Support road.cc

Like this site? Help us to make it better.

Near Miss of the Day 834: Punishment pass on cyclist lands driver in court

The defence solicitor unsuccessfully argued, as an experienced rider, the cyclist shouldn't have been on the road during rush hour ...

Today's Near Miss of the Day submission comes from across the Irish Sea and landed the motorist a €300 fine and a day in court for careless driving.

Righttobikeit recalls the van driver had been using his horn to try to pressure the driver of the black car, which waited for an appropriate gap in oncoming traffic, to pass before pushing through "aggressively" even with oncoming traffic.

> Near Miss of the Day 833: Oncoming driver forces cyclist to swerve

Moments later when confronted the driver denied ever being on the road, a defence which did not stand up in court...

"Mitigating, his solicitor tried to suggest that I was an experienced cyclist and shouldn't be on that road during rush hour. Judge had none of it," Righttobikeit explained.

> 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

Dan is the road.cc news editor and joined in 2020 having previously written about nearly every other sport under the sun for the Express, and the weird and wonderful world of non-league football for The Non-League Paper. Dan has been at road.cc for four years and mainly writes news and tech articles as well as the occasional feature. He has hopefully kept you entertained on the live blog too.

Never fast enough to take things on the bike too seriously, when he's not working you'll find him exploring the south of England by two wheels at a leisurely weekend pace, or enjoying his favourite Scottish roads when visiting family. Sometimes he'll even load up the bags and ride up the whole way, he's a bit strange like that.

Add new comment

35 comments

Avatar
diggler | 2 years ago
2 likes

I have a horizontal flag which extends 50cm beyond the tip of my handlebar.  This gives me extra space so this type of thing never happens to me.

Avatar
grOg | 2 years ago
0 likes

I'd put a rear facing camera behind the rider..

Avatar
diggler replied to grOg | 2 years ago
1 like

What's the point of that? It still doesn't stop the vehicle from passing too close. My horizontal flag stops people coming too close.

Avatar
Mybike replied to diggler | 2 years ago
0 likes

He means the person who took the vid should put his camara behind the rider so the camera is not being blocked by the rider Also if the car hits your flag then what happens it also make your bike wider so you also have a chance of hitting someone too

Avatar
diggler replied to Mybike | 2 years ago
1 like

My flag is retractable so I can lane filter and use bike paths. I have never hit anyone. The camera is completely useless in any direction because it doesn't stop the vehicle from being close in the first place but my flag does.

Avatar
PRSboy | 2 years ago
2 likes

Im always amazed anyone needs to overtake this fella, he absolutely flies!

Avatar
bikes | 2 years ago
6 likes

Such a tiny fine for risking someone's life. Also, why is it 'careless driving' when it's clearly intentional?

Avatar
antigee | 2 years ago
6 likes

Let's call a punishment pass what it is...a cowards pass...I'd live with "cowards pass AKA punishment pass" if helps transition away from a phrase that is dangerous both as an action and as a justification

Avatar
eburtthebike replied to antigee | 2 years ago
7 likes
antigee wrote:

Let's call a punishment pass what it is...a cowards pass...I'd live with "cowards pass AKA punishment pass" if helps transition away from a phrase that is dangerous both as an action and as a justification

Good, but perhaps "Bully's Pass" might be slightly more apposite?  Given that bullies are cowards with some power.

Avatar
antigee replied to eburtthebike | 2 years ago
2 likes

Think those drivers that intimate cyclists like these might be OK to be called bully's but being called out for what they are cowards changes th we narrative

Avatar
Awavey replied to antigee | 2 years ago
1 like

not sure I get the point you're trying to make.

its a punishment pass, because the driver is intentionally passing you closely to "punish" you, for daring to cycle in what they consider to be their way, yes its cowardly, but its still being meted out as a punishment.

so how is it dangerous to describe it as such ?

Avatar
hawkinspeter replied to Awavey | 2 years ago
8 likes
Awavey wrote:

not sure I get the point you're trying to make.

its a punishment pass, because the driver is intentionally passing you closely to "punish" you, for daring to cycle in what they consider to be their way, yes its cowardly, but its still being meted out as a punishment.

so how is it dangerous to describe it as such ?

Using 'punishment' can be interpreted (by carbrains) as meaning that it is in retalliation for the cyclist's behaviour although we know that most of the time it's due to the driver being aggressive and not actually understanding the rules of the road. There's also a hint of the driver policing the road and simply delivering justice when we know that's not the case.

"Coward's pass" doesn't carry any connotation of blaming the cyclist and also de-glorifies the driver's actions.

Avatar
antigee replied to hawkinspeter | 2 years ago
3 likes

Exactly

Avatar
Flintshire Boy replied to hawkinspeter | 2 years ago
1 like

.

Good points.

.

You've convinced me.

.

 

Avatar
hawkinspeter replied to Flintshire Boy | 2 years ago
6 likes
Flintshire Boy wrote:

.

Good points.

.

You've convinced me.

.

Happy to hear it although at the back of my mind is a little voice suggesting that you're being sarcastic - I'd best ignore it.

Avatar
Secret_squirrel replied to Awavey | 2 years ago
5 likes

Because it implies to some people that the punishment was "earned"

 

I'm agnostic to it personally but can see the point. 

Avatar
antigee replied to Awavey | 2 years ago
5 likes

Punishment makes it an entitled action ..cowardly describes it for what it is.

Avatar
Bungle_52 replied to antigee | 2 years ago
0 likes

I can see the probem but not sure about coward's pass.

How about deliberate dangerous pass, unnecessarily close pass or intimidatory pass.

Avatar
Oldfatgit replied to antigee | 2 years ago
2 likes

Not really sure I'm up there with 'cowards pass' either.

In todays aggressive society, it could be taken that the driver was a coward for not getting out and lumping the cyclist.

I can think of several names for it, but I'm assuming press and publishable names are preferred.

"Overtaking like a cunt" or a variation of would get a vote from me.

Avatar
hawkinspeter replied to Oldfatgit | 2 years ago
2 likes
Oldfatgit wrote:

Not really sure I'm up there with 'cowards pass' either. In todays aggressive society, it could be taken that the driver was a coward for not getting out and lumping the cyclist. I can think of several names for it, but I'm assuming press and publishable names are preferred. "Overtaking like a cunt" or a variation of would get a vote from me.

I would much prefer it if aggressive motorists decided to not use their vehicle as a weapon and instead got out to try to inflict harm. There's a helluva difference between getting a couple of bruises from some flabby motorist versus broken bones from their tonnes of speeding death metal.

Avatar
Oldfatgit replied to hawkinspeter | 2 years ago
0 likes

Yep ... but then we're back in the Utopia where everyone drives with care and consideration.
Unfortunately... that will never, ever happen.

Avatar
brooksby replied to Oldfatgit | 2 years ago
3 likes
Oldfatgit wrote:

Not really sure I'm up there with 'cowards pass' either. In todays aggressive society, it could be taken that the driver was a coward for not getting out and lumping the cyclist. I can think of several names for it, but I'm assuming press and publishable names are preferred. "Overtaking like a cunt" or a variation of would get a vote from me.

Careful on the language, OFG - there are certain individuals on here who get very het up about the use of the c-word.  It's like saying "wing mirror" or "Beetlejuice".

Avatar
hawkinspeter replied to brooksby | 2 years ago
7 likes
brooksby wrote:

Careful on the language, OFG - there are certain individuals on here who get very het up about the use of the c-word.  It's like saying "wing mirror" or "Beetlejuice".

I knew I'd find a use for this one day

Avatar
brooksby replied to hawkinspeter | 2 years ago
3 likes
hawkinspeter wrote:

I knew I'd find a use for this one day...

Avatar
Oldfatgit replied to brooksby | 2 years ago
2 likes

I'm not sorry for the language.
It is a word that seems to be particularly unpleasant to many people on an almost subconscious level.

It's almost as unpleasant as being passed with inches to spare by an arrogant fecker who thinks that their life is more important than yours.*

If it makes people think - and act - correctly, then I'm all for it.

Except around here in the Central Belt of Scotland. Here, it's pretty much a term of endearment and used as punctuation.

Avatar
Mungecrundle replied to antigee | 2 years ago
3 likes

How about calling it "dangerous driving" and prosecuting it as such?

Avatar
hutchdaddy | 2 years ago
5 likes

If I ever need a solicitor in Ireland I now know who not to use.

Avatar
antigee replied to hutchdaddy | 2 years ago
2 likes

Let's call a punishment pass what it is...a cowards pass...I'd live with "cowards pass AKA punishment pass" if helps transition away from a phrase that is dangerous both as an action and as a justification

Avatar
eburtthebike | 2 years ago
12 likes

Not one of that lawyer's most honourable moments, suggesting that a perfectly legitimate road user shouldn't be on the road because his client is incapable of driving safely.  Well done that judge, and if you're ever in the Forest of Dean, pop into the Nags and I'll buy you a pint.

Avatar
jaymack replied to eburtthebike | 2 years ago
3 likes

Not necessarily, it's usually just the advocate putting forward what the client wants the Court to hear. I've been there and you can tell your client it's a bad idea, you can tell them that it's not gonna fly and is likely to be counter productive but at the end of the day it's up to the client. And on far too many occasions they are their own worst enemy as seems to have been the case in this matter.

Pages

Latest Comments