Driving without reasonable consideration

[rudebhoy]

Got a letter through from the police this morning saying they are intending to prosecute me for the above.

I had no idea what it was in connection with, so I rung them to ask for some details. Turns out a cyclist has reported me for overtaking him too closely and has submitted some video footage. This apparently happened last week, but I have no recollection of anything untoward. They can't share the footage with me as "it's not their property".

I know the legal distance is you need to be at least a metre and a half outside the cyclist. I'm guessing the police must have reviewed the footage and concluded I was inside that distance?

Is there any point pleading not guilty, and what's the normal penalty for this?

 

[Beezerk]

First thought, how can they prove you were or were not a safe distance away? Surely the video footage alone isn’t enough to be able to prove either way

 

[Orikoru]

I'd be disputing that until the cows come home until I've seen proof of it. But then I'm very, very far away from being a legal expert.

Might be better posting on forums.PePiPoo.com - they have legal experts on there for all aspects of motoring and actually give good advice, unlike me. They will be able to tell you what your rights are and so on. (I don't know why the forum has such a silly name, I'm guessing it's short for something.)

 

[Deleted member 25172]

Could be expensive.

Man fined £4,500 after being prosecuted for closely passing cyclist

Businessman Wayne Humphreys, 77, was captured overtaking a cyclist via GoPro camera on a country road while driving his white Audi Q8 in Wales last year.

www.dailymail.co.uk

 

[rudebhoy]

First thought, how can they prove you were or were not a safe distance away? Surely the video footage alone isn’t enough to be able to prove either way

they are going to send me some stills. unless I am very close to him, I'll be contesting it.

 

[PJ87]

This is why I have a dash cam

Just proves my side

 

[Rooter]

Gonna be unpopular here but hey,

The scary thing here for me is the cyclist thinks you were close enough to warrant them taking the time to download the video from the camera and log it with the police force. This would have taken them a while, and you can't remember anything about it? Says to me you didn't see the cyclist as you were most likely distracted OR, If you do recall at least overtaking them, it possibly would have been down to being impatient and trying to squeeze through a gap that was too small maybe.

From what I see online of people arguing this, it could be costly. Of course, I would want more detail, but I imagine they have front and rear-facing camera footage, and depending on the speed difference and the gap you left will determine how hard you get shafted.

Good youtube channel of a cycling commuter who has to put up with this and is fighting back, https://www.youtube.com/channel/UCHW-bjTOW_WabifFieZaYlQ

 

[Lord Tyrion]

they are going to send me some stills. unless I am very close to him, I'll be contesting it.

I think this is where most of us would be at. Even then, stills don't always show a full picture, you need a before, during and after context, ie the video.

 

[Deleted member 29109]

Gonna be unpopular here but hey,

The scary thing here for me is the cyclist thinks you were close enough to warrant them taking the time to download the video from the camera and log it with the police force. This would have taken them a while, and you can't remember anything about it? Says to me you didn't see the cyclist as you were most likely distracted OR, If you do recall at least overtaking them, it possibly would have been down to being impatient and trying to squeeze through a gap that was too small maybe.

From what I see online of people arguing this, it could be costly. Of course, I would want more detail, but I imagine they have front and rear-facing camera footage, and depending on the speed difference and the gap you left will determine how hard you get shafted.

Good youtube channel of a cycling commuter who has to put up with this and is fighting back, https://www.youtube.com/channel/UCHW-bjTOW_WabifFieZaYlQ

Can you remember the details of every other road user you pass?

 

[pendodave]

Gonna be unpopular here but hey

I cycle a lot, so you'll have at least one of us prepared to give you a pass!

Obviously can't comment on the specifics of the case. But suffice to say I am much more thoughtful around cyclists now that I cycle often myself. And I never really thought of myself as particularly careless before.

If you're within 1.5m, believe me that's too close for safety. Cyclists wobble about, road surfaces are far from perfect. Coming off a bike at any speed is extremely painful and often life altering. You'll get past soon enough.

 

[Whereditgo]

This is not aimed at the OP in any way.

I'm a cyclist, motorcyclist and driver, it's scary how little regard many road users have for the two wheeled section of traffic. Most of it down to impatience.

Last Sunday for example, I was out on my bike (motorbike), pootled through a village at 30 mph then accelerated as I re-entered the national speed limit, rounded a bend and a group of 15 or so cyclists were travelling in the opposite direction and a car just pulls out to overtake them. I got my speed down to around 10 mph and moved to the very edge of the surfaced road and the driver just carried on with his overtake, I had to take my right hand off the bars to avoid his mirror, I would bet he was equally close to the cyclists. Had the car waited behind the cyclists for 30 seconds or so he would have rounded the bend to be faced with a longish straight that he could have safely negotiated a way past the cyclists and any other traffic.

Whether I am on my bike or motorbike I always assume every other road user is trying to kill me!

 

[Beezerk]

Just to add, if they offered me a course rather than points and a fine I’d be all over it. The link posted by LH shows how you should sometimes, rightly or wrongly, take a small slap on the wrist rather than left it snowball out of control.

 

[Lord Tyrion]

Just to add, if they offered me a course rather than points and a fine I’d be all over it. The link posted by LH shows how you should sometimes, rightly or wrongly, take a small slap on the wrist rather than left it snowball out of control.

Apparently, haven't done one but my sister has, you get tea and biscuits as well

 

[Beezerk]

Apparently, haven't done one but my sister has, you get tea and biscuits as well

What’s not to like

 

[rudebhoy]

Gonna be unpopular here but hey,

The scary thing here for me is the cyclist thinks you were close enough to warrant them taking the time to download the video from the camera and log it with the police force. This would have taken them a while, and you can't remember anything about it? Says to me you didn't see the cyclist as you were most likely distracted OR, If you do recall at least overtaking them, it possibly would have been down to being impatient and trying to squeeze through a gap that was too small maybe.

From what I see online of people arguing this, it could be costly. Of course, I would want more detail, but I imagine they have front and rear-facing camera footage, and depending on the speed difference and the gap you left will determine how hard you get shafted.

Good youtube channel of a cycling commuter who has to put up with this and is fighting back, https://www.youtube.com/channel/UCHW-bjTOW_WabifFieZaYlQ

If I had passed a cyclist who had to take avoiding action, I would have remembered that. Same if it had been a near miss. It was 10 days ago, I know the bit of road, I can remember making the short journey (less than 5 minutes) but I do not recall anything to do with a cyclist which suggests to me nothing happened and nothing nearly happened.

 

[rudebhoy]

Just to add, if they offered me a course rather than points and a fine I’d be all over it. The link posted by LH shows how you should sometimes, rightly or wrongly, take a small slap on the wrist rather than left it snowball out of control.

went on the forum suggested by Orikoru, and looks like any unsuccessful NG plea would result in a higher fine, more points and £600 in costs.

 

[Beezerk]

went on the forum suggested by Orikoru, and looks like any unsuccessful NG plea would result in a higher fine, more points and £600 in costs.

Ouch.

 

[clubchamp98]

Unfortunately motorists do this to much.
They think nothing of it as they havnt made contact.
But just the wind off a car can put you in the dust.

I would still want evidence of this as all cyclist are not saints.
I always thought it was a basic right to see what your being accused of!

 

[RichA]

I'm a driver, cyclist and pedestrian so see it from each perspective. There are plenty of dicks in each group who conduct their journey like it's a competition and think each second saved on their way to the next red light is more important than the next person's.
Just as coming off a bike can easily be life changing for a cyclist, being hit by a 14 stone cyclist at 20mph isn't much fun for a pedestrian.
I was cycling a lot when fellow cyclists started glueing GoPro cameras to their helmets. A lot of them seemed to be members of the dick section and be actively seeking out near-misses.
I miss the days when a good old thump on the passenger window and a few expletives was standard rather than calling the cops cause a car got a bit close.

 

[SyR]

Could be expensive.

Man fined £4,500 after being prosecuted for closely passing cyclist

Businessman Wayne Humphreys, 77, was captured overtaking a cyclist via GoPro camera on a country road while driving his white Audi Q8 in Wales last year.

www.dailymail.co.uk

Until I read about this case I wasn't aware that evidence could be submitted like that and how they could measure the distance on a camera which often has a fish eye effect.
It's partly why I have chosen to install dash cams front and rear and I will only overtake cyclists if I can pass with plenty of margin to spare (as few cyclists ride in straight lines anymore. I often see cars pass with minimal distance when they have space to pass with a greater margin.

For the original poster, I believe the person who took the footage must agree to attend court for the footage to be used as evidence.