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news
Near Miss of the Day 332: Oncoming driver *skims* cyclist without slowing
Today’s near miss is about as close as they come. Driving on a narrow country road, the motorist appears to make no effort to slow down or in any other way make allowances for a large group of cyclists who were coming the other way on a Sunday club run.
The incident occurred on Messuage Lane in East Cheshire in November last year.
Jeanette, the cyclist who was skimmed by the car, said: “We were a group of nine cyclists riding two abreast and I was in the last pair, on the outside, with just one rider (with the camera) behind me.
“There was perfect visibility and the driver was going very fast, but he did not slow at all or move to left as he approached.
“The cyclists in from shouted ‘car down’ and we attempted to single-out, but I did not have time due to his excessive speed – although you can see from video that I was in the process of moving to left (thank God).
“He missed me by less than 0.5cm.”
Jeanette sent the video and a statement to Cheshire Police. “An officer told me it was the closest near miss he had seen and they would prosecute.
“Unfortunately, due to an admin error, the notice to the registered owner asking who was driving did not get sent within 28 days. (It was sent to me instead and I assumed I’d just been copied in).
“When I asked police how the case was progressing they realised their mistake, but by then it was too late apparently. How ridiculous.
“Anyway, the police officer was very upset and apologetic. He kept in touch with me and apologised and told me how I could make an official complaint against the police but I chose not to.
“He did visit the registered owner with the video to show him and have a word, but was told he was in Australia for a month.
“He left messages asking him to contact police on his return but he never did, so he got away scot-free despite almost killing me.”
> 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.
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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46 comments
If Jeanette or anyone who knows her is reading this, can you ask if she would get in touch with the Cycling and Walking Champion for Cheshire East Council, my wife Councillor Suzie Akers Smith?
Suzie.Akers-Smith [at] cheshireeast.gov.uk
Since the local elections last May my wife has been post and there has been a sea change in attitude throughout the borough council (the Conservatives lost control) towards cycling, cyclists and walkers.
We live less than a mile from Messauge Lane where the incident occurred and my wife has been engaging with Cheshire Police regarding a close pass initiative; a local one in Congleton is planned for the spring.
My wife would like to speak with Jeanette regarding the incident and a possible way forward. If I don’t get a response here I will contact the club direct.
Thanks all
PP
Sending a letter to the victim rather than the suspect isn't a resourcing issue.
There is no time limit for prosecuting a Dangerous Driving charge. Over to you, CPS & Cheshire Police.
IIRC (I retired from the police some years ago) there may be no time limit for prosecution (I thought that it was six months from the actual incident/when offender reported (?) to issue of summons to court).
However, you would still need to send off the NIP within 14 days of the offence, or you can't prosecute. Unless of course an NIP isn't required for dangerous driving. But it is/was required for due care and reckless driving.
Be good to remember amongst all the police don't care rhetoric thats endemic on here that there have been huge cuts in policing and police support services in the last decade . So if you want a change to that remember to cast your vote correctly.
As a counterpoint to the anti-police comments on this site, remember that there's been coverage of West Midland's Police initiatives and that they've largely had very enthusiastic endorsements.
But yes, can we stop voting in self-serving idiots please?
Let's not forget that every police force now has a vastly overpaid police and crime commissioner that we voted in and is there to hold the police forces accountable to the public. Use him!
The overpaid police and crime commissioner will be more interesed in vote catching gimmicks than effective serious crime prevention. Thats why they are a rubbish idea foisted on us by the very competent Cameron govt which also gave us the enormous success of the referendum and Brexit.
Not quite true; the Avon & Somerset lady commissioner did shift resources into road policing, at least partly because of representations from cyclists.
Ok, that's fair. But hey, for my part, I doubt they'd be any more effective sans cuts
Tim, you wrote "the riding wasn't the best". It might not be what you implied, but it doesn't matter - many drivers will infer that if the riding isn't exemplary, the driver can crack on as if there are no riders present.
Of course all road users should use the roads responsibly, but as the saying doesn't go, with greater power comes greater responsibility.
Strange irony in that the plate is RCC! For those with small screens, that number plate is RCC 9. That's a blue metallic 4x4, numberplate RCC 9. Suggest everyone in Cheshire keeps an eye out and ensures the driver is afforded every possible courtesy.
Tim, the thing is, if you criticise that riding (which actually seemed perfectly reasonable to me, given the road), you are excusing, at least partly, the shitty driving. People hear that riders should be held to higher standards than drivers, simply because riders are at risk from drivers rather than vice versa. And, no, we shouldn't expect to wait until all riders behave like saints before drivers stop threatening our lives on the road. Drivers have to take a (ludicrously easy) test and hold a licence. Riders don't, and drivers should account for this, even if they do appear to be experienced.
"Sorry to inform you of the death of your 11 year old daughter when she was close-passed, but she was wobbling into the middle of the lane at the time."
Not sure where you thought I excused the driving? Also not sure where you thought I said about cyclist riding at "higher standards" than drivers? You can twist things however you like but all I was saying is "all" road users should use the road responsibly. If you have a problem with that thats up to you. I can't see why anyone should have a problem with that idea?
Becuase it elides the fact that some road-users irresponsibility has vastly greater negative effects than do others, and thus is vastly more important.
I think you are just fighting a different battle.
For me, the main issue is not even the specific cases of death or injury of cyclists on the roads now - it's the deterrent effect that awful driving and inadaquate policing has on non-cyclists taking up cycling (or even the generally-inert walking a bit more).
Even if you could persaude every single existing cyclist to improve their road technique, the reduction in deaths and injuries would be tiny (for one thing most of the KSI are down to bad driving). Whereas if motorists were forced to improve their behaviour the reduction in premature deaths and ill-heath would be vastly greater, becuase not only does their bad behaviour kill more people directly, reducing it would allow far more people to keep physically-active.
Curious what the stats are for this sort of failure with NIPs. Nationally and comparing different police services. Do they even bother to compile such stats?
Also - why are NIPs only a thing with motoring offences? Is there anything equivalent for other crimes? Or is this yet another chance for irresponsible drivers to escape consequences, that other crims don't get?
Something which the review of road offences will address I'm sure; the one announced in 2014.
Awfull driving by an obvious cnut. It's no excuse for the driving at all but the riding wasn't the best either. If your riding 2 abrest on a small lane you have to keep it tight. I couldn't hear any warning from the front of the group either? Just a loud last minute "slow down". We are very vulnerable on the roads and must look after ourselves and each other as there are complete imbeciles like this allowed to drive.
And as someone said, great mudguard flaps.
So why mention it?
How long do the police have to arrest someone for attempted murder? I don't see any difference between this and firing a bullet, swinging an axe or lunging with a knife at someone, only for them to dodge and see the weapon miss them by half an inch.
Drive at a police motorcyclist like this and see what happens. My guess is that they won't send the paperwork for some watered-down non-offence to their own house.
Victim should definitely complain, and copy in their MP and Regional Police and Crime Commissioner. The police response is shambolic.
As I expected. You can't say a bad word about a cyclist on here.
We also have responsibility for ourselves. I mention it as the rider in question was in the middle of a narrow road when there was ample room to be a tighter group more to the left. After the incedent the rider was riding completely on the wrong side of the road (but probably pretty shocked). This is no excuse for the ridiculous driving but we all have to hold ourselves to decent standards on the road. These idiots in cars are well protected, we on bikes are not.
The club I ride with keep things tight and soon tell you if your not. I often pass groups of riders who have awful road etiquette. I wont ride sportives because of some of the awful riding. If you want drivers to drive better around cyclists set them an example while cycling. It probably wont work in some cases as some people are just born assholes but we should try.
Clearly you can, because you just did! So not sure what you mean with this.
Personally I just don't care/see the point, in discussing imperfect cycling, as it's irrelevant to the main issue. I don't think it's outrageous or offensive of you to bring it up, or even that you are necessarily inaccurate, but I just don't see what you think the benefit is of discussing it.
It's besides the point - the point being that all of us are at risk from terrible driving and the cops ought to be doing better in trying to enforce the law. I'm not interested in debating the finer points of cycling technique - not least as those same entitled angry drivers also threaten/stress me even as a pedestrian.
Sure you can, you only have to view the 2 items which discussed a 6 or 7 minute compilation of riding in london to see the maker copping flak. Let's not mention tiger crossing either...
How do these time limits on sending the paperwork to the registered keeper or the driver serve justice? Other crimes are (rightly) investigated from decades ago. It's yet another example of how criminal behaviour gets a free pass if done from behind a steering wheel.
Laws need changing asap.
They don't. They're to stop the Hard Pressed Motorists from being used as Cash Cows by the Leftie Liberal Deep State, or some such tosh.
There are time limits so people can be reminded of an incident and therefore mount a defence. This is how they serve 'justice'. Innocent until proven guilty remember...?
Because this isn't a 'criminal investigation', it's a 'road traffic investigation'.
The NIP acts as an aide memoire that the vehicle has been involved in an alleged traffic offence in the last two weeks. The NIP gives the alleged offence(s), the time/date and location. It's to stop registered keepers from getting summonses six months after an incident and them having no recollection of it. Not all road traffic offences require an NIP.
In this incident the NIP is a bit of a red herring. It was issued, but due to a monumental cock-up, to the wrong person!
Poor bastard is probably ashamed they’ve been caught driving around Cheshire in a none Range Rover, bloody peasant
I didn't know Australia was a world-leading centre for the treatment of small penises.
I
Treat them, we’re just like you. We make them Prime Minister…
That standard of driving would just make him blend in here. Though don’t think that lets you off the hook. We stopped taking British convicts in 1868, we’d rather you kept such dangerous people in your own country.
That's some admin error!
AFAIA there's no time limit on when the notice about identifying the driver is sent. As stated above it's the NIP which needs to be sent to the registered keeper within 14 days.
Probably shows something about the morality of the keeper, but if I was 'on holiday in Australia' and the police visited my house, I would be straight on the phone when I got back to find out what was going on.
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