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Viral video of driver refusing to stop for five-year-old cyclist debated on Jeremy Vine's Channel 5 show

During the 'Cycling row: Who's in the wrong?' segment Vine, journalist Mike Parry and the child's father were all critical of the driving...

Since Friday the video below of a driver not stopping to let a five-year-old cyclist pass has been watched 1.8 million times, at the time of writing, and has attracted close to 8,000 replies on Twitter...

Posted by the father, who this morning appeared on Jeremy Vine's Channel 5 show to respond to the hoardes of internet critics pointing the finger at him — and some even at his son — for riding on the road and expecting a driver to not continue within touching distance through a narrowing caused by parked vehicles.

Much of the dialogue about the clip has ignored the advice of the recently added 'Hierarchy of Road Users' part of the Highway Code which tells road users with the potential to cause the most danger to others that they will be deemed to have greater responsibility to those who are more vulnerable than them.

Instead, also ignoring the basic "human compassion" journalist Mike Parry suggested was lacking from the driving, much of the 'debate' has centred on if the child should have been riding on the road in the first place, something Conservative peer Baroness Foster — appointed to the House of Lords by then Prime Minister Boris Johnson in December 2020 — argued online.

The former Conservative Transport Spokesperson in European Parliament, specialising in the aviation and aerospace sectors, replied to the viral video, arguing: "A child that small should not be cycling on a road! A completely irresponsible decision along with your comments that puts the entire onus on the car drivers if/when something goes horribly wrong!"

Responding to the backlash during a segment titled 'Cycling row: Who's in the wrong?' the father who filmed the footage, Ashley, told Jeremy Vine on 5 "the facts are clear on this one — the driver was wrong and my son has every right to ride on the road".

He added that it would be "factually wrong" for anyone to claim the driver did not put the young cyclist at risk.

"You can see from the clip they should have stopped way sooner," he said. "They had plenty of distance to make that decision, we had lights on, reflective clothing. The distance [to the pair cycling] just is not safe. People will argue 'oh, plenty of room, you could drive a bus through there'... well, I'm sorry, that's not factually correct.

"That's less than a metre gap so legally that's wrong and then morally that's wrong. You can debate as much as you want about whether the law is wrong but you know for a fact, everyone knows, that was too close."

Backing Ashley up, journalist and panel guest Mike Parry said the debate about whether the child should have been cycling on the road is "utterly irrelevant".

"Surely human compassion, surely human nature says that if you're driving a car at speed and there's a little child coming the other way your instinct should be the protective nature of an adult in a car over a child," he told Vine.

"There's no argument there. Every time I see this I flinch, I get a shiver down my back [...] I don't know whether the child should have been there or not, that's a separate scientific argument on roadcraft and all that... but when you see a child on a bike, a little five-year-old coming towards you, you pull in just to make absolutely sure no harm is going to come to the child. It's natural instincts."

Writing on Twitter, Vine suggested that anyone who cannot see that the driver "must go dead slow, or stop" should "cut up their driving licence and send the pieces back to the DVLA".

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.

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81 comments

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SurreyHiller | 2 years ago
5 likes

I had one very similar the other day.

6 year old on a scooter, so I'm giving him a push with my left hand and riding alongside him.
This is a very low traffic road leading to an industrial estate with a school within 100 yards.

https://www.youtube.com/watch?v=EF5zASIpnHM

Looks like he's going to stop and let us through, then thinks better of it and misses me by a few inches.  

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Hirsute | 2 years ago
0 likes

I wonder if AZB has read all the replies yet.

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marmotte27 replied to Hirsute | 2 years ago
0 likes

He says somewhere that there's too much, and knowing that three quarters of them are drivel...

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Awavey | 2 years ago
5 likes

The bit that confuses me with all the polemic this has caused, is the outrage because it's a kid put in that position ? Or that it's a cyclist ?

Because I can get passed like that everytime I ride a bike on the road, to the point I dont think the vast majority of drivers think its remotely a problem at all to pass cyclists like that, their view will always be they havent hit you however near they get, which ultimately means anyone riding a bike be that adults or kids will be subjected to those types of passes all the time. I've even had learner drivers being taught to drive through gaps like that if I'm approaching them.

So actually I'd probably in this instance have just timed my arrival so the car got through first, just because I know the car wont be stopping for me.

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JustTryingToGet... replied to Awavey | 2 years ago
4 likes
Awavey wrote:

The bit that confuses me with all the polemic this has caused, is the outrage because it's a kid put in that position ? Or that it's a cyclist ?

Because I can get passed like that everytime I ride a bike on the road, to the point I dont think the vast majority of drivers think its remotely a problem at all to pass cyclists like that, their view will always be they havent hit you however near they get, which ultimately means anyone riding a bike be that adults or kids will be subjected to those types of passes all the time. I've even had learner drivers being taught to drive through gaps like that if I'm approaching them.

So actually I'd probably in this instance have just timed my arrival so the car got through first, just because I know the car wont be stopping for me.

As per previous comment* I'm outraged on behalf of anyone who based on my understanding has the priority. But also think that it takes a special kind of mentality to drive at a child.

I will happily give way where the motorist gives an indication of slowing down or acknowledges my presence. I unhappily give way when I think I am going to die. I have stood my ground when I've quite frankly had enough (mostly Hemdean Road, which I know a few on here know).

*not supposed to be "as per my last email" vibes

**Edit for the locals. I ALWAYS stand my ground on St Barnabas where the obstructions are on the other lane but the motorists think they can come at me because they are late for school drop off.

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Awavey replied to JustTryingToGetFromAtoB | 2 years ago
2 likes

Sorry hadnt seen your comment, t'internet isnt working too great here.

I agree it takes a special kind of driver to drive at a kid like that, but swap the kid out and replace with an adult, is it still a problem ? would most adult cyclists even have posted it to go viral if it was them and not their child at risk ?

As for the question you posed in your earlier comment, my belief is that if the obstruction is your side, you cede priority, if both sides are blocked like this then its debatebly about who gets there first and has started their manoeuvre first takes priority but backed up with you mustn't ever assume you have priority or that others will cede, but that's why I said I'd engineer arriving later to the obstruction so as to allow the driver to do what I fully expect them to do anyway.

But that's life experience a young kid probably hasnt got yet.

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a1white replied to Awavey | 2 years ago
3 likes

I had an encounter like this (on a narrower road, just me - no small child).I was on the left hand side of the road, no parked vehicles on my side, with a car came towards me, on my side of the road, passing parked cars. I purposely slowed down opposite a gap to my right so she could pull in, but she didn’t. I stopped (I had nowhere else to go) and she stopped and looked confused. I pointed towards the empty space on her left and she slowly drove into it. Amazing the amount of drivers that genuinely believe they have priority, whatever, because you are on a bike and they are in a car. 

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brooksby replied to a1white | 2 years ago
1 like
a1white wrote:

I had an encounter like this (on a narrower road, just me - no small child).I was on the left hand side of the road, no parked vehicles on my side, with a car came towards me, on my side of the road, passing parked cars. I purposely slowed down opposite a gap to my right so she could pull in, but she didn’t. I stopped (I had nowhere else to go) and she stopped and looked confused. I pointed towards the empty space on her left and she slowly drove into it. Amazing the amount of drivers that genuinely believe they have priority, whatever, because you are on a bike and they are in a car. 

I get that a lot.

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JustTryingToGet... | 2 years ago
14 likes

Aside from the horrific driving at a child (waiting the the usual trolls to pitch up) there is another common factor here which drives me nuts.

There are obstacles on both sides of the road. Therefore a wider vehicle like a car has to travel on the wrong side of the road to get through. Which means priority is ceded if in conflict with a narrow vehicle like a bike which will still travel on the "right" side of the road. Am I right on this or making up rules. It's certainly what I adhere to when I drive.

In this video, the child is past the obstruction on their side and on the right side of the road. The driver then goes past the obstruction on their side and is on the wrong side of the road, whilst presumably thinking "fuck you, you pint sized cunt. You are too small to badly damage my paintwork and you don't pay road tax".

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grOg replied to JustTryingToGetFromAtoB | 2 years ago
0 likes

You are making up rules; there is no centre line, so it's a bit like a zipper merge where there are no lines; where there's only room for one vehicle because of parked vehicles, it's first there, first to go; where there's room for both to pass, then both can go. The motorist in this video clearly slowed when passing; he didn't 'horrifically drive at a child'.

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JustTryingToGet... replied to grOg | 2 years ago
4 likes
grOg wrote:

You are making up rules; there is no centre line, so it's a bit like a zipper merge where there are no lines; where there's only room for one vehicle because of parked vehicles, it's first there, first to go; where there's room for both to pass, then both can go. The motorist in this video clearly slowed when passing; he didn't 'horrifically drive at a child'.

The kid went first dickwad.

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ubercurmudgeon | 2 years ago
14 likes

There wouldn't have been any problem if more than 50% of the width of the road wasn't taken up with people storing their private property on the public highway.

We would be living in a very different society if just one choice had been made differently. In 1947, double-yellow lines were chosen to designate areas where parking was prohibited. Instead they should've brought in road markings that designated areas where parking was permitted, and prohibited parking everywhere else. And one of the rules on where to paint those markings should've been never to reduce the space for moving traffic to only one lane.

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chrisonabike replied to ubercurmudgeon | 2 years ago
2 likes

Good call.  I think other countries have this - I believe that in (at least parts of) the Netherlands it's "you can only park where marked" as opposed to "you can park anywhere except where marked".  (I know in the UK you can sign areas as no parking so you don't have to paint absolutely everywhere but that's less common).

So in the UK we end up with signs and paint and badly / illegally parked cars everywhere.

Robert Weetman has a good article on streets comparing UK / NL (covers other aspects also).

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mattw replied to chrisonabike | 2 years ago
1 like

In the UK we also have broad exceptions for double yellows for eg Blue Badges which can be very problematic.

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chrisonabike replied to mattw | 2 years ago
1 like

BOLAS on mate.  I was justing.  Gotta delivery pal.

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grOg replied to chrisonabike | 2 years ago
0 likes

It's very common in Australia for side streets to have parking both sides that only allows for one vehicle to get through; local councils see it as one way of discouraging rat running; through traffic using side streets instead of main roads.

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Hirsute | 2 years ago
3 likes

Picked up as well by Mark Hodson

https://mobile.twitter.com/markandcharlie/status/1589171860901883904

A number of interesting comments from him on the wider implications and possible responses.

 

 

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brooksby replied to Hirsute | 2 years ago
6 likes

I do like his quote (memed)

"There isn't a War on Drivers; there's a War on Incompetent Drivers".

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chrisonabike replied to brooksby | 2 years ago
2 likes

Great - when is the campaign starting though?  Haven't seen much sign of the resistance thus far...

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marmotte27 | 2 years ago
6 likes

Read a few of the comments underneath the fathers twitter post and am horrified by the amount of incompetence displayed by most of the people there who have no idea of the highway code, have not watched the video properly, know nothing about what responsible parenting really is and (on this day of absolutely momentous US midterm elections) make me really afraid of humanity.

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brooksby replied to marmotte27 | 2 years ago
4 likes

I saw this earlier in the week, and there were lots of comments along the lines of 'the child shouldn't be on the road and it's the father's fault if anything happens'  2 Also a lot of how the child should have given way (?).

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