Driving without reasonable consideration

[rudebhoy]

What you have probably been sent is a Notice of Intended Prosecution. So no need to panic just yet.

Its purpose is to put you on notice that an allegation has been made which is being investigated. As part of that investigation you will be interviewed and asked for your account.

No decision will have been made yet to prosecute you.

Yes, it's a NIP.

So if I return the form saying I own the vehicle and was driving at the time of the alleged incident, does not that automatically mean they will prosecute?

When I phoned them up to find out what it was all about, they said an officer had reviewed the footage and decided there was a case to answer.

 

[KenL]

An officer, just one?
Can you meet with them and get them to explain their reason whilst watching the video?

 

[rudebhoy]

An officer, just one?
Can you meet with them and get them to explain their reason whilst watching the video?

Doubt it. If they won't send me a link to the video, I can't see that bring offered. Bizarrely, the phone line is only open between 11am and 1pm. Don't know if that's down to staffing levels.

Anyone know what the rules are on sharing evidence?

 

[anotherdouble]

It’s only 1.5 metres on roads with an up and including 30 mph. All other roads is minimum 2 metres

 

[rudebhoy]

It’s only 1.5 metres on roads with an up and including 30 mph. All other roads is minimum 2 metres

It's a 30 mph road. It's generally busy, and I'd be surprised if I was doing more than 20.

 

[woofers]

Will be interesting to see if any car driver has sent dashcam footage of cyclists jumping red lights

They quite possibly have, but working on the assumption that the OP was identified by the car number plate, how would the police identify the cyclist committing the red light offence?

 

[Billysboots]

Yes, it's a NIP.

So if I return the form saying I own the vehicle and was driving at the time of the alleged incident, does not that automatically mean they will prosecute?

When I phoned them up to find out what it was all about, they said an officer had reviewed the footage and decided there was a case to answer.

No, all that will happen is that they will log the fact you were the driver. No decision to prosecute is made until an investigation has been completed, and that will include interviewing you as a potential offender. When they say there is a case to answer they merely mean at this stage the complaint merits an investigation.

The sole purpose of an NIP is to put someone on notice that they are subject of an investigation. They are used for certain motoring offences and are issued so that, if drivers are interviewed several weeks down the line with no prior warning, they cannot simply say they can’t remember the event. That is why they must be served within 14 days of an offence.

 

[Billysboots]

Anyone know what the rules are on sharing evidence?

The rules relating to disclosure are pretty complicated. My view is that in a relatively straightforward case such as this, in the event the investigation even got as far as you being interviewed, you will be shown any footage at that time and asked to comment on it.

You won’t see it beforehand.

 

[Captainron]

reasonable is a very subjective word

 

[Billysboots]

reasonable is a very subjective word

Which is just one of the reasons that the burden of proof is beyond all reasonable doubt.

 

[Crazyface]

I feel for the op. I hope all goes well for you.

 

[AmandaJR]

As a cyclist and former cycling instructor in schools I'm pleased to see the police enforcing the new regulations. That's a positive. There also is a context to this though as the OP is clearly not a serial squeeze past, cut back in "what the hell are you doing on my road" motorist. So it could be you started to overtake with the required space only for the cyclist to move out to avoid a pothole or similar. I'd be really anxious waiting for the next step in the process so hope they move things quickly and you see the full video.

 

[CliveW]

The Highway Code states in Rule 163 "As a GUIDE 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."
Surely the use of the word "GUIDE" means it is not compulsory?

 

[rudebhoy]

The Highway Code states in Rule 163 "As a GUIDE 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."
Surely the use of the word "GUIDE" means it is not compulsory?

Interesting that it doesn’t say “you MUST leave at least 1.5 metres”. It all seems a bit subjective.

 

[Bunkermagnet]

How can someones dash cam/head cam be used as evidence? It's not a callibrated and secure unit and we all know video footage can be adjusted to show whatever you want.

 

[Billysboots]

How can someones dash cam/head cam be used as evidence? It's not a callibrated and secure unit and we all know video footage can be adjusted to show whatever you want.

Because it’s infinitely more reliable than witness evidence.

If it’s speed the police are interested in, then providing they have the original footage they can establish frame rates and reconstruct things quite easily.

It absolutely wouldn’t be done for a minor offence, but for anything involving death or serious injury it’s entirely proportionate.

Witness evidence is extremely unreliable. If you put ten people at the side of the road, showed them all an unexpected event (so they had no prior warning it was coming, as is the norm in any event), you would get ten quite different accounts.

 

[SocketRocket]

What’s not to like

The £100 fee

 

[rudebhoy]

got the stills through this morning. initial thoughts - pretty difficult to tell how far out from the kerb the cyclist is. I'm guessing I haven't allowed the full 1.5m (which is a guide only), but does this really show me committing an offence? I'd be interested to hear what others think.

 

[KenL]

Looks like you are far enough out to me.
How fast was the cyclist going?

 

[Beezerk]

You need to see the footage, looks to me like he drifts out to the right to avoid the grate in the road. I can’t see how you would ever be able to predict he would do that.