In this episode we take a look at a close pass incident which occurred Sunday, 11th August 2024, on the A58 Godley Lane in Halifax. The vehicle involved was a white Mercedes Sprinter van.
The map shows the location of the incident along with the direction the cyclist was travelling in. Let’s take another look at this incident in slow motion.
The footage was uploaded to West Yorkshire Police via their Safer Roads Media Submission Portal on the same date. An email was received with a unique reference number confirming the submission. On Tuesday, 13th August 2024, West Yorkshire Police responded by email to inform us that enquiries were ongoing to trace the driver for the identified offences.
This process starts with a Notice of Intended Prosecution (NIP) being issued to the vehicle’s registered keeper. Receiving a NIP doesn’t automatically mean a prosecution will occur; it is a formal warning that one may follow. The recipient then has 28 days to identify the driver. It’s crucial to be truthful, as providing false information may constitute the serious offence of perverting the course of justice. 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 fine of £1,000 on conviction.
Results from Operation Snap for the period July 2024 to September 2024 show 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 when a driver’s actions inconvenience another road user.
This is a clear violation of Highway Code Rule 163, which governs safe overtaking. It states that you should only pass when it is safe and legal to do so, giving cyclists at least as much room as you would a car. As a guide, the rule specifies leaving at least 1.5 metres when overtaking at speeds up to 30 mph, and even more space at higher speeds. If this is not possible, the driver must wait.
So, what was the penalty? Operation Snap shows the driver was sent a Conditional Offer of a Fixed Penalty. This allows the matter to be resolved without going to court. For this offence, the offer is typically a £100 fine and 3 penalty points on their licence. A driver can usually only accept this offer if they have 8 or fewer existing points on a valid, UK-issued licence, as accepting the points cannot take their total to 12 or more. Of course, a driver does not have to accept the fixed penalty and can always elect to have the matter heard in court.
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We will be back with another edition of West Yorkshire Cycling soon. Until then, please take care when out cycling.
