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Near Miss of the Day 551: Close pass leaves cyclist in shock – driver then offers to donate to charity to stop case going to court

Our regular series featuring close passes from around the country and beyond - today it's Ireland...

The driver who gave a cyclist in Ireland this ultra-close pass offered to make a contribution to a charity of his choice to stop the case going to court – but the rider was having none of it, deciding it was “too little, too late and simply a cynical effort to avoid a prosecution.”

The incident happened near Bantry, County Cork, in September 2019, and we’ll let the road.cc reader who submitted the footage – and who wishes to remain anonymous – take up the story.

“While cycling towards Bantry on a clear and pleasant day, I was overtaken safely overtaken by a number of vehicles. I then checked behind on the approach to a notoriously dangerous junction to observe further traffic coming on from behind.

“At this point I moved out slightly to take primary position in advance of the junction. As I passed the junction, I heard two short sharp blasts of car horn from behind (unfortunately, not audible in the video).

“Almost in reflex, I stretched out my hand by way of asking the driver – ‘What the fuck am I supposed to do here – where do you expect me to go?’. You will see my right hand leaving the shifter.

“I braced myself for a punishment pass, but to my surprise, the white BMW overtook in an orderly fashion. As it passed, I looked to my right expecting to see a grumpy head or a wagging finger, but there was none. The BMW was occupied by a middle-aged gent and a female companion with the driver focused on the road and driving with care.

“Then it came!

“Need I say more? I have never been so dangerously passed or felt so totally helpless on a bike. The simple gust of wind which would have resulted in my grave being opened, thankfully, never came.
“After the initial shot of adrenaline had subsided, I found myself, a few minutes later, walking aimlessly around a hardware store in which I had no business to do whatsoever - I can only surmise that in my shock I choose to get off the road to recover for a little while.”

He continued: “Having reflected on the event, and reviewed the footage, I decided that the correct course of action was to make an official complaint. I submitted the footage and made a statement with the gardai (police) at the local station. The garda responsible for handling my complaint dealt with it in a very professional manner, and kept me informed at all stages of the process, for which I am most grateful.

“Shortly before the case came for hearing (about 3 weeks ago), the garda was contacted by the defendants' solicitor offering a written apology to me and a monetary donation to a charity of my choice (amount not specified).
“I considered his offer but decided it was too little, too late and simply a cynical effort to avoid a prosecution. I decided to leave the matter run its course, allow the law to be exercised, and to live with the decision of the judge.

“The case was up for mention last Thursday. I am informed by the prosecuting garda that the defendant, through his solicitor, offered a charity donation while pleading guilty. He received a conviction for careless driving with attendant penalty points (3 I think?).

“He will furthermore have to pay for the services of his solicitor and face a loading on his motor insurance at his next renewal.

“Hopefully, when he encounters cyclists on the road in future, he will remember to afford them due care and attention.”

> 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

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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13 comments

Avatar
wtjs | 3 years ago
6 likes

 

 conviction for careless driving with attendant penalty points (3 I think?). He will furthermore have to pay for the services of his solicitor and face a loading on his motor insurance at his next renewal

Well done! Those points cheer me up, even if it's only 3. 

Avatar
OldRidgeback | 3 years ago
6 likes

That's a bad one and not accepting the 'charity donation' was the right move. The driver of the white BMW showed exactly how a safe overtake should be made, and then the second drove dangerously. The fine, penalty points and extra insurance costs will make the driver think carefully next time.

It might have been amusing to say to the lawyer a million Euros (and no less) to the charity of choice would be acceptable.

Avatar
wycombewheeler replied to OldRidgeback | 3 years ago
3 likes

OldRidgeback wrote:

..The driver of the white BMW showed exactly how a safe overtake should be made, ..

it's notable that a stream of cars will often follow the example of the one in front, so if the first car passes well, subsequent cars will without a great deal of thought follow the same line and give a safe pass also.

UNLESS

a) something is coming the other way

b) the driver is a malicious psycho looking to intimidate cyclists off the road by endangering their lives.

It doesn't like like a applies in this case .....

Avatar
Fifth Gear | 3 years ago
7 likes

The cyclist was spot on in refusing the "apology". I once stupidly accepted an apology from a driver in lieu of prosecution and immediately regretted it when the very close pass at high speed was described by the driver as a "skilled manoeuvre". It is just incredible that Wilts Police considered it acceptable. Never accept an apology via the police who always say the driver apologised. Apologies like this are very rarely genuine.

Avatar
Dicklexic | 3 years ago
3 likes

Is it safe to assume that the blasts of the horn were from the offending driver, perhaps trying to 'encourage' the BMW driver to overtake, which thankfully they did safely? The Honda driver no doubt then decided to vent their frustration by making a deliberate and completey unwarranted close pass. I'm glad that the Garda took it seriously enough to put forward for a prosecution.

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zero_trooper | 3 years ago
5 likes

The 'charity donation' is a bit of a red herring. This was a terrible pass. No doubt deliberate.

Well done for the successful prosecution.

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panda | 3 years ago
7 likes

Hmm.  It seems odd to me that anyone would go to such lengths to avoid 3 points, and I'm sure their solicitor would have advised them that you have to do a lot more than *nearly* kill a vulnerable road user using a car as a weapon to get a more severe sanction than that ... I'm going to hazard a guess that they already had points on their license and an incremental 3 or 6 would mean either a temporary loss of license or heavy insurance premium loading.  Here's hoping.

 

Avatar
Bungle_52 | 3 years ago
7 likes

It sounds like the Garda dealt with this in an exemplary manner. I wonder what the outcome would have been in England.

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lukei1 replied to Bungle_52 | 3 years ago
2 likes

Lets not pretend the Garda are any model of competence, nor that this is typical of how they handle close passes, as the story of the guy getting ticketed after reporting close passes show

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Oldfatgit | 3 years ago
8 likes

"charity donation" ... or attempting to pervert the course of Justice.
Was the offer recorded?

Avatar
hawkinspeter replied to Oldfatgit | 3 years ago
0 likes

Oldfatgit wrote:

"charity donation" ... or attempting to pervert the course of Justice.
Was the offer recorded?

Sounds like it was recorded:

Quote:

I am informed by the prosecuting garda that the defendant, through his solicitor, offered a charity donation while pleading guilty.

I'm thinking that the driver might have actually been repentant due to the pleading guilty.

Presumably the offer wasn't perverting the course of justice if it was accompanied by a guilty plea, so I'm thinking that the cyclist mis-interpreted a gesture of good-will. Alternatively, I haven't powered up my cynicism with enough coffee yet.

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eburtthebike replied to Oldfatgit | 3 years ago
0 likes

Oldfatgit wrote:

"charity donation" ... or attempting to pervert the course of Justice.
Was the offer recorded?

I was thinking the same.  Surely the offer was illegal?

Avatar
Jetmans Dad replied to eburtthebike | 3 years ago
1 like

eburtthebike wrote:

Oldfatgit wrote:

"charity donation" ... or attempting to pervert the course of Justice.
Was the offer recorded?

I was thinking the same.  Surely the offer was illegal?

Regardless of the competence or otherwise of the police, it does seem unlikely that both the defence solicitor and police force would allow this offer would be passed on if it was illegal. 

I am no expert in the Irish legal system, but if ultimately the victim of a particular crime has the right to opt for a prosecution not to proceed, I imagine offers like this are part and parcel of that process. 

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