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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
zideriup | 2 years ago
19 likes

Car velocity killed the dog. Such a strange situation in any case, look at the driver cupping his face in his hands, someone who only seconds earlier was more than happy to perform a manoeuvre in order to leave someone's son/father/partner injured or dead in the gutter. Sickening.

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Allen Key | 2 years ago
4 likes

Is this the same MM18VDP Ford Kuga for sale by PentagonMotorGroup? (listed 28 Jul 2021) https://www.youtube.com/watch?v=nkBdaqz-XtQ

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kil0ran replied to Allen Key | 2 years ago
2 likes

Decent cycling-related plate that (MvdP)

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Calc | 2 years ago
4 likes

Don't read the comments on the daily mail's site, even though the editorial blamed the crazed driving.  At least with the video on that and the Sun's pages, there's some chance that his wife and kids will find out the truth of what a clock-head he is.

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David9694 replied to Calc | 2 years ago
2 likes

Curious to reflect that he'll be in more do-do socials-wise for harming the dog than a person. 

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JimM777 | 2 years ago
1 like

I thought I might add a little bit here regarding prosecution in this case, emotions can sometimes lead one down the wrong path. It's highly unlikely that the car driver or the quad driver will do similar actions in the future. They have already received a karmic penalty. The car driver will likely begrudgingly concede that is not a good idea to get into an road argument in such a manner with a cyclist. But if he were prosecuted and fined, does that actually benefit anyone? Indeed, it would be likely to push him into being yet another vehement anti cyclist - is that really what we want?

So it's quite different to prosecuting a driver who does dangerous close passes and drives on without incurring any penalty, in such cases there is a much better argument for prosecution. That's where taxpayer's money should be directed.

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brooksby replied to JimM777 | 2 years ago
17 likes

JimM777 wrote:

It's highly unlikely that the car driver or the quad driver will do similar actions in the future. They have already received a karmic penalty. The car driver will likely begrudgingly concede that is not a good idea to get into an road argument in such a manner with a cyclist.

You do understand that that is utter horlicks?  The car driver and the quad driver will have settled their differences, and will have come to the conclusion that it was all the fault of that bl00dy cyclist...

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JimM777 replied to brooksby | 2 years ago
1 like

So the next time the driver sees a cyclist, he is likely to repeat what he did the last time?

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IanMSpencer replied to JimM777 | 2 years ago
14 likes

Perhaps he's learnt his lesson about reversing, but it doesn't mean that he's accepted the blame for the incident.

Worse, now it is a national story it is reasonable to expect that he has become aware of the police response, he can claim to his mates that the police agree with him that it is all the cyclist's fault and he did nothing wrong.

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brooksby replied to JimM777 | 2 years ago
10 likes

JimM777 wrote:

So the next time the driver sees a cyclist, he is likely to repeat what he did the last time?

Given how little self control he demonstrably has, I'll be a "yes" on that.

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Flâneur replied to JimM777 | 2 years ago
17 likes

You seem very keen to minimise the driver's culpability here. So far in your contributions to this thread, it's been the fault of the quad biker, the cyclist, the road and maybe even the dog. Any reason why you cannot see the cause was the grossly dangerous actions of the driver?

PS Above, you miss out penalty points - 6 or (for careless driving) a max 9 would cause at least some insurance price pain and possible behaviour modification. So screw the driver's karma, anyone who would behave the way they did is highly likely to be dangerous to cyclists for the rest of their driving career anyway.

I feel bad for the dog but I suspect it may have prevented GBH or worse on the cyclist. Shame on North Yorks police for not prosecuting.

 

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JimM777 replied to Flâneur | 2 years ago
0 likes

Really? So you cherry pick and ignore what I said in an earlier comment "Really strange and reckless behaviour by both the car driver and the quad driver".

You're entitled to disagree with my opinion that prosecuting other drivers who do dangerous close passes without any consequence would be a better use of prosecution resources, but there's no need to misrepresent me when you do so.

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David9694 replied to JimM777 | 2 years ago
0 likes

What did the quad biker do wrong, exactly?

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hawkinspeter replied to JimM777 | 2 years ago
15 likes

JimM777 wrote:

I thought I might add a little bit here regarding prosecution in this case, emotions can sometimes lead one down the wrong path. It's highly unlikely that the car driver or the quad driver will do similar actions in the future. They have already received a karmic penalty. The car driver will likely begrudgingly concede that is not a good idea to get into an road argument in such a manner with a cyclist. But if he were prosecuted and fined, does that actually benefit anyone? Indeed, it would be likely to push him into being yet another vehement anti cyclist - is that really what we want?

So it's quite different to prosecuting a driver who does dangerous close passes and drives on without incurring any penalty, in such cases there is a much better argument for prosecution. That's where taxpayer's money should be directed.

Taxpayer's money is well spent on identifying and penalising poor driving behaviour. If he has understood the nature of his mistake (emotional response to other road users), then he'll accept the punishment and move on. If he hasn't understood what he did wrong, then it needs to be explained to him and the appropriate punishment given so that he won't just laugh it off and forget about it.

Also, if he subsequently gets into another argument with other road users, then his defence won't be able to use the "previously law abiding" excuse and dismiss it as a "momentary lapse".

There's also the issue of his insurance premiums - do we want other drivers to be subsidising bad driving or should that piece of bad driving incur increased premiums?

I'm not seeing any clear advantage to not prosecuting him and I think that dangerous driving does need to be clamped down on whilst people are still getting injured and dying on the streets unnecessarily. Ultimately, stopping dangerous drivers is worth every penny of taxpayers' money and will likely save healthcare/treatment spending in the long term.

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JimM777 replied to hawkinspeter | 2 years ago
1 like

Are you aware that last year, there were over 8000 drivers who got 12 points and yet were allowed to continue driving? Doesn't sound like points and fines are a sure way to prevent repeat offenders.

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IanMSpencer replied to JimM777 | 2 years ago
12 likes

What point are you trying to make? Are you just in the game of winning an argument on the Internet? You do seem overly keen on dancing on a pinhead. Yes, not all prosecutions are worthwhile, but trying to argue this on a case where there was a frightening chase that had a cyclist fearing for their safety, a dog was killed and another road user left the road to avoid a collision probably isn't the context to make your case

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JimM777 replied to IanMSpencer | 2 years ago
1 like

I'm merely voicing an opinion. You don't like it, get over it.

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David9694 replied to JimM777 | 2 years ago
1 like

You making a trolling fool of yourself but yes I'll get over it.  I wonder if Fido/ Bob/ Shep will? 

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cmedred replied to JimM777 | 1 year ago
12 likes

What you are doing, in the best-case scenario, is underestimating the ability of homo sapiens to rationalize. It is boundless. By now, the driver has almost certainly come up with a multitude of reasons that he did nothing wrong in any of this.

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hawkinspeter replied to JimM777 | 2 years ago
10 likes

JimM777 wrote:

Are you aware that last year, there were over 8000 drivers who got 12 points and yet were allowed to continue driving? Doesn't sound like points and fines are a sure way to prevent repeat offenders.

Just because a system isn't perfect doesn't mean that it should be abandoned and replaced with "well we think he might have learned his lesson". Whether or not the points system is flawless has nothing to do with whether this driver should be prosecuted.

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David9694 replied to JimM777 | 2 years ago
2 likes

Humans voice now fitted to every car:  "I am sorry, Lee but your driver ID confirms you are disqualified from driving this type of vehicle."  *won't start*

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IanMSpencer replied to hawkinspeter | 2 years ago
11 likes

Without a proper investigation, it might be that this driver is sitting on 11 points - driver might not even be licensed as he might not be the owner. The response from the police hints that as they've seen nothing wrong, they haven't checked to see if there is any intelligence associated with the car or owner. Without a NIP, the police haven't tried to establish who was driving.

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Mungecrundle replied to JimM777 | 2 years ago
16 likes

Utter scrotum contents.

Karmic penalty my arse! The twat will be down the pub getting condolences for the terrible accident that he was involved in due to some bloody entitled cyclist who thinks he owns the road, followed by any number of anecdotes about how one time some cyclists did something to break some road law (that may or may not be an actual law, but who cares, they all go through red lights and have no insurance) or cause some unforgiveable inconvenience. Then they'll all be off home driving over the limit and holding a grudge for the next poor sod on a bicycle who triggers their rage.

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Hirsute replied to JimM777 | 2 years ago
8 likes

Of course they should be prosecuted. How else will any other driver view such an incident where there is no prosecution ?

It's the whole raison d'etre of Inspector Kevin of another Yorkshire force to show drivers what happens when they commit these types of infraction against vulnerable road users.

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pockstone | 2 years ago
17 likes

Alternative...and very possible... outcome: Quad driver ends up dead under wheels of SUV.

Any charges forthcoming from N. Yorks. police?

And for who?

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ktache replied to pockstone | 2 years ago
8 likes

Quad rider saved himself from being hit there by totally leaving the road. Having to swerve out of the way.

Driver wasn't looking at the rest of the road or for other road users, all he could see in his mirrors was the cyclist and I'm guessing he had violence in his mind.

Any karmic justice would have had him having the crap beaten out of him by the quad biker and owner of the dog.

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pockstone replied to ktache | 2 years ago
5 likes

Oh to be a fly on the wall around farmer robocop's tea table that evening as Mr. SUV & brother/cousin/son (or any combination thereof)  Quad driver traded recriminations about their lost and expensive sheepdog. I expect there'd only be one party to blame and he wouldn't have been on four wheels.

PS  Emmerdale storylines are looking a bit anaemic lately, maybe drop a line to their script department?

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David9694 replied to pockstone | 2 years ago
2 likes

And that's the (so far) missing part of the jigsaw : the complaint from quad bike man to the police 

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Shaun TheDiver | 2 years ago
14 likes

I really hope this video goes viral, and the police are given no option other than to deal with that halfwit in the SUV. How they can realistically say there were no traffic offences commited just beggars belief!

I'll have a stab in the dark and guess that they didn't report running over the dog to the police. Failure to report this is in itself an offence.

The nature of his reversing was reckless and without due care, and his ultimate goal was what? To say sorry to the cyclist do you think, or was it more likely to run him off the road or assault him?

As for people saying that the dog should have been secured or in a cage; I live in the countryside and see dogs on the back of quads all the time. They're raised from puppies doing it, and are usually happy and safe travelling like that. In the event that there's an accident and the quad rolls, they're safer if they can jump off than be connected to the quad.

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nosferatu1001 replied to Shaun TheDiver | 2 years ago
10 likes

It was also an offence. They had no need to reverse, so they absolutely broke rule 203

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