A taxi driver was given a warning letter after overtaking a long queue of traffic at speed in the wrong lane – narrowly avoiding an oncoming cyclist and her child in the process – because Derbyshire Constabulary believed that a conviction was “not realistic” and that prosecuting the motorist would not be “proportional”.

Cyclist Kate Ball was riding with her daughter on the Uttoxeter Road, a residential road with a 40mph speed limit in the Derby suburb of Littleover, when the taxi driver – overtaking a very long line of slow-moving traffic, right indicator blinking the entire time – passed them at speed, causing Kate to emit a startled ‘whoa!’

The astonishing incident (which can be viewed below) took place last Tuesday on what Kate describes as a key walking, wheeling, and cycling route in and out of the city, with two schools on streets adjacent to the section of the road the taxi driver evidently viewed as his own private circuit.

“My daughter goes to one of the schools,” Kate told road.cc.. “And there are no route options on quieter streets, or I’d use them!

“This bit of the road is really hairy because there’s a narrow paint cycle lane. Drivers think you should be in it, and think that as long as their wheels (and not their wing mirror) stay outside the paint, all is okay.

“The carriageway narrows as the road bends, effectively pulling drivers closer to the cycle lane. The infrastructure has been designed in a way that encourages loads of drivers to do really hazardous and frightening fast close passes.

“There are frequently vehicles parked in the cycle lane, too,” she continued. “Derby City Council have confirmed in writing that they allow all-day parking on double yellows, including in cycle lanes and on pavements, ‘for loading and unloading’. That gets exciting with poor sight lines and 40mph traffic.”

Judging by Kate’s ominous description, dangerous driving as exhibited by our overtaking taxi driver perhaps isn’t uncommon on the Uttoxeter Road.

Worried about the constant threat of close passes (though coming from the more conventional direction), Kate says that just before the incident, “I had looked over my shoulder, wondering about pulling into primary as the vehicle lane narrows there. I wasn’t expecting to look back and see that accelerating at me!”

Kate tells road.cc that the near miss was only the second spot of dangerous driving that she has submitted to Derbyshire Constabulary’s online portal.

“I got a cycle camera for Christmas,” she says. “I’ve tried talking to people as nicely as possible after close passes – you so often catch them at the next junction anyway – and have been sworn at and threatened quite a few times. The same thing happens about 50 percent of the time I have to ask parked drivers to move when they’re blocking a pavement, drop kerb, or shared path.

“So, I got a cycle camera to submit footage of terrible driving to try and do something to improve road safety without the extra risk of harm to me and the kids.

“This was the second video I’ve ever submitted to the Derbyshire’s online portal. We get close passes and dangerous interactions with drivers every single ride, but I wanted to make sure I was submitting things that were really obviously appalling driving.”

While the recent Near Miss of the Day 846, from Coventry, focused on the slow-moving wheels of road safety bureaucracy, in this case Derbyshire Constabulary moved extremely swiftly to give the taxi driver a mild slap on the wrist.

After her first submission – a close pass from a HGV driver – resulted in no action, Kate says she received a “generic response” within a day to confirm that the taxi driver would receive a warning letter.

“There was no reasoning given behind the decision not to prosecute and their letter says I can’t question this decision,” she said.

“So, I’m not terribly impressed with Derbyshire constabulary,” Kate continued. “I think if lots of drivers started getting NIPs and an offer of a driver education course, like a speed awareness course but for close passes or ‘Acting Like A Prune Near Pedestrians And Cyclists’ (that’s obviously the technical legal language), then points and fine for a second offence, it would make a big difference to how a lot of drivers behave around other road users. Just as speed awareness courses seem to really affect how a lot of people drive.”

Referring to road safety data publicised as part of a recent 20’s Plenty campaign, which shows that the proportion of deaths on the county’s roads is higher than the rest of the UK, Kate said: “Derbyshire roads are really not great for safety. The unwillingness of Derbyshire Constabulary to enforce bad driving has to be a big part of this problem.

“The unwillingness of local authorities including Derby to improve infrastructure to national guidance standards is another important issue making our roads disproportionately dangerous even in comparison to national figures.”

Road.cc has contacted Derbyshire Constabulary for comment.

https://road.cc/content/news/near-miss-day-849-299089

On 05/02/2023 06:03 pm, swldx...@gmail.com wrote:

> A taxi driver was given a warning letter after overtaking a long queue of traffic at speed in the wrong lane – narrowly avoiding an oncoming cyclist and her child in the process – because Derbyshire Constabulary believed that a conviction was “not realistic” and that prosecuting the motorist would not be “proportional”.
>
> Cyclist Kate Ball was riding with her daughter on the Uttoxeter Road, a residential road with a 40mph speed limit in the Derby suburb of Littleover, when the taxi driver – overtaking a very long line of slow-moving traffic, right indicator blinking the entire time – passed them at speed, causing Kate to emit a startled ‘whoa!’

Is that what determines whether an offence has been committed?

When a fairy-cyclist emits a startled 'whoa'?

> The astonishing incident (which can be viewed below) took place last Tuesday on what Kate describes as a key walking, wheeling, and cycling route in and out of the city, with two schools on streets adjacent to the section of the road the taxi driver evidently viewed as his own private circuit.
>
> “My daughter goes to one of the schools,” Kate told road.cc. “And there are no route options on quieter streets, or I’d use them!
>
> “This bit of the road is really hairy because there’s a narrow paint cycle lane. Drivers think you should be in it, and think that as long as their wheels (and not their wing mirror) stay outside the paint, all is okay.
>
> “The carriageway narrows as the road bends, effectively pulling drivers closer to the cycle lane. The infrastructure has been designed in a way that encourages loads of drivers to do really hazardous and frightening fast close passes.
>
> “There are frequently vehicles parked in the cycle lane, too,” she continued. “Derby City Council have confirmed in writing that they allow all-day parking on double yellows, including in cycle lanes and on pavements, ‘for loading and unloading’. That gets exciting with poor sight lines and 40mph traffic.”
>
> Judging by Kate’s ominous description, dangerous driving as exhibited by our overtaking taxi driver perhaps isn’t uncommon on the Uttoxeter Road.
>
> Worried about the constant threat of close passes (though coming from the more conventional direction), Kate says that just before the incident, “I had looked over my shoulder, wondering about pulling into primary as the vehicle lane narrows there. I wasn’t expecting to look back and see that accelerating at me!”
>
> Kate tells road.cc that the near miss was only the second spot of dangerous driving that she has submitted to Derbyshire Constabulary’s online portal.
>
> “I got a cycle camera for Christmas,” she says. “I’ve tried talking to people as nicely as possible after close passes – you so often catch them at the next junction anyway – and have been sworn at and threatened quite a few times. The same thing happens about 50 percent of the time I have to ask parked drivers to move when they’re blocking a pavement, drop kerb, or shared path.
>
> “So, I got a cycle camera to submit footage of terrible driving to try and do something to improve road safety without the extra risk of harm to me and the kids.
>
> “This was the second video I’ve ever submitted to the Derbyshire’s online portal. We get close passes and dangerous interactions with drivers every single ride, but I wanted to make sure I was submitting things that were really obviously appalling driving.”
>
> While the recent Near Miss of the Day 846, from Coventry, focused on the slow-moving wheels of road safety bureaucracy, in this case Derbyshire Constabulary moved extremely swiftly to give the taxi driver a mild slap on the wrist.
>
> After her first submission – a close pass from a HGV driver – resulted in no action, Kate says she received a “generic response” within a day to confirm that the taxi driver would receive a warning letter.
>
> “There was no reasoning given behind the decision not to prosecute and their letter says I can’t question this decision,” she said.
>
> “So, I’m not terribly impressed with Derbyshire constabulary,” Kate continued. “I think if lots of drivers started getting NIPs and an offer of a driver education course, like a speed awareness course but for close passes or ‘Acting Like A Prune Near Pedestrians And Cyclists’ (that’s obviously the technical legal language), then points and fine for a second offence, it would make a big difference to how a lot of drivers behave around other road users. Just as speed awareness courses seem to really affect how a lot of people drive.”
>
> Referring to road safety data publicised as part of a recent 20’s Plenty campaign, which shows that the proportion of deaths on the county’s roads is higher than the rest of the UK, Kate said: “Derbyshire roads are really not great for safety. The unwillingness of Derbyshire Constabulary to enforce bad driving has to be a big part of this problem.
>
> “The unwillingness of local authorities including Derby to improve infrastructure to national guidance standards is another important issue making our roads disproportionately dangerous even in comparison to national figures.”
>
> Road.cc has contacted Derbyshire Constabulary for comment.
>
> https://road.cc/content/news/near-miss-day-849-299089
>

IanMSpencer | 1654 posts | 7 hours ago
1 like
That should have been prosecuted as driving without due consideration purely on passing the queue on the wrong side of the road. CPS charging guidelines use the example of queue jumping using a left turn lane to go straight on, so I don't see why the police should squirm about this one.

You could gain the impression they are more bothered about swearing than driving at times.

The problem with this sort of driving is that half the drivers will be pissed off, the other half will be thinking "Why didn't I think of that?" Then it evolves into another Gandalf Corner.
Driving on the right seems a form of entitlement.

https://twitter.com/KateM45/status/1620770582467088384 (link is external)

"This crossing in @Royal_Greenwich (link is external) in a 20mph zone between schools has dozens and dozens of drivers every morning approach on wrong side of the road and continue to plough through crossing children and commuters. If you point out they are out of line they swear/vicious threats"

Presumably the police think that everyone thinks it is ok to do this, so the driver would get off in court.

I hope the licensing authority take a different view.

I have taken the lane before in that sort of situation both with dustcarts. One driver abandoned and the other one smashed his wing (sic) mirror on the dustcart.

On 06/02/2023 04:59 am, swldx...@gmail.com wrote:
>
> IanMSpencer | 1654 posts | 7 hours ago
> 1 like
>
> That should have been prosecuted as driving without due consideration purely on passing the queue on the wrong side of the road. CPS charging guidelines use the example of queue jumping using a left turn lane to go straight on, so I don't see why the police should squirm about this one.
>
> You could gain the impression they are more bothered about swearing than driving at times.

??? In English, please?
>
> The problem with this sort of driving is that half the drivers will be pissed off, the other half will be thinking "Why didn't I think of that?" Then it evolves into another Gandalf Corner.

Is there any suggestion that anyone passed a "Keep Left" sign on the right?

Other than countless fairy-cyclists, I mean.
>
> Driving on the right seems a form of entitlement.

It is not unlawful, if that's what you mean.

> https://twitter.com/KateM45/status/1620770582467088384 (link is external)
>
> "This crossing in @Royal_Greenwich (link is external) in a 20mph zone between schools has dozens and dozens of drivers every morning approach on wrong side of the road and continue to plough through crossing children and commuters.

:-)

You are DEFINITELY thinking of fairy-cyclists there!

If motor vehicles were "plough[ing] though crossing children and
commuters" every morning (ie, like fairy-cyclists do), we'd hear about
it - every day - in the meeja.

But we don't.

So it doesn't happen.

IOW, you're lying.

> If you point out they are out of line they swear/vicious threats"

Liar (again). And overtaking is not unlawful.
>
> Presumably the police think that everyone thinks it is ok to do this, so the driver would get off in court.

"Get off in court" on the technical basis that what he had done was not
unlawful?

I should cocoa!

> I hope the licensing authority take a different view.

What "licensing authority"?
>
> I have taken the lane before in that sort of situation both with dustcarts. One driver abandoned and the other one smashed his wing (sic) mirror on the dustcart.

Dustcart crews are the Big Boys of the janitorial world, aren't they?

You must be disappointed that you never managed to make into that Big
League.

Avatar
giff77 replied to Martin73 | 1963 posts | 5 min ago
0 likes

Nonsense. I would never pull a stunt like that while driving. I might take the risk to make a right turn. BUT only with 1/2 cars and if confident no traffic was emerging the side street. This stunt was not filtering.

Exactly. Also. A crossing pedestrian will be endangered as they will be looking down the empty lane for moving traffic and a motorist while not great craft will be looking to their right for approaching vehicles.