In today’s episode we are taking a look at an extreme close pass at a traffic island on the A644 Huddersfield Road in Dewsbury, which occurred Sunday, 3rd November 2024. The vehicle involved was a red BMW 116.
The map shows the location of the incident along with the direction the cyclist was traveling in. Let’s take another look at this incident but 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 returned confirming the submission along with a unique reference number.
West Yorkshire Police responded by email on Tuesday, 5th November 2024, to inform us that enquiries were ongoing to trace the driver of the vehicle so they could be processed for the offence or offences identified from the submitted footage.
This process starts by the police issuing a Notice Of Intended Prosecution (NIP) to the registered keeper of the vehicle within 14 days of the offence. Receiving a NIP doesn’t automatically mean that you are going to face prosecution; it is a warning that you may face prosecution. You have 28 days from receiving the NIP to provide the name and address of the driver. If you provide false details, this may constitute the offence of perverting the course of justice, which may incur a prison sentence or substantial fine. It is an offence not to comply with a NIP, and if you fail to provide the requested information, you will be 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 October to December 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. A person is considered to have driven without reasonable consideration only if someone is inconvenienced by their driving.
This directly relates to Highway Code Rule 163, which clearly states: “Overtake only when it is safe and legal to do so.” The rule requires you to give cyclists at least as much room as you would when overtaking a car. For cyclists, the guidance is even more specific: “As a guide, leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and give them more space when overtaking at higher speeds.” If you can’t meet these clearances, the rule is simple: “You should wait behind… and not overtake.”
So, what was the outcome? The driver was offered an Educational Course. These courses aim to educate drivers, change attitudes, and prevent re-offending. It’s worth noting you can only attend one such course within a three-year period. The driver had 28 days to book and pay for the course and needed to complete it within 120 days of the offence. While they could have opted for a Conditional Offer of a Fixed Penalty or a court hearing, the driver accepted the educational course, which they attended at their own expense.
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Join us next time for more from West Yorkshire Cycling.
