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BU21 TKD | Brighouse Road : Mercedes driver pays the cost of close pass

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In today’s episode, we take a look at another close pass on Brighouse Road in Low Moor, which happened on Sunday, 22nd September 2024, and involved a grey Mercedes A180 which was travelling at speed.

The map shows the direction the cyclist was heading in and the location of the incident.

Let’s take another look at that close pass in slow motion.

The footage was uploaded via the Safer Roads Media Submission Portal to West Yorkshire Police on the same day. An email was received back with a unique reference number confirming the submission.

West Yorkshire Police responded to the submission by email on Tuesday, 24th September 2024, to inform us that enquiries were underway to trace the driver of the vehicle so they could be dealt with for the offence or offences identified from the footage.

This process starts by the police issuing a Notice Of Intended Prosecution, or nip to the registered keeper within 14 days of the offence. When you receive a nip, it is a warning that you may face prosecution. You have 28 days to provide the name and address of the driver. Be warned: providing false details may constitute the offence of perverting the course of justice, and failing to comply 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 released by 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’. This 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. The police retain the right to withdraw the offer at any time. The driver opted to pay and take the course instead of opting for a Conditional Offer of a Fixed Penalty or a court hearing.

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Join us next time for more from West Yorkshire Cycling, so until next time stay safe while out on the roads.