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Near Miss of the Day 744 revisited: Cyclist “fuming” after lorry driver who nearly hit him head-on avoids prosecution

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

“Fuming” – that’s the reaction of a cyclist who had to swerve sharply to avoid being hit head-on by a lorry driver in Oxfordshire who was overtaking a tractor, but who did not face prosecution since Thames Valley Police believed there was “insufficient evidence to provide a realistic prospect of conviction.”

Posting footage of the incident to Twitter the day after it happened in April, Ruddell Kingston, who tweets as @MuscleClinicUK, said: “The increase in fatalities on #oxfordshire roads has been widely reported in recent months. Which is what this kind of #dangerousdriving and total disregard for life shouldn’t go unpunished.”

We featured the video in our Near Miss of the Day series at the time, highlighting comments from people responding to the video online, including ones describing it as a “near death experience” and “an absolute shocker.”

The cyclist involved in the in incident on the B480 in Chalgrove, Russell Kingston, has now provided an update on what happened with the case – and it isn’t good news.

While Thames Valley Police originally issued a Notice of Intended Prosecution against the lorry driver, he was not prosecuted.

Kingston said that he had been told that the driver had said that “he didn’t see me when he started the overtake, blamed his auto gearbox for slowing him down, and then said ‘the cyclist could have assisted by stopping and moving over’ – which I did to save my life!”

He added that Thames Valley Police “had an opportunity to do the right thing and set an example here but took the easy way out. Not even an awareness course!”

Replying to Kingston’s latest tweets today, South Yorkshire Police’s Sheffield North West Neighbourhood Policing Team said: “It sounds as though they have sent an NIP and interviewed the driver in some form so they've done the hard work.  Victim’s right of review might be the way to go.  Worth contacting the force and asking them to review that decision?”

However, Kingston replied: “Already done that. But was told that scheme doesn’t apply to this matter! Then they went on to say the 6 months needed to bring it to proceedings has now lapsed so they have ‘run out or time.’

Our original article, published in April, appears below.

This extremely close call – which forced the cyclist to take evasive action as a lorry driver barrelled towards him from the opposite direction while overtaking a tractor – has sparked an outcry online, as Twitter users describe the incident as a “near death experience” and “an absolute shocker”.

The cyclist who posted the video, Russell Kingston, a soigneur for British Cycling, said the lorry driver’s shocking overtake showed “a total disregard for life”.

MP urges the government to help make Oxford’s roads safer for cyclists 

Referencing the recent deaths of Ellen Moilanen and Dr Ling Felce, who were both killed after being struck by lorries while riding their bikes in Oxfordshire this year, Kingston said that “this kind of dangerous driving… shouldn’t go unpunished”. 

> Near Miss of the Day 719: Oncoming van driver ignores cyclist — company promises to talk with driver 

Kingston has reported the footage to the police, later tweeting that he was “still glad to be alive”.

Uploaded yesterday, the video has been viewed over 13,000 times on Twitter.

> 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

After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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47 comments

Avatar
wtjs | 2 years ago
1 like

As if any further evidence was required that the single greatest obstacle to safer roads for cyclists is the Police!

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Oldfatgit | 2 years ago
0 likes

Hi Viz doesn't work in the daytime.

The Hi Viz part of a Hi Viz jacket (for example) are the reflective tapes.
The jacket (for example) is merely bright coloured material of no additional reflective or luminous properties.

Take the tapes off a Hi Viz jacket and your just left with a bright jacket.

Try it.

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Sriracha replied to Oldfatgit | 2 years ago
2 likes

Well, no. HiViz is generally a combination of two elements; fluorescents which exploit the UV spectrum of daylight not present in artificial light, and retro-reflecitives which exploit the directional nature of artificial light absent from ambient daylight. Hence HiViz has advantages under both types of illumination.

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Oldfatgit replied to Sriracha | 2 years ago
0 likes

Unless the ambient light is less than the reflected light from the tapes, you might as well not wear it during the day.
The material surrounding the tapes has no additional reflective properties than any other bright material.

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Sriracha replied to Oldfatgit | 2 years ago
2 likes

I think you're missing what flourescent materials do. They absorb UV spectrum and re-radiate it in the visible spectrum. By converting incident UV light (invisible) into visible reflected light, in addition to the ordinarily reflected visible light, they do reflect more visible light than would a similar coloured non-flourescent material. So yes, it does have "additional reflective properties" compared to a non-flourescent material, which is why they appear unusually bright. This only happens under daylight as it has both UV and visible light.

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Hirsute | 2 years ago
1 like

And just on time

https://twitter.com/PassPixi/status/1587445805283172353

Both travelling in the same direction for this one.

Cyclist was invisible or something.

Must be lancs though !

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peted76 | 2 years ago
1 like

Just to point out a bit of the obvious.. 1) that wagon simply can't overtake speed up or brake like a car can. 2) by the time we get to the 'murder pass' the lorry has 'just' passed the tractor I don't think he could have moved back into his lane any earlier.. If I put myself in the driving seat (so to speak) how would/could I or you have reacted.. I honestly don't think there's an good answer. The lorry driver put himself into a position where he couldn't move over, slow down, speed up or stop, but it might have looked safe when he started or committed to the manoeuvre? It's a horrible situation which resulted in him nearly killing someone. 

Saying that, it is still ridiculous that there was no follow up punishment or warnings sent to the driver and demonstrates a laissez-faire attitude to vunerable road user victims and once again a biased attitude to motons. 

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Hirsute replied to peted76 | 2 years ago
5 likes

“he didn’t see me when he started the overtake"

Of which there is no explanation of why, leaving the reader to deduce he did not look or did not care.

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Awavey replied to Hirsute | 2 years ago
1 like

"He didnt see me as significant when he started the overtake"

Is the more likely view he had, he saw the cyclist, but weve all had this experience, simply gone theyll get out of the way as they're just a cyclist, theres room...

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Hirsute replied to Awavey | 2 years ago
2 likes

Yes, given the ‘the cyclist could have assisted by stopping and moving over’

I think you mean driver, diving out of the way to avoid being a KSI.

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IanMK | 2 years ago
2 likes

Shocking decision by TVP. I've said before that I believe TVP have very little interest in prosecuting (persecuting) professional drivers. I had one close pass from a tanker driver. TVP confirmed that they had given him words of advice and then went on to say that he spoke very little English and did not believe that he "got it". Surely the reason that you should be doing more than having a little chat!

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OldRidgeback | 2 years ago
3 likes

That's appalling. Hoe the police have not taken action is also appalling.

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Awavey replied to OldRidgeback | 2 years ago
2 likes

It sounds like they took some action, they interviewed the driver, you dont get driver feedback like this as the norm for close pass submissions, but they, or the CPS then chose to go no further with it for some reason, and I dont know how that works, does it turn into a warning, no further action, it seems a bit odd.

But I posted on the live blog yesterday I wondered if, and in line with the drivers comments they would claim to have started a "safe" overtake, because the video evidence is rear facing only, you cant disprove that, and the bit you are trying to prosecute on is only inferred.

Which a "top lawyer" could exploit the doubt a court might have about what exactly happened in the forward view, which might be enough to derail a successful prosecution. And perhaps unlike other forces TVP are less prepared to pursue cases they arent guaranteed of winning.

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Sriracha | 2 years ago
6 likes

Seems remarkably similar to this video on the BBC [0:27], except that there the person almost killed by the overtaking lorry driver was in a car, whereas here the person almost killed was only on a bike, so I guess its not as serious...
https://www.bbc.co.uk/news/av/uk-england-northamptonshire-59419662

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KDee replied to Sriracha | 2 years ago
1 like

Exactly that Sriracha. If the overtake wasn't safe to complete before an approaching bicycle, then surely it would have been even less safe with an oncoming car/van/truck moving at a higher speed. Or am I being thick as mince again?

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AlsoSomniloquism | 2 years ago
0 likes

Added here as not for a new thread and the cycling footage in the second segment is similar

The Devon And Cornwall Police have released a video of (well they call it dangerous but most seems to be prosecuted as careless) driving offences.

Devon and Cornwall near misses caught on camera - BBC News

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Hirsute replied to AlsoSomniloquism | 2 years ago
0 likes

That removals van driver wasn't stopping for anyone.

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AlsoSomniloquism replied to Hirsute | 2 years ago
0 likes

The third clip (the one used for the thumbnail) has some comments on the twitter thread blaming the SAAB driver as well. "He should have moved across or slowed down as he pushed the blue car into traffic". Erm, blue car emerges into oncoming traffic initially, then tried to bully other driver, and both correctly driven cars were approaching a speed change section so SAAB could have slowed but so did video car so it might appear it didn't.

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Fignon's ghost | 2 years ago
0 likes

Question.

An oncoming vehicle overtakes another vehicle as they approach and pass you on your bike. What's the minimum safe distance between the cyclist and overaking vehicle?

Is it 1.5metres?

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Hirsute replied to Fignon's ghost | 2 years ago
1 like

As long as they have pulled back into their side and are fully over the centre line in good time, then the distance away does not matter.

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AlsoSomniloquism replied to Fignon's ghost | 2 years ago
0 likes

Well the story the other day showed the court still thinks it should be enough distance that it doesn't cause danger to the oncoming cyclists. 

A similar question could also be applied to riding in murder strips / on dual carriageways with parked cars in one lane. Does the paint line remove the need for 1.5 metres minimum?

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Fignon's ghost replied to AlsoSomniloquism | 2 years ago
1 like

I think a head on overtake requires more safe distance (1.5 metres) because the threat of catastrophe is increased. Plus there's the opposing drag.

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TriTaxMan | 2 years ago
2 likes

Oh what a surprise, a significant number of the the comments on twitter are "the lorry driver was wrong but the cyclist should have been closer to the edge of the road and it would have been fine"

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Hirsute replied to TriTaxMan | 2 years ago
8 likes

Only saw a handful

rather more on the lines of "Holy f***ing crapballs. That driver should never ever be allowed to operate heavy dangerous machinery in public spaces ever again."

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brooksby replied to TriTaxMan | 2 years ago
6 likes

That seems to be a common attitude of many motorists: they could have easily squeezed past you in a single lane, if only you had had the consideration to *move into the gutter / *bunny hop onto the kerb / *etc...

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AlsoSomniloquism replied to brooksby | 2 years ago
5 likes

Ask those people to stand next to the platform edge when a non-stop train passes through.

TBH, if the cyclist had been further over and stayed on his "wheels", there is a good chance that he could have been sucked under the back wheels due to the wind shears generated by highsided lorry doing those speeds. 

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Bungle_52 | 2 years ago
5 likes

From the article  : "The cyclist who posted the video, Russell Kingston, a soigneur for British Cycling, said the lorry driver’s shocking overtake showed “a total disregard for life”."

I really hope this spurs British Cycling into action. I regret to say that while they and Cycling UK do lots of good work they have both appear to have been found wanting in relation to getting the police to deal with poor driving on our roads.

May be road.cc could ask for a comment.

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Fignon's ghost | 2 years ago
4 likes

These are the ones we all dread. The head on where you know you have to pull over or....die.

It's happened to me too. I didn't have a camera then. But would've pushed for the cnut to be in chains had I a camera.
Not sure why Russ didn't catch the front shot? But I'm sure he wishes he had the full picture. I hope the police pursue the driver. This could've been a murder charge if Russ hadn't been paying quick attention

All cyclists. If you road cycle. You must wear a camera front and back. Wouldn't you want the chance for justice where you aren't around to make it happen?
ROAD CYCLISTS...
THAT IS WHY YOU ALWAYS WEAR A CAMERA.
FRONT AND BACK!

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stonojnr replied to Fignon's ghost | 2 years ago
3 likes

Russ confirmed in his twitter thread he doesn't have a front camera, only the rear. And yes youd want justice, if the police take this forward and do anything with it.

But decent quality cameras front & rear arent cheap,they can be double sometimes triple the cost of the bike you're riding.

Incidents like this don't encourage riders to tool up with more cameras, it forces them off the roads completely.

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OldRidgeback | 2 years ago
8 likes

That's one of the scariest close passes I've seen. I hope the cops take action.

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