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Near Miss of the Day 806: Driver escapes punishment after reversing at cyclist and running over dog

Update: North Yorkshire Police concluded that the motorist “probably just wanted to speak” to the cyclist following the close pass, and advised the cyclist “not to shout in future”

Update, 09/09/2023: The driver of a 4x4 who close passed a cyclist on a country lane before reversing back down the road towards him, hitting a dog in the process, has escaped punishment after North Yorkshire Police “carefully considered” footage of the shocking incident. Instead, the motorist was given road safety advice from officers “in order to prevent further incidents”, while the cyclist was allegedly advised “not to shout in future”.

In the immediate aftermath of the incident (which can be viewed below, and in our original Near Miss of the Day feature at the bottom of this update), the police told road.cc reader Peter that “no traffic offences were committed” and that the cyclist had contributed to the driver’s decision to reverse by shouting “watch out!” following the close pass, an act the officer said constituted ‘road rage’.

Following that rather unsatisfactory verdict, Peter lodged a complaint with the North Yorkshire Police and Crime Commissioner, who conducted a review into the incident. According to the chief inspector, the review concluded that “the initial decision was wrong and that an investigation is in fact required.”

However, Peter has since told road.cc that “the new investigation ended disappointingly in the same place as the initial peremptory response”.

According to Peter, the blame for the motorist’s collision with the dog was pitted on the driver of the quad bike (and presumably the dog’s owner), who was found to have been driving “too fast” at the time of the incident, as well as failing to have properly secured the dog or registered his vehicle. North Yorkshire Police told road.cc that the quad bike rider has not been identified, and that it is currently unclear what happened to the dog.

Peter says that he was told by phone that no blame was placed on the 4x4 driver, with the officer allegedly telling the cyclist that the motorist was reversing because he “probably just wanted to speak” to him.

Meanwhile, Peter claims that he was also “advised not to shout in future” during similar incidents.

A spokesperson for North Yorkshire Police told road.cc: “Officers carefully considered the video footage of the incident, and spoke to the driver of the Kuga and the cyclist.

“However, despite extensive enquiries, the rider of the quad bike has not been identified, and it is not known what happened to the dog seen in the video.

“The driver of the Kuga was given advice about road safety in order to prevent further incidents.

“The safety of all road users is a priority for North Yorkshire Police. We urge anyone who witnesses driving offences on our roads to contact us. Footage from a dashcam, CCTV or a passenger’s mobile phone can be sent to us – search for ‘Op Snap’ on our website.”

You can read the original Near Miss of the Day article below:

This is one of the most shocking submissions we have had to our Near Miss of the Day series, with the driver of a 4x4 making a close pass at a cyclist on a country lane and, when the rider remonstrated, reversing back down the road towards him, forcing a quadbike rider to swerve and running over a dog that had been travelling on it.

Incredibly, North Yorkshire Police decided not to act on the footage, citing among other things that the cyclist had contributed towards the sequence events by shouting at the driver to “watch out!” The cyclist, road.cc reader Peter, has now raised a complaint with the North Yorkshire Police and Crime Commissioner.

The incident happened on the morning of Tuesday 5 July 2022 on Orcaber Lane near Austwick, in the south west corner of the Yorkshire Dales National Park. The incident starts at 1 minute 7 seconds into this video, shot from a rear-facing camera.

“I reported this incident to North Yorkshire Police,” Peter told us. “Their response, in a telephone call, was ‘no traffic offences were committed’ and that they would take no action.

“Briefly, they described my shouting ‘watch out’ as an oncoming wide SUV passed me at a speed I felt was too fast for a single-track country lane as ‘road rage’ and a contributory factor in the driver then reversing at speed towards me.

“I was saved from the encounter I feared by his running over a dog that fell from a quad bike that he forced off the road.”

Reversing a vehicle is covered by Rules 200-203 of the Highway Code.

Rule 202 says, among other things, that drivers should:

Look carefully before you start reversing. You should … check there are no pedestrians (particularly children), cyclists, other road users or obstructions in the road behind you … reverse slowly …

Rule 203 says:

You MUST NOT reverse your vehicle further than necessary.

“Given the police response, I am contacting the Police and Crime Commissioner with my concerns that the response indicates a worrying lack of concern with improving safety for vulnerable road users,” Peter continued.

“I think that my intuition that this driver was dangerous when he passed me was vindicated by his subsequent dangerous behaviour. I had expected that he would at least receive a warning from the police that this kind of behaviour is not acceptable.”

He added: “I pointed out to the PCC that the York and North Yorkshire Road Safety Partnership Safer Roads Strategy 2021-26 states that ‘Pedal cyclists account for a high and increasing proportion of all KSIs over the last five years’.”

As for the dog – which we suspect from the footage may be a working border collie given the prevalence of sheep farming in the area – Peter told us: “It seemed immobile but the two drivers didn’t seem to want to speak with me so I left without knowing whether it was dead or alive.”

Here’s the footage from his front-facing camera:

> 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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202 comments

Avatar
brooksby replied to Jimmy Ray Will | 2 years ago
0 likes

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hawkinspeter replied to Jimmy Ray Will | 2 years ago
1 like

Jimmy Ray Will wrote:

I've had it on good authority that the cyclist is due in crown court next month, facing road rage charges. 

Additionaly, the cyclist is now fighting two civil claims, one from the quad driver, who is looking to recover damages relating to the death of the dog. The driver of the 4x4 is also claiming compensation for the mental anguish of being forced to run over the dog in the first place. 

All in all, on this occasion it looks as though justice will thankfully be done. B@$+A7d, rat faced, tax dodging, fetishist paedo cyclists! 

How on earth can the cyclist be held responsible for the death of the dog?

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Sriracha replied to hawkinspeter | 2 years ago
6 likes

If you recall JRW's earlier comments in this thread, I think you will conclude he is being ironic here.

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Bungle_52 replied to Sriracha | 2 years ago
2 likes

I really hope you are right. Sad indictment of our justice system that I wasn't sure.

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Hirsute replied to Sriracha | 2 years ago
5 likes

I came to the same conclusion although it did take 3 reads of the post. The last sentence gives it away I think.

(Also aren't all the criminal courts barely functioning so 'next month' is not going to be true)

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Awavey replied to Hirsute | 2 years ago
0 likes

Correct

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hawkinspeter replied to Sriracha | 2 years ago
2 likes

Sriracha wrote:

If you recall JRW's earlier comments in this thread, I think you will conclude he is being ironic here.

Maybe I need to recalibrate my irony meter. It seemed entirely believable because a civil case can be brought for almost anything.

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chrisonabike replied to hawkinspeter | 2 years ago
2 likes

They almost hooked me too!  Particularly because another Jim was on here with a counterintuitive take on this...

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Jimmy Ray Will replied to hawkinspeter | 2 years ago
5 likes

Short answer - because.... cyclist, innit? 

In all seriousness, I'd imagine that if the quad driver did look to make a claim, the cyclist would be named as a contributory factor. Utterly ridiculous I know, but the facts remain the only reason the 4x4 was driving the way it was, was because the cyclist was fleeing the scene. 

The only reason the 4x4 was wanting to - seemingly - mow down and kill the cyclist, was because the cyclist had made an inflammatory comment (as highlighted in the police response no less), so they could be (and again accordingly to the police response they actually were) considered the instigator.

From there its not beyond the realms of possibility that a proportion of blame and culpability would be deemed to rest on the cyclist. That is unlikely to happen, but what is far more likely is that the cyclist is dragged into court and made to demonstrate that they were an innocent party. 

You really couldn't make it up... although I just sort of did. 

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hawkinspeter replied to Jimmy Ray Will | 2 years ago
3 likes

I hope the law doesn't work that way. As I understand it, you may use your emotional state as a mitigation (e.g. I flew into a rage and lost control of myself), but I don't think you can hold someone else materially responsible for your own lack of emotional maturity that leads to loss of life.

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Karlt replied to hawkinspeter | 1 year ago
3 likes
hawkinspeter wrote:

Jimmy Ray Will wrote:

I've had it on good authority that the cyclist is due in crown court next month, facing road rage charges. 

Additionaly, the cyclist is now fighting two civil claims, one from the quad driver, who is looking to recover damages relating to the death of the dog. The driver of the 4x4 is also claiming compensation for the mental anguish of being forced to run over the dog in the first place. 

All in all, on this occasion it looks as though justice will thankfully be done. B@$+A7d, rat faced, tax dodging, fetishist paedo cyclists! 

How on earth can the cyclist be held responsible for the death of the dog?

I offer an irony meter repair service...

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hawkinspeter replied to Karlt | 1 year ago
4 likes

Karlt wrote:

I offer an irony meter repair service...

Finally! I've been waiting a year for it to be repaired and all I can do is keep listening to Alanis Morrissette

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wycombewheeler replied to hawkinspeter | 1 year ago
2 likes

hawkinspeter wrote:

Karlt wrote:

I offer an irony meter repair service...

Finally! I've been waiting a year for it to be repaired and all I can do is keep listening to Alanis Morrissette

If you find it doesn't go off when listening to Alanis Morrissette, it doesn't mean the meter is faulty.

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AidanR replied to wtjs | 1 year ago
9 likes
wtjs wrote:

According to the chief inspector, the review concluded that “the initial decision was wrong and that an investigation is in fact required.”

I have seen these 'shut this complaint down with a pretend investigation' dodge before. I think that the 'review' will result in no action whatsoever against anybody, but there will be some bollocks about lessons being learned for the future. I await being corrected for undue pessimism- after the 'result' has been released

You called that right, sadly.

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bikes replied to David9694 | 1 year ago
6 likes

Unregistered quad and unsecured dog, and also driving it fast enough that they couldn't safely stop in time. And they might work with the driver that ran over the dog. Presumably they replaced the dog (dealing with the maimed/dead one and buying a new one filed as business expenses) and both are driving in the same ways as before having been given the thumbs up from the police.

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wtjs replied to Jimmy Ray Will | 1 year ago
4 likes

This could be potentially very embarrassing for the boys in blue

I doubt if the really duff anti-cyclist forces ever experience such a sentiment! As in this case, the PCC is often just an ineffectual rubber-stamp for the police, sitting hidden away in some council office, so they can be relied upon to fail to confront police malpractice 

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Bungle_52 replied to Bungle_52 | 1 year ago
5 likes

"I look forward to reading the result of the investigation.."

Oh dear, I never imagined the outcome of the review would be this bad. Blaming the cyclist for shouting at the driver. Words fail me.

Re the PCC. I think the PCC can only determine priorities and has no say in the operational aspects of policing. If I'm right then the PCC has done all thay can getting the review done. Please correct me if I'm wrong.

Hugely disappointing. Is it any wonder that more and more cyclists (and none cyclists) think it's too dangerous to ride on our roads.

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Hirsute replied to bikes | 1 year ago
1 like

Probably safer for the dog to be unsecured as on uneven ground it can jump to safety rather than be squashed when things go wrong.

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bikes replied to Hirsute | 1 year ago
1 like

That would seem to make sense to me when driving in bumpy or steep fields etc where the biggest risk is from tipping over. Not sure about on the road though? If the biggest risk is coming from people texting or driving straight at you in a fit of rage without looking, maybe a dog would be better off secured (or partially secured eg an open basket) so that they can stay on when you need to swerve or brake suddenly.

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Tommytrucker replied to wtjs | 1 year ago
0 likes

Touche wtjs, touche.

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steaders1 | 2 years ago
12 likes

Taking away this idiots licence for good is the only way the messgae will get across that a car cannot be used as a weapon and a weapon in the hands of an odiot is dangerous

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NOtotheEU replied to steaders1 | 2 years ago
8 likes

steaders1 wrote:

Taking away this idiots licence for good is the only way the messgae will get across that a car cannot be used as a weapon and a weapon in the hands of an odiot is dangerous

I had to Google 'odiot'

 

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HarrogateSpa replied to NOtotheEU | 2 years ago
7 likes

YEStotheEU.

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Rich_cb replied to HarrogateSpa | 2 years ago
4 likes

Not fussed.

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chrisonabike replied to Rich_cb | 2 years ago
6 likes

MEHtotheEU?

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David9694 replied to chrisonabike | 2 years ago
6 likes

Meh/ no to the massive right-wing coup that's been pulled off in plain sight, of which Brexit is just the start, and is now helping to fuel the types of aggression seen in the video. Ew-Kay. 

Anyway, because a dog is involved, the prohibition on my watching these videos has been suspended by wife who asks, what would have happened had the man and dog not been on the road? 

Tough call on the cyclist whether, having turned back, to hang around at the scene, however frosty the reception/atmos was. I had a sense of the two other men concocting a "the cyclist caused this" story between them.  Dial 999 at that point for a variety of reasons, I'd have thought.  

My other speculation is that we're seeing a pretty practised behaviour on the part of the rage rover driver. Not specifically the long, high-speed reverse, but the red mist, etc that causes this reaction. Someone, probably multiple people, in a weaker position than him will have been on the receiving end  for a quite a  time. 

 

 

 

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mdavidford replied to chrisonabike | 2 years ago
2 likes

EtotheUtotheR-O-P-E

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Rik Mayals unde... replied to HarrogateSpa | 2 years ago
1 like

Well if you are anything to do with Spa Cycles, you've just lost a customer with that stupid remark.

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AlsoSomniloquism replied to Rik Mayals underpants | 2 years ago
3 likes

Thought it was only snowflakes who did cancel culture. 

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David9694 replied to Rik Mayals underpants | 2 years ago
0 likes

Have I lost a customer too, biker phil?  If you look down the thread you'll find I'm far more strident than HarrogateSpa.

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