We’re off to Pimlico in central London today for our Near Miss of the Day video, with a Jaguar driver making a punishment pass on a cyclist then insisting he would do the same thing again – and apparently rejecting the offer of a driver awareness course and instead copping a fine plus points on his licence.
The incident, filmed by road.cc reader Silvio – who says on his Twitter bio that he was “was hit by a car in 2011 and started recording my journeys with a camera on my helmet” – and posted to his YouTube channel, happened in July on Belgrave Road.
In the description to the video on YouTube, Silvio said: “A Jaguar driver close passed me whilst having plenty of space to his right on what appeared to be a punishment close pass.
“I politely asked him to leave more space next time, and this could have ended right there with an apology.
“Instead he told me I was taking too much space on the road and that he would do it again.
“As you can see on the video he did not see anything wrong with using his vehicle to intimidate another road user and when confronted he said he would do it again.
“I reported this driver for close passing me, and also careless or inconsiderate driving. He was sent a Notice of Intended Prosecution by the police.
“It seems that either the driver refuse to do a self-improvement course or the police thought the offender did not deserve the usual course as it would not have reflected the seriousness of the incident.
“So, months later I had confirmation that the driver had points of his license and had to pay a fine instead. I hope this is a lesson for him and other drivers!
“Close passing a cyclist is an offence. This means that if you are driving too close to a cyclist, it is possible that you can receive a fixed penalty of 6 penalty points and a above £100.00 fine.
“If the case is brought before the court, careless driving can see you receive anywhere from 3-9 penalty points, a fine of between 50%-150% of your weekly income, or even a discretionary disqualification from driving.
“Let’s don’t forget that most close passes are also pointless as drivers do it only to get stuck in traffic a few seconds later,” he 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
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12 comments
"I'm entitled to more space than you because I have chosen to use an unnecesarily large vehicle in the city"
I ran that through a translator:
I bet points and a paltry fine won't be an adequate deterrent. Maybe a few dents? If you're struggling with that idea then it may help to think of it as helping to feed and clothe a bodyshop worker's family.
MR05TRK
Is it just me or have we had close passes as bad or even worse than this on NMOTD which have had no further action. In Gloucestershire I have been told that there is no offence of close passing but this result would indicate otherwise. Don't get me wrong I think it is an excellent result, I just wish there was more consistency in how these submissions are dealt with.
technically it is true there is no specific offence of close passing, so its prosecuted as a careless driving charge, its a complete postcode lottery though whether your local force are minded to pursue them in that way, and even then the outcomes can change (like with WMP) over time as individuals move on and a new reviewing officer takes a different stance.
the highway code changes may encourage the police to take more affirmitive action with them, but I believe the reason we arent seeing alot of advertising of those changes is because the DfT consider these changes only to be clarifying guidance,not creating new traffic offences. So it will still be down to the police reviewing the footage to decide subjectively, what to do with them.
Thank you Awavey, agree with everything that you've said <thumbs up>
Different police forces and possibly different resources and policies. Maybe there had been a serious accident involving a cyclist on that street/junction and as a result, all 'close pass' complaints are upgraded?
Technically (legally?) Glos are correct in that there isn't an actual offence of 'close passing'. It falls under the definition of Careless & Inconsiderate driving.
The fine isn't much of a deterrent but the points on the licence and the massive hike in insurance premiums will be. As others have said, the driver's lack of care and also lack of understanding as to what causes traffic delays, queues of vehicles at traffic lights, is both predictable and maddening.
Admirably calmly dealt with. We see more dramatic videos but this driver's behaviour and thought process needed changing before he caused far worse consequences.
“It seems that either the driver refuse to do a self-improvement course or the police thought the offender did not deserve the usual course as it would not have reflected the seriousness of the incident."
A NIP in itself does not mean that a course won't be offered; the final outcome is only determined once the driver is identified following the response to the NIP. In this case, a course may have been offered and refused, or not offered due to already having a motoring offence within the last 3 years, or not offered due to the nature of the offence.
It's the pointlessness of the urgency that gets me, just to get to the next queue a few seconds faster, the next red light. It's that there London, you're never going to get anywhere proper fast, especially in such a ridiculously oversized manhood compensator.
And what is it about the no handed driving?
It's not really urgency per se.. it's an attitude problem of not liking cyclists getting in the way of motorists; I cycle commute early mornings when there is little traffic and regularly get the same driver close pass me, even though he has plenty of room to overtake leaving plenty of space; he is sending a message that cyclists don't belong on 'his' road.
I loved how the drivers arrogance talked himself into getting a fine here