In this edition we will take a look at a close pass incident involving a silver Vauxhall Astra with a trailer on Wyke Lane, Wyke back on Thursday 15th August 2024.
The map shows the location of the incident along with the cyclist’s direction of travel.
Let’s take another look at that incident. The cyclist is overtaking parked vehicles on their left, when the car and trailer overtakes the cyclist and passes extremely close to them.
The footage of the incident 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. On Friday 16th August 2024, West Yorkshire Police responded by email to inform us that enquiries were ongoing to identify the driver so they can be dealt with for the offences identified from the footage.
This starts by the police issuing a Notice Of Intended Prosecution within 14 days of the offence to the registered keeper of the vehicle. When you receive a NIP it 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 who was driving at the time of the alleged offence. If you provide details of someone else but you were the driver, this may constitute the offence of perverting the course of justice. It is an offence not to comply with the NIP, and if you fail to provide the requested information, you will be liable under Section 172 of the Road Traffic Act 1988. This 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 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 The Highway Code, specifically Rule 163. It states: ‘Overtake only when it is safe and legal to do so,’ and give cyclists ‘at least as much room as you would when overtaking a car.’ The guidance is even more specific: ‘leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and give them more space at higher speeds.’ If you can’t meet these clearances, the rule is simple: ‘You should wait behind… and not overtake.’
The fact that the car was towing a trailer while the cyclist was already manoeuvring around parked cars makes this incident particularly hazardous. The extra length of the trailer increases the time of the overtake, and the cyclist had very little room to move.
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, in this instance, the driver accepted the offer of the educational course, which they attended at their own expense.
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Join us next time for more from West Yorkshire Cycling.
