-
Quick response:
In regards to close passes they can be hard to judge and explain as each one will be a unique situation.
At this moment there is no specific law regarding the definition of a close pass and as such these scenarios are processed as an offence of “driving without due care and attention” or “inconsiderate driving“ and therefore the evidence must meet a specific criteria as if it is to be presented to the Court. Generally this means that the victim must be inconvenienced by the other driver by having to slow, stop or swerve or the manner of driving witnessed has fallen far below the standard expected of a safe and competent driver.
Therefore for “Close Passes” we have to judge each case on its own merits such as road conditions, speed, location, is the cyclist affected in any way and is the cyclist put in danger.
With this in mind we believe that if a car passes you doing road speeds (20/30mph etc.) and that your outstretched arm can touch the vehicle this may be considered a close pass.
With all this in respect the evidence is also affected greatly by the footage supplied to us as well such as the position of the camera/s as each angle can be misleading.
In regards to your footage it shows yourself cycling at a moderate pace, the Vauxhall is seen to approach from behind and overtakes at a reasonable speed. From your footage you are not affected by having to slow, stop or swerve. The camera from underneath your pannier makes it difficult to judge how close the vehicle is. In this case we have decided that we would not be successful in a prosecution.
Please continue to report cases of poor driving. All information is kept by a Road Safe Team who use the information for intelligence purposes.
I hope this clarifies the situation.
Well that's the problem - the law isn't the law because there's no legal minimum distance like in Spain.
But Rule 163 of the Highway Code says drivers must: “Give vulnerable road users at least as much room as you would when overtaking a car,”. That would seem to be the best definition for practical purposes, but if a pass you felt was close was rejected it would suggest they're using something else.
Can you ask what their criteria is?