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news
Pont Street, Belgravia, London (Google Maps)Cyclist to be prosecuted for “riding in the middle of the road” after filming a driver using mobile phone
A cyclist who recorded footage of a driver using his mobile phone in traffic with his helmet camera has been accused of “breaking the law” and posing a “danger to other road users” by the police, and is set to face prosecution for riding without due care and attention, including “riding in the middle of the road”.
Dave Clifton, 56, was cycling on Pont Street in Belgravia, London in August last year when he came across a driver at the wheel of a Range Rover in momentarily stationary traffic using his mobile phone and turned around to capture footage of the man caught in the act.
However, when he submitted the video, seen by The Standard, to the police, the outcome was certainly one that he was not expecting.
The penalty for holding a cellular device when driving can be up to 6 penalty points and a £200 fine, as well as losing your licence if the driver passed your driving test in the last 2 years.
However, the Met police instead proceeded to claim that the cyclist had been riding on the wrong side of the road, and suggested that he “could pose a danger to other road users”.
Natasha Springford, a Met police staff member in the traffic division, said that the cyclist was “in the middle of the road” and was then “very close to the Range Rover on the opposite side of the road whilst a motorcyclist was oncoming with a passenger”.
She added: “You can see the cyclist cycling towards the oncoming motorbike that is filtering between traffic,” and then suggested the motorbike has to “ride in between the cyclist that is very close and the Range Rover”.
Driver on phone - via CyclingMikey
Clifton is now due to face trial next month at Lavender Hill magistrates court. The driver of the Range Rover, meanwhile, has got away with a police “advisory letter” and is said to be facing no criminal case.
However, the cyclist from south-west London has said that he intends to fight the claim at the trial. He said: “The ‘other side of the road’ doesn’t begin wherever my accuser wants it to begin. This is a ludicrous allegation. The police have ignored the filtering motorcyclist and the driver using a mobile phone, and have chosen to prosecute me. This seems to be malicious.”
Third-party reporting of drivers by cyclists has divided opinion online and seemingly with public, when the matter is discussed by written or broadcast media. CyclingMikey or Mike van Erp, is perhaps the most well-known 'camera cyclist'.
The Dutch-born road safety campaigner's fame has grown as a result of his reports of motorists using mobile phones — close to 2,000, and including the likes of Chris Eubank and Guy Ritchie — some of which have landed him on the receiving end of violent threats and foul-mouthed tirades.
His videos, which he shares after the conviction on YouTube, have won him many fans in the cycling world. However, his approach has also birthed some detractors, most notably lawyer Nick Freeman, better known as Mr Loophole.
However, just last month, we reported that the public opinion on third-party reporting could be shifting as some have seemingly begun to accept that it could actually be making roads safer, the topic was discussed during a Channel 5 segment.
One such person was West Mercia Police's PC Jim Roberts, who said that the police are rather keen on more people reporting drivers breaking the law. “By the general public submitting dashcam footage to us and then those drivers being dealt with, it's sending a message and it is making our roads safer,” he said.
CyclingMikey added: “Somebody's got to step up and do it, and there are some of those in society at least who do it.”
Figures shared with Channel 5 showed that over 33,000 videos were submitted to police in England and Wales last year, up by 21 per cent on 2022, and an increase of almost 300 per cent over 2020. 70 per cent of these reports have led to police action, the broadcast said.
The National Police Chiefs' Council also told Channel 5 that they welcome that technology can help them, with one in every five drivers running a dashcam and an even higher estimate for cyclists, the news broadcaster said.
road.cc has contacted Dave Clifton for comment.
Adwitiya joined road.cc in 2023 as a news writer after graduating with a masters in journalism from Cardiff University. His dissertation focused on active travel, which soon threw him into the deep end of covering everything related to the two-wheeled tool, and now cycling is as big a part of his life as guitars and football. He has previously covered local and national politics for Voice Wales, and also likes to writes about science, tech and the environment, if he can find the time. Living right next to the Taff trail in the Welsh capital, you can find him trying to tackle the brutal climbs in the valleys.
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105 comments
Ah, OK: that makes more sense, thanks.
But still doesn't explain why they won't bother with the phone-using Range Rover driver (or, for that matter, the motorcyclist who just shot through the gap regardless)
Not sure any of us can comment on the m/c as the footage starts just as they are there. Hard to know how much time they had to react to the cyclist change of direction.
I mean, we can take an educated guess at how long it takes to turn a bike around in the road in that sort of situation and how slow the motorcyclist should be going seeing as they are filtering and a cyclist was filtering in the opposite direction, assuming they are giving the cyclist 1.5m and are giving themselves some space the traffic too?
We can also take a guess at whether we ourselves would be likely to suddenly perform a U-turn in that situation carelessly if a Motorbike was coming towards us at that sort of speed while both filtering in that space towards each other.
Occam's Razor would seem useful here.
After watching the video a few times, it appears the cyclist has performed a U-turn behind the motorcyclist, I'm struggling to see what the cyclist has done wrong even in the most minor or ways.
All of those things are more true for the motorcyclist and the motorcyclist bears more responsibility as they present more danger to the cyclist.
The motorcyclist could have slowed, or stopped, clearly didn't. The cyclist seems to have not been moving, or barely moving. Very poor comprehension of the situation seems to be shown by this Met police staff member.
The basis for this seems to be that the cyclist put the rider of a massive motorcycle (with passenger) in danger... doesn't really pass the sniff test.
Except the starting point for the cyclist is not yet known. All that can be said is where they ended up.
Without more footage, it is hard to reach a proper conclusion.
Not sure if you're joking or not, but I'd suggest that if a motorist is acting in a manner that is dangerous to other road users, that the cyclist's business.
It's the law enforcements business - not his
So if someone's about to run you over it's none of your business? If they do 70 mph down a residential street where your children are playing, it's none of your business? If you see someone who's obviously drunk get into a car and drive off, it's none of your business? Or does "it's not his business" only apply in the case of mobile phone use?
As below, very different examples to someone just checking their phone in stationary traffic. Pretty low risk compared to driving at 70mph in a residential area and can't be compared
It can be compared and I have just compared it. If a road user is creating a risk to people around him then of course it's the business of those people. It's ludicrous to suggest otherwise.
No it can't and i have just said it cant too lol.
A driver on their phone in stationary traffic is low risk, end of.
https://riteacademy.com/the-police-are-the-public-the-public-are-the-pol....
The statement "the law is an ass" is also covered by the Robert Peel quote, based on some opinions, on here.
You clearly have not watched the video, otherwise you will have realised the Police are wasting their own time with a malicious prosecution. Suggest you crawl back under your bridge and refrain from commenting on things you don't understand.
Best ignored. He/she never posts after 4pm or at weekends.
sorry, here I am!
I'm here again, apologies!
No need to apologise. I had a bet with my wife that you'd be back. She was surprised how easy it is to manipulate someone.
Wasn't "Sorry, here I am!" A spoken word album released by Nick Freeman?
Oh really, glad to see that she (Clem?) has popped up too
Oh hello again Legion. Still clinging on to your delusions then.
You of course take the same position in relation to being witness to other crimes such as burglary, assault, rape, corporate negligence, financial misconduct etc etc.
Not my problem innit, let people do as they please guv!.
I guess you're one of these weirdos who doesn't believe in the concept of society and the greater good while bemoaning the apparent decline of GREAT BRITAIN!!! God save da King!
One of those strongly-opinionated but constantly totally wrong weirdos that doesn't understand words like vigilante or concepts like Peelian Principles.
Of course he won't because someone nicking a pint of milk off of his doorstep or breaking the door mirror on his motor is real crime isn't it and deserves a painful death unlike dangerous driving which is just people trying to earn a living. It's a commonly held belief unfortunately. Makes my blood boil.
There are levels of crime, some of those you've mentioned are much worse than being on your phone in stationary traffic. Someone on their phone while driving at speed is also a lot more dangerous. But being a dopey vigilante cyclist doesnt do anyone any favours. it's the perceived level of crime, this is exceptionally low risk, burglary is higher but generally people haven't got the cojones to step in unlike these pansy cyclists who think videoing someone is their way to fame and favour
Right_is_for_assholes
Still here, still a snowflake, woke, Lefty Loser. Just making sure that in your blinkered, extremist, hate-filled world that you hadn't forgotten.
I had, forgotten about you, wokes like you don't tend to stick long in the memory.
Stick long in the memory? The industrial synth disco/barber shop outfit from Prague? I fail to see the relevance to your "argument"
I agree.
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