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news
“Absolutely vile” – Cyclist slams Staffordshire Police after it tells him no prosecution of drivers based on video footage if no injury or damage involved
A cyclist who regularly submits videos of close passes to Staffordshire Police has described the force’s attitude towards such footage as “absolutely vile” after he was told in an email that it would only consider referring drivers filmed endangering cyclists for prosecution when injury or damage had happened – and then, only where there is “concrete evidence and that the matter is in the public interest.” The police force has since said that “often education is the most suitable option.”
Twitter user Pompey Cyclist, who lives in Staffordshire, tweeted an image of part of an email he had received from Staffordshire Police in response to the above close pass that he had sent them.
@StaffsPolice have pulled a new policy out of their arse. pic.twitter.com/m9s8RA4UD8
— Pompey Cyclist (@PompeyCyclist) June 18, 2021
“If no one is injured and the vehicle is lawfully on the road, then a warning letter is suffice [sic], highlighting the incident and their obligations whilst overtaking a cyclist,” he was told.
“If there is injury and or damage then a course or prosecution is considered again depending whether we have concrete evidence and that the matter is in the public interest.”
He told road.cc that “the comment in the email was said as a general statement as I asked what has to happen for someone to be dealt with properly if not be a foot away from them at about 40mph.”
He also highlighted an earlier video (see below) that he had sent to the force of a very close pass by a lorry driver, saying that police “refused to do anything except send a letter. I exhausted the complaint and appeals process with this one and I think four or five different people were all involved and all agreed that not bothering to do anything was the right thing to do.”
He continued: “It's just failure after failure and incompetent cop after incompetent cop with this police force.
“They were awful, then sorted themselves out a bit after I reported drivers and raised about 15 complaints in a year.
“Now they've reverted back to being completely useless and it's just frightening that they have cops who literally say ‘we won't do anything unless you're hurt or killed’. “Absolutely vile attitude,” he added.
We contacted Staffordshire Police to ascertain whether the comments in the email reflected the force’s official policy, as well as requesting details of their submission guidelines and asking when they last conducted an operation targeting close-passing drivers and what the outcome was. At the time of writing, we have not received a reply.
Keir Gallagher, Cycling UK’s campaigns manager said: “Close passing is not only incredibly dangerous, but it’s also hugely intimidating – which is why Cycling UK has campaigned for the Highway Code to include minimum safe passing distances, changes we hope to see introduced shortly.
“However, education and guidance must be backed up by police enforcement, and just as they would not turn a blind eye to a speeding driver because there was no collision, police should not be waiting for an injury or fatality before taking action against dangerous close passing.
“If this is indeed the policy of Staffordshire Police, it risks sending a dangerous message that drivers who put cyclists and other vulnerable road users at risk will be treated with impunity.”
He added: “Cycling UK will be writing to Staffordshire police to seek the details of their policy – and the reasoning behind it – and to raise concerns about the serious implications it could have on road safety within the region.”
We heard back from Staffordshire Police the day after this article was published, with a spokesperson telling us: “With regards to ‘close pass’ incidents, this is not a specific offence and in reviewing the evidence we have to decide whether the offence of driving without due care and attention is met, when the standards of driving fall below that of a competent and careful driver.
“Each case is assessed on its individual circumstances and an injury will not ultimately be the deciding factor.
“The key aim for the police is to reduce these incidents and keep all road users safe, often education is the most suitable option. A warning letter may be appropriate dependent upon the circumstances, where this doesn’t apply we consider education through driver awareness courses and prosecution if the previous two options are not suitable.”
The spokesperson added: “We will raise awareness of the process with officers across the force.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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81 comments
I fully understand the frustration that must be felt with dealing with a force with this attitude. But try dealing with Polis Scotland. They avoid all this controversy completely by not providing a conduit to upload videos in the first place.
Now that's how to save money and resources.
Call them using 101 and get a crime reference number, and an email address.
Make a low Res snap shot of the actual incident (not events leading to or after), and then email with the crime ref in the subject line, and brief statement and your contact details.
You'll get a phone call a day or so later from a local officer who will make an appointment to review the video with you ... Just remind them to bring a memory stick with them and they can take the evidence away with them, sealed and signed with your statement.
You'll get a phone call a day or so later from a local officer who will make an appointment to review the video with you
Is this some sort of Shangri-La? In Lancashire you won't get any calls or response from anybody no matter how serious the offence or how good the evidence. You can email who you like in Lancashire Constabulary and there will be no response. Whatever you send in on the online incident report system is immediately filed in the bin. I'm sure biker_phil would support me on this.
No surprise there. I submit footage occasionally to Derbyshire Police, but only when I consider it dangerous, not just a bit close and have never even had a reply yet. I think they will only bother if their is bood or death. #can'tbearsed
I wonder if you could use the "no damage or injury" excuse for any driving offence the police stopped or reported you for while driving? (Speeding, no insurance, red light jumping)...
Just what I was thinking, all those speed cameras generating all those warning letters…
Look Dad, I got a letter from the police moaning about my awesome driving. You know that cyclist I almost took out. Nearly killed the tit and all I got is this letter.
Well done son, carry on.
Yep, this is how I think of them. It's a "you got away with it" letter or a "what you did is acceptable" letter.
It beggars belief; I don't understand it. It's as clear as anything; that is a close pass. In an alternative world, that should 3 points and a re-test.
This is ultimately a reflection on the lack of resources available nowadays through both funding and political direction with establishment of the pcc position. Enforcement is impossible after 10+ years of austerity contributing to a dramatic reduction in police numbers, all whilst the population had increased and politicians add layer upon layer of new laws. There is simply not enough mention of funding, if we're to have a police force that can genuinely allot time to enforcement, we need to pay for it. The same applies to the legal system more broadly, starved of funding, demonisation of legal aid and 'ambulance chasers'...t the list goes on.
It's a very sad state of affairs but the police themselves are not the source of the problem. I recall learning to drive in the 90s, and subsequently getting pulled over by police at least two or three times a year, air was routine to see police cars out on the road. Now I seem to be able to travel huge distances on country roads, urban roads, motorways etc without even seeing a marked car.
Is everything such an extreme in your little world?
Surrey Police will have hundreds of staff, officers and civilians. If part of the job of a couple of those staff is to operate the force's social media accounts and get involved in appropriate threads that in no way equates to Surrey Police "having so little to do that they roam Twitter all day".
I follow this account and I imagine it's the passenger of a car while they're just knocking about and it's a bit quiet.
Staffordshire police for whatever reason did get reduced in a disporportionate manner compared with other forces, probably as it had lower historic crime rates. It is now undertaking a recruitment drive but this will take some time to build up trained police officers. This may be reflected in the desire to send a letter out as this takes far less resource, it is an incorrect attitude and as cycling UK states sends the wrong message. It is a very unsatisfactory direction that police forces wish to go towards as it is much harder to be consistent and be respected.
Except that all police forces have had the same cuts, but most follow up these cases and achieve significant numbers of convictions; why can't Staffordshire?
I've got an idea. The people submitting the videos are the ones catching the criminals in the act, for free. Have a very low paid admin type person with a clear set of rules reviewing the copious amount of footage they will receive. Points and fines handed out electronically. Gold mine! Use the funds to pay for more Police.
At no point have I been told it's a lack of resources. I'm dealing with these cops and they repeatedly prove to me that they're ignorant of what they're looking at and bad at their jobs. They have plenty of time to argue against prosecuting drivers which other forces would have no issue with prosecuting.
I doubt Staffordshire are the only ones applying this at the moment, but I dont think youll ever get an official confirmation that this is the current policy.
I think this is still part of the covid response rules some forces are following, and some admitted to publically last year they were doing, where motoring offences are being handled in the main just with warning letters, not prosecutions even if in normal circumstances theyd warrant a NIP, unless the incident resulted in injury, simply to alleviate case backlogs in the courts system.
This is the same with Thames Valley Police, warning letter, reg/driver noted, if the car/driver commits again, then they may taken further action.
TVP are fucking awful. As are Hampshire, Derbyshire, Merseyside and Cheshire. I've never dealt with a force that isn't useless.
Yep, that's modern policing for you. A set of lazy twunts the lot of em.
I'm assuming evidence would be a screenshot of the offending tweet/message because all they seem to care about is catching name callers on social media, not actual criminals.
So carte blanche to do anything you want on Staffordshire roads as long as no one is killed. Jump a red light, get a letter, drive on the wrong side of the road, get some kindling, do 70mph in a 30, get some materials to use to test aerodynamic shapes in the air.
I'm actually assuming they will class the above under not lawfully on the road (also assuming that bit of crapness wording means not breaching other laws and not just meaning tax, mot or insured) but being as they seem to be ignoring DWDCaA on the clips sent, I might be right the first time.
Something to take up with the new Policing Commisioner for the area or the MP?
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