One ABD correspondent has written to the ABD about the fact that he received a Notice of Intended Prosecution about a claimed offence of passing a cyclist too closely in North Wales, which he denies. The police are claiming to have evidence based on a headcam worn by a cyclist but are refusing to disclose the video evidence or even a transcript of a statement given by the cyclist.
Firstly, headcam or dashcam footage can be used as evidence in criminal cases if some conditions are met although the widespread use of cameras does raise the question of privacy. There is effectively none at present on the public roads.
As regards disclosure of evidence, the police certainly need to disclose the evidence if they intend to pursue a prosecution. See this article on Pepipoo for more information on that subject: http://www.pepipoo.com/Disclosure.htm . Perhaps the Police are relying on people accepting a Fixed Penalty Notice rather than going to court to challenge the case, but that would be most dubious.
As regards the distance that vehicle users should allow when overtaking a cyclist, the Highway Code says the following: “Give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car” and “Give them plenty of room and pay particular attention to any sudden change of direction they may have to make”. This is somewhat unspecific as some drivers might feel they need not give much space when overtaking another vehicle at slow speeds.
One can see that any prosecution might be difficult based on those parts of the Highway Code. So cyclists have called for more specific limits, e.g. 1.5 metres, or perhaps 1.0 metre on roads with lower speed limits. Ireland proposed to introduce such a law but it was abandoned after realisation that it would create legal difficulties. The Department for Transport is currently considering the matter in the UK.
But in this writer’s view, any specific limit is not sensible. In central London, where streets are narrow, and traffic speeds are low, giving 1.5 metres would not be easy and might simply lead to encroachment onto the opposite carriageway thus creating other road safety risks. Likewise on some of the narrow country roads in North Wales. A wide limit on high-speed dual carriageways or other A-roads may be quite appropriate but equating it to the road speed limit rather than the speed of a vehicle and its size makes no sense. Larger vehicles that create much bigger back drafts are more of a risk to cyclists and drivers of those need to allow more space.
Perhaps the Highway Code should be reworded to try and clarify what is a reasonable passing distance but any specific limit seems unwise because it very much depends on the circumstances. The ABD will respond to any public consultation on this issue if one appears.
In the meantime, it seems some Police Forces are using “Careless Driving” offences to try and enforce specific passing distances and are even offering “education courses” as an alternative to taking the points and fines. That is much the same way as they offer speed awareness courses which the ABD is campaigning against (see our AMPOW campaign at https://www.speed-awareness.org/ ). This is morally and legally dubious and should be strongly opposed.
Cycling in London
There are a number of cyclists who avidly read the ABD London blog (see https://abdlondon.wordpress.com/ ). Many of them are critical of the issues raised therein about the standards of cycling in London in a number of articles. It was very amusing to read an article in the Financial Times last Saturday (29/9/2018) by Katie Martin. She is an FT writer and she gives the views of someone who has been cycling to the office for the last nine years.
She said cyclists would be wrong to assume the main threat was cars, and she highlights two others as of importance: the road itself and other cyclists.
Potholes are a major menace to cyclists and she points out that unlike for vehicle drivers, potholes are not just a route to a repair shop, they are a risk to life and limb. I am sure that all road users will agree that potholes have become a major menace as expenditure on road maintenance and proper resurfacing has been cut back by local councils.
But she says an under appreciated risk is other cyclists who are “comfortably the diciest fellow users of the road”. She describes most of them as “infuriatingly rubbish and some would struggle to pass a primary school proficiency test”. She reports that they run red lights, don’t signal before they swing into your path, don’t use lights in the dark and barge in front of you at traffic lights. There is much more in the same vein.
She also criticises pedestrians, and car passengers who open doors without looking, but she does not wish to put off anyone from cycling! You can read the full article here: https://www.ft.com/content/b6ffcb9c-c239-11e8-8d55-54197280d3f7 . I hope she does not get too many abusive comments from her fellow cyclists.