In this edition of West Yorkshire Cycling, we review an extreme close pass on the A644 Denholme Gate Road in Halifax. The incident occurred on Tuesday, 29th October 2024 and involved a white Renault Master.
The map shows the location of the incident along with the direction the cyclist was travelling.
Let’s take another look at this incident, but in slow motion.
The video was sent to West Yorkshire Police through the Safer Roads Media Submission Portal that same day, and the complainant got an email back straight away with a unique reference number.
Then, on Friday 1st November 2024, the police emailed again to say they were making enquiries to trace the driver so they could be dealt with for the offence or offences identified from the footage. The driver could be offered an educational course, a Conditional Offer of Fixed Penalty, or even end up in court.
The procedure begins with the police issuing a Notice of Intended Prosecution, or NIP, to the registered keeper of the vehicle. This must be served within 14 days of the alleged offence. A NIP is not a prosecution in itself; it is a formal notification that one may follow. The recipient is legally required to identify the driver within 28 days.
Accuracy is vital. Providing false information may constitute perverting the course of justice, an offence that can result in imprisonment or a significant fine. Failure to comply with the NIP is a separate offence, attracting six penalty points and a fine of up to £1,000 upon conviction.
Operation Snap data for October to December 2024 indicates that the driver was dealt with for offence RT88576: Driving a mechanically propelled vehicle without reasonable consideration. This offence is defined under Section 3 of the Road Traffic Act 1988, where a driver is considered at fault if their behaviour inconveniences another road user.
Under Rule 163 of the Highway Code, overtaking is permitted only when it is both safe and lawful, and drivers must give cyclists at least the same clearance they would give a car.
The guidance recommends leaving at least 1.5 metres at speeds up to 30 mph, increasing this distance at higher speeds. Where these clearances cannot be achieved safely, the correct action is to remain behind the cyclist.
Operation Snap shows the driver was offered an educational course. These courses, which can only be taken once every three years, are intended to improve driver behaviour and reduce the risk of further offences.
The driver had 28 days to book and pay, and 120 days from the offence date to complete the course. The police can withdraw the offer at any point until completion. Rather than accepting a Fixed Penalty or going to court, the driver chose to complete the course at their own expense.
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This brings us to the end of this edition of West Yorkshire Cycling. We’ll be back with another episode soon. In the meantime, please take care while out on the roads.
