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25 comments
Do people submit close passes by buses to the police? Or try and deal with the company direct?
I used to submit direct to TfL, particularly during the pandemic when I thought bus drivers had enough on their plate without having to deal with the old bill as well; unfortunately TfL have proved entirely useless about following up incidents, generally just ignore emails and hope you'll go away.
Yes, and I've had that kind of complaining to a brick wall experience before. But I doubt there's any other route worth trying, which is annoying.
So the next dilemma is whether to report something like this. Obviously the driver has given plenty of clearance and visibility ahead isn't too bad but is clearly illegal as I'm travelling at at least 20 mph. If they are happy to cross the lines in this situation what's to stop them doing the same close to a blind bend. What would you do?
yes, certainly it wouldnt be one Id bother submitting myself either, the level I try to go with is if I feared at the time, there was potential harm to me from the drivers actions, which is difficult to explain, but you kind of instinctively know when you get one. Sometimes I also give myself 24hrs to decide, basically sleep on it, to see if it still bugs me the next day, rather than immediately get home and submit something.
This is why the lack of feedback is so frustrating. You have no way of knowing what they will or won't take action on. I probably wouldn't bother personally, but I've become quite jaded over time.
I would not submit this. The car is giving plenty of room and I would prefer drivers to cross the white lines, if it safe to do so, in these situations. I reported one that didn't cross the white lines and gave me about a foot at 40 mph or so. The reply from the police was that although it was very close there is no offence of close passing so there is nothing that they can do. Gloucestershire have been very good at giving me feedback.
The other problem is proving that you are doing more than 10mph.
That is just bollocks from the Police
CPS
The offence of driving without due care and attention (careless driving) under section 3 of the Road Traffic Act 1988 is committed when the defendant's driving falls below the standard expected of a competent and careful driver - section 3ZA(2) of the RTA 1988.
Some examples of careless or inconsiderate driving are:
https://www.cps.gov.uk/crime-info/driving-offences
But how close is "too close"?
Depends on the speeds, road speed limit, vehicles involved.
As ever these things are a judgement, hence the often used 'reasonable' for a situation as no one can come up with a list that will fit any circumstance.
Surely both your camera and cycle computer have time by frame or second so that it is trivial to show what speed you had at that moment.
Trivial to calculate the speed may be but difficult to prove especially with all the tactics the defence lawyer will bring to bear if it went to court. Then theree is the jury who will wonder how the driver is supposed to know if the cyclist is doing 10mph or 15mph.
Here's a thought - when approaching a slower vehicle on the road, perhaps consider reducing one's speed to match that of the slower vehicle before considering a safe time and place to execute a safe overtake. That way, one can observe one's own speedometer to see whether the speed is below 10mph whereby the crossing of a solid white line would be an acceptable course of action to facilitate such a move. But no, these drivers can't be expected to slow down from 60mph because that might add a few seconds to their journey. Maybe I should just be grateful they moved over and didn't kill me on this occasion.
Come to Surrey - overtaking on blind bends is absolutely business as usual. Happens on every single ride, usually multiple times.
It's careless driving.
Although you have a better view, the driver has no idea at the point of overtake that it is safe and cannot see around that bend. All it takes is a quick driver the otherway and all of a sudden, you are caught up in a head on collision.
I would submit and hope the driver got words of advice about blind bends.
I agree with Bungle_52 - I wouldn't bother reporting that, but I have reported close passes where the driver attempts to not cross the solid white lines.
I did report one instance where a truck overtook me despite me being in primary (going quick, downhill and just before a blind corner) and the double white lines had just begun - the police didn't think the overtake was dangerous (it wasn't a close pass to be fair) and weren't interested in pursuing it. It probably depends on which police force you're dealing with, so maybe give it a shot and see what feedback the police give you.
TBH you're more likely to get a result from that one than if they close passed you. They're breaking a couple of highway code rules there. You've got clear footage of them going over the double white lines and you can see it's on a blind bend.
They didn't endanger you - but they did endanger anyone coming the other way (who they wouldn't be able to see) - also, if they have a head on with an oncoming vehicle, all the wreckage will be coming your way....
Especially if the vehicles hit half on, resulting in rotation on impact. (The driver side stops, but the passenger side is free to continue, so the car rotates clockwise, moving the rear to the left)
I have my camera set to produce 1 minute files, I don't know if you can change the length on the Chilli. So then I just upload the file with the incident and the minute before and after (or whatever random rules your local police are using).
Seems to have worked OK. Had a confirmation email from D&C Police, advising that they won't provide updates on the case unless it goes to court and not to post footage online.
So with no feedback how do I know at what point I'd be able to submit for something like NMOTD?
Proceedings would have to be started within 6 months* of the incident taking place, so if you've heard nothing by then you can safely assume it's not going to court.
* for minor offences
Openshot is a powerful, free, open source video editor - works on Windows, Macs and Linux.
The Windows 10 video editor seems to provide the functionality I need. I have trimmed to just over 2 minutes before and after, giving me one file of 1GB and one of 350MB (although there is nothing in that second video relating to the incident or the offending vehicle). I won't stitch the files together as that would probably count as editing the original format.
Currently uploading so I'll see how it goes....
Their form states that they want at least 2 minutes before and after the incident
The only function of these stupid 'rules' is to try and stop people reporting cases by making things difficult- they just make the rules up and there's no such proper restriction. A GoPro original file of that length would be 2 GB, and you would have to compress it so much to get it under the file size limit they would then say it was inadequate quality! Lancashire used to try this one on with me, with a demand for 2 1/2 minutes before and after and I fought them over it, so they don't try it any more. If they could get away with it, they would demand overhead drone video if they were sure nobody had it. I send in 15 seconds for red-light crossing offences, and these have been accepted and put with my signed statement on the MG11 form for a prosecution.
This YT video should help you out.
Top 5 Best FREE VIDEO EDITING Software (2021)
https://www.youtube.com/watch?v=UtrlyHDgk-8
An older link from the same channel:
Top 5 Best FREE VIDEO EDITING Software
https://www.youtube.com/watch?v=TAvyHn1mZs8