In today’s episode, we are taking a look at a close pass incident on the A58 Godley Lane. It occurred on Sunday, 11th August 2024, and involved a white BMW X3.
The map shows the location of the incident along with the direction the cyclist was travelling in. Let’s take another look at that close pass in slow motion.
The footage was uploaded to West Yorkshire Police on the same day via the Safer Roads Submission Portal. An email was received confirming the submission along with a unique reference number.
West Yorkshire Police responded by email on 14th August 2024, to inform us that enquiries were ongoing to trace the driver involved so they could process them for the offence or offences identified from the footage.
The process starts with the police issuing a Notice Of Intended Prosecution, or nip. This is to inform a potential defendant that they may be prosecuted for an offence while the incident is still fresh in their memory. You have 28 days from receiving the nip to provide the name and address of who was driving, or any information that may lead to their identification. Be warned: providing false details may constitute the serious offence of perverting the course of justice. Furthermore, it is an offence in itself not to comply with the nip; failing to provide the requested information makes you liable under Section 172 of the Road Traffic Act 1988, which carries six penalty points and a maximum £1,000 fine on conviction.
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 falls under Section 3 of the Road Traffic Act 1988. A person is only considered to have driven without reasonable consideration if someone is inconvenienced by their driving.
This is covered by Rule 163 of the Highway Code, which states that you should only overtake when it is safe and legal to do so, giving cyclists at least as much room as you would a car. As a guide, leave at least 1.5 metres when overtaking cyclists at speeds up to 30 mph, 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. As you can only attend such a course once in a three-year consecutive period, this course is aimed at changing attitudes and preventing re-offending. The driver has 28 days from the document date to book and pay for the course, and must attend and complete it within 120 days of the offence date. The police retain the right to withdraw the offer up to the point of completion, though the driver still has the option of accepting a Conditional Offer of 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.
