In this episode, we are analysing a close pass incident involving a yellow Vauxhall Corsa on the A6037 Valley Road in Shipley, which occurred on Sunday, August 18th, 2024.
The footage was promptly uploaded to the West Yorkshire Police Safer Roads Media Submission portal on the same day, August 18th, 2024.
West Yorkshire Police responded by email on Tuesday, August 29th, 2024, to confirm that enquiries were underway to trace the driver so they could be dealt with for the offences identified in the footage.
This process involves sending a Notice of Intended Prosecution, or NIP, to the vehicle’s registered keeper within 14 days of the offence. A NIP serves as a warning that a prosecution may occur and is intended to inform a potential defendant while the incident is still fresh in their memory. The recipient then has 28 days to provide the name and address of the person driving at the time of the alleged offence.
It’s important to note the seriousness of this notice. Providing false details may constitute the offence of perverting the course of justice, which can result in a prison sentence or a substantial fine. Failing to comply with the NIP is an offence in itself under Section 172 of the Road Traffic Act, which on conviction, carries six penalty points and a maximum fine of £1,000.
Data from Operation Snap for July to September 2024 shows the driver was dealt with for the offence RT88576: ‘Drive a mechanically propelled vehicle on a road or public place without due care and attention’. This comes under Section 3 of the Road Traffic Act 1988, which considers a person to be driving without reasonable consideration if their driving inconveniences someone else.
This aligns directly with Highway Code Rule 163, which states that you should overtake only when it is safe and legal to do so. The rule specifies giving motorcyclists, cyclists, and horse riders at least as much room as you would when overtaking a car. As a guide, this means leaving at least 1.5 metres when overtaking cyclists at speeds up to 30 mph, and even more space at higher speeds. If these clearances cannot be met, the guidance is clear: you should wait and not overtake.
So, what was the outcome for the driver? Operation Snap data shows they were offered an educational course. These courses are aimed at educating drivers to change attitudes and prevent reoffending. A driver can only attend one such course in a three-year period. Once offered, there are 28 days to book and pay for the course, and it must be completed within 120 days of the offence date. While drivers have the option of a fixed penalty or a court hearing, the police retain the right to withdraw the course offer at any time before its completion.
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That’s all from West Yorkshire Cycling for this episode.
