In today’s episode, we will take a look at a close pass incident which occurred on Sunday, 11th August 2024, on the A646 Halifax Road in Charlestown, Hebden Bridge. The vehicle involved was a black Jaguar XE.
The map shows the location of the incident and the direction the cyclist was travelling in.
Let’s take another look at that incident in slow motion.
The footage was uploaded on the same day to West Yorkshire Police via the Safer Roads Media Submission Portal. An email was received confirming the submission and included a unique reference number.
West Yorkshire Police responded by email on Wednesday, 14th August 2024, to inform us that enquiries were ongoing to trace the driver so they could be dealt with for the offences identified in the footage.
This process starts with the police issuing a Notice Of Intended Prosecution, or nip to the registered keeper of the vehicle. A nip is a formal warning that you may face prosecution while the incident is still fresh in your memory. You have 28 days from receiving it to provide the driver’s name and address, or any information that may lead to their identification. It is an offence in itself not to comply with a nip; failure to provide the requested information makes you liable under Section 172 of the Road Traffic Act 1988.
Information released by Operation Snap for the period July to September 2024 shows the police dealt with the driver 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. A person is considered to have driven without reasonable consideration only if someone is inconvenienced by their driving.
This is covered by Highway Code Rule 163. It states you should “Overtake only when it is safe and legal to do so.” You should give cyclists at least as much room as you would when overtaking a car, with a guide of leaving at least 1.5 metres at speeds up to 30mph, and more space at higher speeds. You should wait behind a cyclist and not overtake if it is unsafe or not possible to meet these clearances.
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 it’s important to note that you can only attend one such course in a three-year consecutive period. The driver had 28 days to book the course and must complete it within 120 days of the offence date. The police retain the right to withdraw the offer until completion, but the driver always retains the option of accepting a Conditional Offer of Fixed Penalty or having the matter heard in court. In this case, the driver accepted the educational course offer and attended at their own expense.
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Join us next time for more from West Yorkshire Cycling.
