In this episode, we’re analysing a dangerous overtake involving a grey Mercedes C-Class, which occurred on Sunday, 11th August 2024, on the A646 Burnley Road in Luddenden Foot. This incident is a clear example of a driver ignoring two separate Highway Code rules in one manoeuvre.
The map shows the incident’s location and the cyclist’s direction of travel. Let’s review that moment again in slow motion.
The footage was uploaded to the West Yorkshire Police Safer Roads Media Submission portal on the same day.
Police responded on August 14th, confirming that enquiries were underway to trace the driver so they could be dealt with for the identified offences.
This process starts by issuing a Notice of Intended Prosecution (NIP) to the registered keeper within 14 days. A NIP serves to inform a potential defendant that they may be prosecuted while the incident is fresh in their memory. The recipient then has 28 days to provide the name of the person driving. It’s crucial to be truthful; providing false details may constitute the offence of perverting the course of justice, which can incur a prison sentence or a substantial fine. Failing to comply with the NIP is also an offence under Section 172 of the Road Traffic Act 1988, carrying six penalty points and a maximum £1,000 fine on conviction.
Information 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 reasonable consideration’. This falls under Section 3 of the Road Traffic Act 1988 and applies if a person’s driving inconveniences another road user.
Now let’s break down the two specific Highway Code rules broken here.
First, Rule 129, regarding double white lines. Where the line nearer to you is solid, you MUST NOT cross or straddle it. The only exception for overtaking a cyclist is if the road is clear AND the cyclist is travelling at 10 mph or less. As the driver crossed the solid white line to overtake a cyclist travelling above this speed, the overtake was illegal.
Second, Rule 163, which deals with the close pass itself. It states you should only overtake when safe, giving cyclists at least as much room as a car. The guidance is clear: leave at least 1.5 metres at speeds up to 30 mph. This driver failed to provide that safe clearance.
So, what was the outcome for this illegal and unsafe overtake? Information from Operation Snap shows the driver was offered an educational course, which is aimed at changing driver attitudes and preventing reoffending. The driver had 28 days to book and pay for the course and 120 days from the offence date to complete it. The police do retain the right to withdraw the course offer at any time before its completion.
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That’s all from this edition of West Yorkshire Cycling. Until next time, stay safe.
