Welcome to another edition of West Yorkshire Cycling. I’m Charlotte.
In this episode, we take a look at a close pass incident in the Low Moor area of Bradford, which occurred on Sunday, 22nd August 2024. It involved a grey Volkswagen Tiguan, and the location was the A641 Huddersfield Road.
The map shows the location of the incident along with the direction the cyclist was heading.
Let’s take another look at that close pass in slow motion.
The footage was uploaded to West Yorkshire Police via the Safer Roads Media Submission Portal on the same day. An email was received back with a unique reference number confirming the submission.
West Yorkshire Police responded by email on Tuesday 24th September 2024 informing us that enquiries were underway to identify the driver of the vehicle so they could be processed for the offence or offences identified in the footage. This may either be by way of an educational course, Conditional Offer of Fixed Penalty, or by a Court hearing.
This process starts with 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 doesn’t automatically mean that you are going to face prosecution; it is a warning that you may face prosecution. You have 28 days to provide the name and address of who was driving the vehicle at the time of the alleged offence.
Be aware that providing details of someone else if you were the driver may constitute the offence of perverting the course of justice, which can incur a prison sentence or a substantial fine. 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, carrying 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 R T 8 8 5 7 6: ‘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 if another road user 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. It also states that, as a guide, you should leave at least 1.5 metres when overtaking cyclists at speeds of up to 30 mph, and give them more space when overtaking at higher speeds. If it is unsafe or not possible to meet these clearances, the rule is simple: you should wait and not overtake.
So, what penalty was given to the driver? Operation Snap data shows the driver was offered an educational course. These are aimed at educating drivers to change attitudes and prevent re-offending. You have 28 days from the date of the document to book and pay for the course, and 120 days from the date of the offence to attend and complete it. The police retain the right to withdraw the offer of a course at any time up to the point of completion.
The driver opted to pay and take the course rather than accepting a Conditional Offer of Fixed Penalty or having the matter heard in court.
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That’s all from this episode of West Yorkshire Cycling, so until next time, stay safe while out on the roads.
