In this episode, we will take a look at a close pass incident in very wet conditions which occurred on Sunday, 8th September 2024, on Common Road in Low Moor. The vehicle involved was a white Kia Ceed.
The map shows the location of the incident and the direction the cyclist was travelling in.
Let’s take another look in slow motion.
The footage was uploaded to West Yorkshire Police on the same day via the Safer Roads Media Submission Portal. An email was received confirming the submission along with a unique reference number.
West Yorkshire Police responded on Wednesday, 11th September 2024, to inform us that enquiries were underway to trace the driver of the vehicle. So they could be dealt with for the offences identified.
This process starts with a Notice of Intended Prosecution, or nip being issued. This is to inform a potential defendant that they may be prosecuted for an offence while the incident is still fresh in their memory. The recipient then has 28 days to provide the name and address of the driver. Providing false information may constitute the serious offence of perverting the course of justice, and it is an offence in itself not to comply with the nip. Failing to provide the requested information makes the recipient liable under Section 172 of the Road Traffic Act 1988, which carries six penalty points and a maximum £1,000 fine.
Information from Operation Snap for the period 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’, which comes under Section 3 of the Road Traffic Act 1988.
This is covered by Highway Code Rule 163, which states that you should overtake only when it is safe and legal to do so, giving cyclists at least 1.5 metres at speeds up to 30 mph, and more space at higher speeds. Crucially, the rule specifically states that you should take extra care and give more space when overtaking cyclists in bad weather. If it is unsafe or not possible to meet these clearances, you must wait.
So how was the driver dealt with? Operation Snap shows the driver was offered an Educational Course. These courses are aimed at changing attitudes and preventing re-offending, and a driver can only attend one such course in a three-year period. The driver had 28 days to book and pay for the course and was required to complete it within 120 days of the offence. The police retain the right to withdraw this offer at any time, and the driver still had the option of accepting a Fixed Penalty or having the matter heard in court.
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That’s all from West Yorkshire Cycling for this edition. We will be back with another episode soon, so until then, please take care while out on the roads.
