I wish to draw your attention to an incident that I have had dealt with by one of your officers. On 14th August 2013 I was the victim of what I perceived as an intentional close pass by a car whilst cycling to work. The incident was recorded on my helmet camera and the footage has been viewed by the officer in question. On 28th August 2013 I received a phonecall from the Officer to inform me of the outcome and the action he would be taking.
I was told that due to the language used by myself at the time of the incident, the case would not be able to go to court as I would be liable to be charged with a public order offence. I explained my reasons for my actions to the officer, however he did not agree with me. When I am on a bike and someone in a ton of metal passes me extremely close, it can be expected that my reaction may be colourful. If you drop a heavy object on your foot, chances are quite a lot of people will swear or curse, it's a natural reaction. Therefore I do not believe that this is any reason not to take further action.
I was also told that even if I had not sworn at the driver, the case would still not be taken further than a word with the driver. Please can you explain why this would be the case? The footage clearly shows careless or dangerous driving from a person driving a dangerous weapon around. With the new laws in place to enforce Careless driving, can more not be done about this incident?
More worryingly I was told the following by the officer. He told me that he was a keen cyclist himself and that he cycles a similar route to work himself.
He went on to tell me that I should not be cycling in the middle of the lane, but instead I should be riding on the left of my lane. This goes against what the National Standard of Cycle training advises and after speaking to a cycle instructor about my road position, they have confirmed that the middle of my lane was appropriate at the time of the incident. By riding at the left of the lane, I would not be discouraging drivers from trying to pass me in the same lane. If you look at the video, you can clearly see that at the time the driver passed me, there was not enough room in my lane for both me and him. Rule 163 of the highway code states:
Overtake only when it is safe and legal to do so. You should
- not get too close to the vehicle you intend to overtake
- use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out
- not assume that you can simply follow a vehicle ahead which is overtaking; there may only be enough room for one vehicle
- move quickly past the vehicle you are overtaking, once you have started to overtake. Allow plenty of room. Move back to the left as soon as you can but do not cut in
- take extra care at night and in poor visibility when it is harder to judge speed and distance
- give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road
- only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so
- stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left
- give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car
The driver of the car did not give me nearly enough room as is required and you can also see that the lane to my left was empty and therefore using my lane to pass was completely unnecessary.
The Officer then went on to tell me that the council have installed a cycle lane around that junction and it may be wise to use this instead. I explained my reasons why I don't use the cycle lane in question as the Department for Transport advises a speed limit of 17mph on cycle paths. I travel at nearer the 20-25mph mark and therefore cannot use the cycle path provided at that speed.
He said that I need to be an innocent cyclist if I want anything to happen in regards to offending motorists. Is the officer saying that if, in his eyes, I am in the wrong, that excuses the actions of a motorist endangering my life? He told me that if I had been riding near the kerb and a motorist passed me that close, then he would take further action, however because he did not agree with my road positioning he wouldn't in this incident.
He said that I should ride a foot from the kerb, where drivers expect to see cyclists and that I need to accept that car drivers are cars drivers, they don't understand cyclists.
The information given to me by the officer contradicts all cycle safety information I have been given and seen. If you go to
https://www.facebook.com/PedalPowerCycleTraining?fref=ts and look at the two videos from the 19th August 2013, you can see why it is advised to take a central position in certain circumstances.
My main concerns are why this incident is not being taken further, but more importantly, why your officer is giving out information that may put cyclists at risk.
Many Thanks for your time,