to provide the name and address of the person driving at the time of the alleged incident. It’s crucial to understand that providing false details can constitute the serious offence of perverting the course of justice, potentially leading to a prison sentence or a substantial fine. Furthermore, failing to comply with the NIP is an offence in itself, carrying six penalty points and a maximum fine of £1,000.
Data from Operation Snap for July to September 2024 reveals that the driver was dealt with for the offence RT88576: driving a mechanically propelled vehicle on a road or public place without reasonable consideration. A person is considered to have driven without reasonable consideration if their driving inconveniences someone else.
This directly relates to Rule 163 of the Highway Code, which clearly states you should overtake only when it is safe and legal to do so. The code also specifies giving motorcyclists, cyclists, horse riders, and horse-drawn vehicles at least as much room as you would when overtaking a car.
More specifically for cyclists, the guidance is to leave at least 1.5 metres when overtaking at speeds up to 30 mph, and to provide even more space at higher speeds. If it’s unsafe or not possible to meet these clearances, the Highway Code advises that you should wait and not overtake.
So, what was the outcome for this driver? Operation Snap data shows the driver was offered an Educational Course. These courses are aimed at educating drivers, with the goal of changing attitudes and preventing reoffending.
It’s important to note that a driver can only be offered a course if they haven’t already attended one within a three-year consecutive period. They then have 28 days from the document’s date to book and pay for the course, and 120 days from the offence date to complete it.
The police also retain the right to withdraw a course offer at any point up until the course has been completed. Of course, the driver still had the option of accepting a Conditional Offer of a fixed penalty or having the matter heard in court.
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That’s all from West Yorkshire Cycling
