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aus+uk / uk.rec.cycling / Re: Near Miss of the Day 768: Driver squeezes between two cyclists – but only receives warning letter as rider didn’t “swerve

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* Near Miss of the Day 768: Driver squeezes between twswldx...@gmail.com
`- Re: Near Miss of the Day 768: Driver squeezes betweeswldx...@gmail.com

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Near Miss of the Day 768: Driver squeezes between two cyclists – but only receives warning letter as rider didn’t “swerve

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Subject: Near_Miss_of_the_Day_768:_Driver_squeezes_between_tw
o_cyclists_–_but_only_receives_warning_letter_as_rider_did
n’t_“swerve
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 by: swldx...@gmail.com - Fri, 13 May 2022 16:01 UTC

This close passing driver was issued with an advisory letter after narrowly avoiding both the cyclist he was attempting to overtake and another rider coming the opposite way.

However, road.cc reader Tim, who reported the footage to the Met, was told by the police that as the close pass didn’t cause him to slow, stop or swerve, and because the view of the other cyclist wasn’t available, the motorist received an advisory letter rather than a Notice of Intended Prosecution.

After questioning the Met’s decision and asking for clarification on what constitutes a close pass, the cyclist received the following reply: “There is no separate single offence for a ‘Close Pass’. This is proceeded with as a careless driving offence (driving without due care or driving without reasonable consideration for other road users).

“We wouldn’t be able to proceed with a close pass event on an unknown third party, as we do not have the victim’s viewpoint if it was presented to Court.

“Every piece of footage is reviewed and judged on its own merits, as you can appreciate. The careless driving offences are quite broad in their definition, so it is quite difficult to answer your question. I’ve always told people to send it in – as there might be something we see to support an offence. But the most simple requirement would be to cause someone to slow, stop or swerve.”

https://road.cc/content/news/near-miss-day-768-292767

Re: Near Miss of the Day 768: Driver squeezes between two cyclists – but only receives warning letter as rider didn’t “swerve

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Subject: Re:_Near_Miss_of_the_Day_768:_Driver_squeezes_betwee
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_didn’t_“swerve
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 by: swldx...@gmail.com - Fri, 13 May 2022 16:16 UTC

Velo-drone | 196 posts | 52 min ago
1 like
Isn't it fascinating how a cyclist that is close passed can be a "victim" if being so helps the police to avoid taking material action, but is definitely not a "victim" but only a "witness" when it comes to the question of whether they should be provided with updates and information on the outcome of their allegation in accordance with the standards of the Code of Practice for Victims of Crime?

Those damn Schrodinger's cyclists again.

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