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Near Miss of the Day 527: Land Rover driver passes between cyclist and fuel tanker

Our regular series featuring close passes from around the country - today it's South Gloucestershire...

Today’s near miss involves a driver who can’t wait for a fuel tanker to overtake a cyclist and so decides to pass between them.

The incident occurred on the southbound A38 at Almondsbury in South Gloucestershire in September.

“The tanker in the outside lane meant there wasn't enough space for a safe pass, but this driver chose to squeeze past anyway,” said James who submitted the footage.

“It was reported at the time to Avon and Somerset Police, but I know nothing of the outcome save that a warning letter, fixed penalty or prosecution resulted.”

As we’ve previously reported, while many forces provide updates on such incidents, Avon and Somerset Police are among those who effectively treat close passes of cyclists as a “victimless crime” by regarding those on the receiving end as merely witnesses.

The upshot of this distinction is that it does not provide information about an investigation in compliance with the Victims Code of Conduct.

Cycling UK has previously said that in treating a cyclist submitting evidence as only a witness, the implication is that their report isn’t been taken seriously.

It doesn’t quite qualify as a ‘spate’, but this is actually the second close pass by a Land Rover driver near Bristol that we’ve reported this week.

> 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

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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34 comments

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Ad Hynkel | 3 years ago
0 likes

What is that reg plate "0003 JTR" format? Is that Jersey or something? I saw another one on the road today and haven''t noticed them before.

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Arjimlad replied to Ad Hynkel | 3 years ago
0 likes

The two letters at the start of the registration are a geographical code. In this case it's Oxford.  

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Cadenza64 | 3 years ago
7 likes

Good afternoon all. I'm Mr. f**king Angry and it's nice to meet you all. I'm hoping you can assist me in channeling my rage constructively. 😉
Seriously, I've seen a frightening increase in close passes and unbelievably dangerous driving on my daily commute in recent months and the issue that I really struggle with is, that in most cases, the drivers could not give a flying fcuk about the danger, fear or risk to life that they cause. They simply do not care.
I knew it was bad out there but, suddenly having a lot of time on my hands thanks to a reckless driver wiping me out on a roundabout and gifting me a broken pelvis, I've masochistically suffered the emotions of all of you by watching all your close pass videos. I don't currently sport a cam, but that will be resolved in the coming week.
Anyway, I know there is no easy answer to my major question, but why is our safety and our lives worth so little in the thoughts of these people?

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Sriracha replied to Cadenza64 | 3 years ago
6 likes

I think at the most basic level they think it's your fault, for cycling on "dangerous road". It's as if you were a canoer canoeing down a dangerous river - obviously it's not the river's fault if you come a cropper. They don't understand the difference. They don't want to.

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eburtthebike replied to Cadenza64 | 3 years ago
3 likes

There are many reasons; we're an out group, so not like real people, the media is almost entirely anti-cyclist, the laws are pathetic and the chances of drivers paying for their callous indifference is tiny, life isn't fair.  I'm sure there are plenty more.

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wtjs replied to eburtthebike | 3 years ago
1 like

 we're an out group, so not like real people, the media is almost entirely anti-cyclist, the laws are pathetic and the chances of drivers paying for their callous indifference is tiny

I think that's a bit unfair on 'the media'- it's mainly the hyper-junk media- principally Mail, Express and Sun. They, along with the police and (to a slightly less extent, the courts) are The Enemy. Otherwise, agreed!

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eburtthebike replied to wtjs | 3 years ago
2 likes

wtjs wrote:

 we're an out group, so not like real people, the media is almost entirely anti-cyclist, the laws are pathetic and the chances of drivers paying for their callous indifference is tiny

I think that's a bit unfair on 'the media'- it's mainly the hyper-junk media- principally Mail, Express and Sun. They, along with the police and (to a slightly less extent, the courts) are The Enemy. Otherwise, agreed!

OK, show me some media which gives cyclists a fair shot.  Which shows that cycling has incredible health benefits, reducing diabetes, cancer, obesity and death.  Show me some media that reports that cycling reduces congestion.  Show me some media that reports that cycling reduces pollution, or climate change or inequality.

Almost all the media for the past forty years at least, has ignored cycling whilst promoting cars, electric cars and everything except cycling.  The real problem in the UK is that the media is owned and controlled by drivers, including the BBC, and there simply is no such thing as a free press.

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GMBasix replied to eburtthebike | 3 years ago
1 like

That's a long list of boxes to tick, but fair enough.  "Some media" is a tall order, but one medium is here:  https://www.theguardian.com/lifeandstyle/cycling. 

To a lesser extent (given the list of objectives) you could try another medium at https://www.independent.co.uk/topic/cycling?CMP=ILC-refresh... although that does include a lot of "things you need to kniow before you buy a helmet" (and falls into the presumed effectiveness line) and "top ten best widgets" types of articles.  But even the bike media are "guilty" of those articles.

Tricky, isn't it!

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eburtthebike replied to GMBasix | 3 years ago
0 likes

Fair enough, there is the odd exception, but that serves to show quite how bad are all the rest.  I gave up reading the Guardian many years ago when they had a centre page spread about a modular car, on bike to work day.

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Bungle_52 replied to Cadenza64 | 3 years ago
2 likes

Get a camera, find out how to submit footage to the local police, and bombard them with footage. Not normally a shortage unless you wear the camera on your helmet which does seem to cut down on close passes a little. When you get unsatisfactory responses you need to contact the local PCC as in NMOTD 528. It may not work but I can't see a better way at the moment. I've started the process in Gloucestershire. Sadly no progress so far but it's early days yet, they only put a proper system in place in November 2020. I began submitting footage in August last year.

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zero_trooper | 3 years ago
5 likes

I thought that the driving was shocking, but the police response is almost as bad. From the article it appears that this 'no update' is official policy. You report an incident, you get an acknowledgment (?) and then nothing. You have no idea if they did anything at all.

Disgraceful!

EDIT: I've re-read the article and apparently there is a positive outcome, you just don't know what, which is strange.

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Jetmans Dad replied to zero_trooper | 3 years ago
0 likes

zero_trooper wrote:

I thought that the driving was shocking, but the police response is almost as bad. From the article it appears that this 'no update' is official policy. You report an incident, you get an acknowledgment (?) and then nothing. You have no idea if they did anything at all.

Disgraceful!

EDIT: I've re-read the article and apparently there is a positive outcome, you just don't know what, which is strange.

There are a number of police forces around the country who treat the recipient of a close pass as a witness to an offence rather than a victim (because, obviously, you can only be a victim if they actually hit you).

That status means they don't need to tell you anything. 

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zero_trooper | 3 years ago
5 likes

The front and rear camera set up is the way to go. You get a much better perspective.

I actually thought that the Landrover driver hadn't actually seen the cyclist 

But from the rear view you can see that it's completely deliberate no

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Hirsute | 3 years ago
5 likes

Meanwhile
https://petition.parliament.uk/petitions/549207

What is the pass rate ? 50% or so?

No wonder driving standards are shit.

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bobrayner | 3 years ago
0 likes

What's most surprising is that the Almondsbury Interchange on the A38 is still open. I've stayed in a lot of crap hotels which deserved to go out of business, and this one was wilfully crap. I suppose there will always be travellers who are desperate for accommodation and willing to overlook some 1-star reviews...

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Rendel Harris | 3 years ago
6 likes

Another bloody shocker. Sickening. Thrown into sharp relief by the excellent behaviour of the preceding drivers showing it's really not that difficult to obey the Highway Code.

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Hirsute | 3 years ago
14 likes

What is the answer to this ? I posted yesterday I had 3 close passes in a national lockdown. It's no good a letter or take 3 points, there needs to be a practical demo too of what is actually like on the receiving end. Maybe the driver should be made to sit down with the victim to understand that it is an actual crime with a real victim. Accompanied with a frame by frame replay.

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wtjs replied to Hirsute | 3 years ago
2 likes

It's no good a letter or take 3 points, there needs to be a practical demo too of what is actually like on the receiving end.

There isn't going to be any 'practical demonstration', but there could be points- this is the only worthwhile outcome. The letters are worthless because the institutionally bone-idle police will make sure they mistakenly fail to notice any previous 'warnings' when the driver does it again.

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Hirsute replied to wtjs | 3 years ago
1 like

But does 3 points make any difference even to insurance? My wife got 3 points for speeding on the A1 years ago. Insurance company treated it as business as usual and the premium was unaffected.

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wycombewheeler replied to Hirsute | 3 years ago
3 likes

hirsute wrote:

But does 3 points make any difference even to insurance? My wife got 3 points for speeding on the A1 years ago. Insurance company treated it as business as usual and the premium was unaffected.

a single sp30 is like that because they are so common, insurance company view is (I assume) that the difefrence between someone with one speeding offence and someone with none is the one with none was lucky.

3 points for other offences may be treated differently. And multiple speedinign convictions makes a difference.

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zero_trooper replied to wycombewheeler | 3 years ago
0 likes

https://www.keithmichaels.co.uk/convicted-driver-car-insurance/info/conv...

I assume that certain DL offence codes are treated differently by motor insurance companies.

 

 

 

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zero_trooper replied to wtjs | 3 years ago
0 likes

Quite, you can't ignore three points on a driving licence.

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IanMK replied to Hirsute | 3 years ago
2 likes

There are speed awareness courses and I even know someone who took a smart motorway awareness course. They aren't issuing 3 pointers in 'marginal' cases so they can't offer the alternative of a course. Either that or they know that the animosity towards Cyclists is so ingrained that they'll never change the way these shits drive.

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eburtthebike replied to Hirsute | 3 years ago
5 likes

hirsute wrote:

What is the answer to this ?

Root and branch review of the legal system as it applies to roads, as what we have now clearly isn't working.  Just like the government promised seven or eight years ago?

Road laws were written by drivers, for drivers; we need laws written by the vulnerable for the vulnerable.

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stonojnr replied to eburtthebike | 3 years ago
4 likes

we can have all the laws on the statute books we like, but if theres no enthusiasm or effort to enforce them, and no recognition among the general public at large they need to follow them, then a cyclists lot on the road wont improve one bit.

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eburtthebike replied to stonojnr | 3 years ago
1 like

stonojnr wrote:

we can have all the laws on the statute books we like, but if theres no enthusiasm or effort to enforce them, and no recognition among the general public at large they need to follow them, then a cyclists lot on the road wont improve one bit.

One of the reasons that there is so little enthusiasm for prosecuting dangerous and illegal driving is the difficulty of proving it, because the laws are so vague and ill-defined.  Who wants to waste time on a court case that the jury will not convict on?  If we had laws which were much clearer and therefore easier to convict on, I'm pretty sure enthusiasm would rise.

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ktache replied to eburtthebike | 3 years ago
2 likes

Relating quality of driving to standards in the Driving Test would be a start.

Removing some of the subjectivity.

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eburtthebike | 3 years ago
15 likes

South Glos; I'm so glad I left.  The council and Highways England have done nothing but make the A38 more dangerous for cyclists and pedestrians.  I took the leader of the council on a bike ride up and down it for about four miles, during which I pointed out a dozen places where the council had failed to carry out its own policies; he took it all on board and immediately absolutely nothing happened.  I took a police superintendent around the Almondsbury roundabout and he said it was dangerous; has it been fixed?  Of course not.

The council's policies are wonderful though, as attested by the English Regions Cycling Development Team's investigator, who gave them full marks.  Unfortunately, he neglected to talk to any actual cyclists, so it was a bit like asking a politician how well they're doing without talking to any constituents.  Talk about amateurs; no wonder the ERCDT disappeared without trace.

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sensei | 3 years ago
17 likes

Every time I watch these it makes my blood boil. How people can value saving a few seconds over someone's life is beyond me. These people lack understanding of how it feels to be on the receiving end of a truly dangerous close pass. As an add on to my comment on 526, I think the closer the pass, the longer the instant ban awarded and anyone that has either clipped or come within 10 cm should have to face a minimum instant ban of 5 years and be put through a simulated close pass so they understand what it feels like.

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Muddy Ford replied to sensei | 3 years ago
10 likes

I doubt this was motivated by saving a few seconds, and more about utter contempt for a cyclist and the ability to intimidate the cyclist with no chance of retaliation. There needs to be a law change that requires all police forces to treat close pass videos as evidence of a road traffic offence, and for their responses to be available for scrutiny. If they cannot justify 'no action taken' then the culprit must have points and a fine as the minimum. No warning letters, it is an offence that could have resulted in death. Would they give someone swirling a hammer in someone's face a warning letter?

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