Close pass - Magistrates' Court outcome

[Arjimlad]

I reported this close pass from May 2021 to Avon & Somerset Police who accepted the report, confirming the driver would receive a warning, fixed penalty or prosecution.

I knew little of what happened next until I was asked to give a statement for court in late 2021.

Earlier this year I was told I would not need to attend the hearing as my witness statement had been agreed. This puzzled me because I had said that I considered the pass was too close for comfort and put me at unnecessary risk. Agreeing my statement basically involved accepting what I had said in it.

"The pass and situation was intimidating and scary at the time, I felt the rush of the van pass me. I could have reached out and touched it.

I'm not on the road to provide sport for drivers like this one, to be recklessly bullied or intimidated by dangerously close passes. I was simply riding home from work to my family the shortest way. If the driver had misjudged by a fraction, or I had moved out around a pothole, being hit by this van, weighing over 2,000 kg at these speeds I would have been very lucky to be alive, and would certainly have been seriously injured.

All I want is for drivers like this one to change their ways and drive safely around other people. That is why I reported this incident to the Police."

The matter went to trial on 3rd May and the driver was found guilty of driving without due care and attention.

The sentence was as follows:

• To pay a fine of £220.00
• To pay costs of £620.00 to the Crown Prosecution Service
• To pay a surcharge of £34.00 to fund Victims Services
• Driving record endorsed with 3 penalty points

I just hope the driver leaves cyclists more space in future.

 

[ianrauk]

Well done. Good result.

 

[Hornchurch]

I reported this close pass from May 2021 to Avon & Somerset Police who accepted the report, confirming the driver would receive a warning, fixed penalty or prosecution.

The matter went to trial on 3rd May and the driver was found guilty of driving without due care and attention.

The sentence was as follows:

• To pay a fine of £220.00
• To pay costs of £620.00 to the Crown Prosecution Service
• To pay a surcharge of £34.00 to fund Victims Services
• Driving record endorsed with 3 penalty points

Seems you did well & the driver (in your case) got hit hard.


Meantime tho' - Am completely baffled by the "outcome" of these two events, which to me, seem even far more dangerous


Completely at a loss with regards to the ASDA - H.G.V driver (supposedly), NOT getting prosecuted, for almost killing someone !

 

[DCLane]

Well done for reporting this. They may learn a lesson.

 

[Time Waster]

You think that will change driving style of that driver? I'm a little pessimistic after meeting someone at work who genuinely despises, even hates cyclists. So much so that he got a £50 about 20 years ago for pushing over a lead cyclist in a bunch of 20 and pretty much sent him into a ditch. Apparently he was particularly pleased with himself because it took out most of the 20 cyclists with one push.

Some might question that but knowing the guy it is more believable than not trust me. There's real hatred out there but even without that drivers tend to revert to a driving style after contact with traffic enforcement. It really only gives them something to moan about.

I'm guilty of that too after my one speeding ticket 15 plus years ago where I was "done" for a couple of mph over the limit on a very quiet motorway grade road in Scotland.

 

[Deleted User]

Well done, you must be very proud of yourself.

 

[Time Waster]

Of course! Well done! Everything helps I guess, but I'm still pessimistic in the long term.

 

[Arjimlad]

Seems you did well & the driver (in your case) got hit hard.


Meantime tho' - Am completely baffled by the "outcome" of these two events, which to me, seem even far more dangerous


Completely at a loss with regards to the ASDA - H.G.V driver (supposedly), NOT getting prosecuted, for almost killing someone !

There is somewhat of a postcode lottery going on with how seriously police treat these matters

I realise this driver may have a poor attitude towards cyclists, but he may take more care around them for the sake of his licence in future.

He may even tell others of his ordeal who may take more care themselves in case they also end up with points/fine etc for close passes.

 

[Arjimlad]

You think that will change driving style of that driver? I'm a little pessimistic after meeting someone at work who genuinely despises, even hates cyclists. So much so that he got a £50 about 20 years ago for pushing over a lead cyclist in a bunch of 20 and pretty much sent him into a ditch. Apparently he was particularly pleased with himself because it took out most of the 20 cyclists with one push.

Some might question that but knowing the guy it is more believable than not trust me. There's real hatred out there but even without that drivers tend to revert to a driving style after contact with traffic enforcement. It really only gives them something to moan about.

I'm guilty of that too after my one speeding ticket 15 plus years ago where I was "done" for a couple of mph over the limit on a very quiet motorway grade road in Scotland.

Sounds like a nasty piece of work. With more riders using cameras he may have to drive to a better standard if he values his licence.

 

[Time Waster]

Oh he's a nice enough guy but hates cyclists in an irrational way. He'd no longer do that but he was a passenger in a mates car, leaned out the car and pushed the cyclist over. Seems he had a plan to do most damage because he waited to push until he'd passed all of them but the lead cyclist. They went over in a big crash apparently. He was laughing about it a decade or more after it happened as he told us.

 

[DCBassman]

Oh he's a nice enough guy but hates cyclists in an irrational way.

Not a nice enough guy, then.

 

[tyred]

Oh he's a nice enough guy but hates cyclists in an irrational way. He'd no longer do that but he was a passenger in a mates car, leaned out the car and pushed the cyclist over. Seems he had a plan to do most damage because he waited to push until he'd passed all of them but the lead cyclist. They went over in a big crash apparently. He was laughing about it a decade or more after it happened as he told us.

My uncle and a friend did something like that in the late '70s and he still keeps going on about how funny it is and complaining that people can't take a joke any more.

 

[Saracenlad]

I reported this close pass from May 2021 to Avon & Somerset Police who accepted the report, confirming the driver would receive a warning, fixed penalty or prosecution.

I knew little of what happened next until I was asked to give a statement for court in late 2021.

Earlier this year I was told I would not need to attend the hearing as my witness statement had been agreed. This puzzled me because I had said that I considered the pass was too close for comfort and put me at unnecessary risk. Agreeing my statement basically involved accepting what I had said in it.

"The pass and situation was intimidating and scary at the time, I felt the rush of the van pass me. I could have reached out and touched it.

I'm not on the road to provide sport for drivers like this one, to be recklessly bullied or intimidated by dangerously close passes. I was simply riding home from work to my family the shortest way. If the driver had misjudged by a fraction, or I had moved out around a pothole, being hit by this van, weighing over 2,000 kg at these speeds I would have been very lucky to be alive, and would certainly have been seriously injured.

All I want is for drivers like this one to change their ways and drive safely around other people. That is why I reported this incident to the Police."

The matter went to trial on 3rd May and the driver was found guilty of driving without due care and attention.

The sentence was as follows:

• To pay a fine of £220.00
• To pay costs of £620.00 to the Crown Prosecution Service
• To pay a surcharge of £34.00 to fund Victims Services
• Driving record endorsed with 3 penalty points

I just hope the driver leaves cyclists more space in future.

Well done to you.

 

[Ming the Merciless]

Well done, seems driver got off lightly.

 

[Arjimlad]

Thanks. It's good to know an outcome of a report, makes it worthwhile bothering.