Today's videos in our Near Miss of the Day series show one of the potential flaws with protected cycle infrastructure - motorists turning across them to access side roads and in doing so putting cyclists using the bike lane in danger.
The video above was filmed on London's Cycle Superhighway 2, one of the original blue-painted, unprotected routes that subsequently had physical protection in the form of kerbing added along much of its length following several fatalities.
But as you can see, where the kerbing stops before and after a side junction, there is the risk of getting left-hooked.
It was filmed by road.cc reader Lukas, who told us:
“While being highly impressed with the Met Police on most submissions, they seem to have some blind spots, in this case cars crossing cycleways.
“The initial police response was that no offence was committed as "...the vehicle is in front of you and indicating left you should have given way to allow it to turn. We are therefore unable to pursue this allegation."
“This seemed to contradict Highway Code 183 which says: ‘When turning, give way to any vehicles using a ... cycle lane’.
“Annoyed that this kind of seemingly dangerous driving was going unpunished, I then submitted a formal complaint, with the reviewing officer deciding that ‘an offence of driving without reasonable consideration was committed by the driver’.
“So far so good, although it was too late to prosecute the driver,” he added.
Lukas also sent us video of another incident which happened at the very same junction last week.
“Thankfully the driver stopped for me but then cut off a cyclist behind,” he said. “I reported this again, assuming this would count as an offence, but after an email back and forth, the Met stated ‘The car in question was indicating in advance which you can also see from your position and therefore the cyclist behind should have had sufficient time to be aware of the vehicle’s intention and slow down to avoid unnecessary danger.
“’The Highway Code [rule] 183 refers to cyclists on the drivers inside which he does comply with by allowing you to pass, however they are not expected to stop to give way to every cyclist behind them as well because they have to keep with the flow of traffic otherwise risk causing an obstruction’,” the response added.
“I am disappointed the Met believe drivers can cut across cycle lanes without giving way to everyone that is using the cycle lane, apart only those that would be in physical danger. And that seemingly, the flow of road traffic is more important than the flow of the cycle lane.
“While they seem to ruthlessly pursue mobile phone users and red light jumpers, which is great, they seem to be giving drivers a lot of leeway in this particular case.
“Any driver turning across traffic, which causes other vehicles to slow down to avoid hitting them would surely be guilty of an offence,” Lukas added.
> Near Miss of the Day turns 100 - Why do we do the feature and what have we learnt from it?
Over the years road.cc has reported on literally hundreds of close passes and near misses involving badly driven vehicles from every corner of the country – so many, in fact, that we’ve decided to turn the phenomenon into a regular feature on the site. One day hopefully we will run out of close passes and near misses to report on, but until that happy day arrives, Near Miss of the Day will keep rolling on.
If you’ve caught on camera a close encounter of the uncomfortable kind with another road user that you’d like to share with the wider cycling community please send it to us at info [at] road.cc or send us a message via the road.cc Facebook page.
If the video is on YouTube, please send us a link, if not we can add any footage you supply to our YouTube channel as an unlisted video (so it won't show up on searches).
Please also let us know whether you contacted the police and if so what their reaction was, as well as the reaction of the vehicle operator if it was a bus, lorry or van with company markings etc.
> What to do if you capture a near miss or close pass (or worse) on camera while cycling
> What to do next if you’ve been involved in a road traffic collision
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36 comments
So if the driver indicates and doesn't run over the cyclist inside as he starts to indicate, they can cross another lane of traffic. I'm sure the police will be applying this radical interpretation of the law to all driving situations, and drivers will not be prosecuted for crashing into other vehicles when they change lanes as long as they indicated first.
All reasonable drivers follow the "mirror-indicate-manouver" process, not the "indicate-manouver" system. In any other situation, the police would prosecute the driver as they have clearly broken the law, but because it's only a cyclist......
These are my videos, my point on the 2nd video (clearly the first video the police just made the wrong decision and hopefully have improved their decision making) is that Rule 183 is pretty clear in that it says to give way to vehicles in the cycle lane.
The Met seem to have taken a very narrow interpretation in that only giving way to cyclists that would otherwise physically crash into you, but not those that merely have to slam on their brakes to avoid you.
Wardy - In no other turning situation, turning across a bus lane, turning across oncoming traffic or out of a side road, would it be acceptable to pull out and have other vehicles brake heavily and that considered acceptable driving, so why is it here.
It just smacks of cyclists still being lower down the food chain even on their own segregated infrastructure and with the legal right of way.
Sadly that's about the 4th incident in 6 months I've reported at that single intersection
In this instance the driver was indicating a left turn early enough for the bike to stay clear on the left. You would not often see a driver overtaking on the right whilst the vehicle in the front is indicating that it is turning to the right. Unlike in most close passes where the rider just do not have any choice in the matter, in this one the rider could have chosen to stay behind the indicating car and keep safe.
Keep it up Lukas, and please do not accept the nonsense the Met spun you on that second incident.
Wardy, they are not changing lanes they were crossing a lane. Strangely I have never seen a car driver doing such a manoeuvre to a bus or a black cab when turning across a bus lane.
such petty over righteous behaviour by camera laden city cyclists demanding perfection from other road users is pathetic and unhelpul......lets hope such people are perfect themselves
Poorly designed infrastructure, and although a bit premature at turning in, the driver was aware of the cyclist. Drivers can't really be expected to wait all day for the cycle lane to be free of bikes no more than any road user can when wanting to change lanes. The camera bike was being a bit precious here in my opinion, the car was well ahead and indicating and it wouldn't have hurt to delay his acceleration for a second, not only for his personal safety but that of following cyclists who wouldn't need to second guess the BMWs actions.
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