Is it worth reporting...

Commuting, Day rides, Audax, Incidents, etc.
Elizabethsdad
Posts: 1158
Joined: 15 Jan 2011, 7:09pm

Is it worth reporting...

Post by Elizabethsdad »

the dangerous overtaking with horn blowing on my journey into work this morning and coming home from work this evening by the same car? Has the driver singled me out as target for his frustrations or does s/he do this other cyclists and anyone else in his/her way? I have both overtakes on helmet camera video and saved the relevent clips - I am not you tube so can't share them, sorry. But should I report them now to nip this behaviour in the bud or wait to see if I have another encounter? Twice in the same day on different trips seems like deliberate harrassment to me.
User avatar
meic
Posts: 19355
Joined: 1 Feb 2007, 9:37pm
Location: Caerfyrddin (Carmarthen)

Re: Is it worth reporting...

Post by meic »

It is harassment but the Police may try and ignore it as it is on the road.
If you go and report it, report it as harassment NOT a road offence but they may try to prevent that.
I think that you may need a third occurrence for it to be "sustained". Yet it will be much better if you have already made the report now, before the third incident occurs.

I did have a similar occurrence and it stopped after the Police spoke to the driver, rather than leading to a caution etc.
Yma o Hyd
AlanD
Posts: 1733
Joined: 27 Mar 2008, 1:29pm
Location: South Oxfordshire

Re: Is it worth reporting...

Post by AlanD »

Other cyclists may be on the receiving end of this also. Where/when is it happening? Make/model/colour/registration number?
Hudson1984
Posts: 213
Joined: 21 May 2012, 2:02pm

Re: Is it worth reporting...

Post by Hudson1984 »

not meaning this in any way derogatory but are you sure it's no-one you know? could be saying hi on the way to work and see ya on the way home with a friendly hoot.

reason I ask as i had the same thing, started moaning about it in the office and it turned out to be a workmate playing silly B****** :roll:
Edwards
Posts: 5982
Joined: 16 Mar 2007, 10:09pm
Location: Birmingham

Re: Is it worth reporting...

Post by Edwards »

Hudson1984 wrote:reason I ask as i had the same thing, started moaning about it in the office and it turned out to be a workmate playing silly B******


If I had someone like that when I worked they certainly would not be a "mate" and probably would not be able to work again.

The OP needs to get the vehicle details the time and place, keeping a log. Then when it is reported as it should be you are showing a history of premeditated harassment.
Keith Edwards
I do not care about spelling and grammar
eileithyia
Posts: 8399
Joined: 31 Jan 2007, 6:46pm
Location: Horwich Which is Lancs :-)

Re: Is it worth reporting...

Post by eileithyia »

Keep the video footage, record any more incidents, once you have 3-4 you may have more of a case of harrassment, then report.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells
Elizabethsdad
Posts: 1158
Joined: 15 Jan 2011, 7:09pm

Re: Is it worth reporting...

Post by Elizabethsdad »

Was quite busy at work today so didn't get around to phoning the police - I did wonder if it was someone I knew but if so I don't think they like me the way they were overtaking. I think I will sit on it for now and see If I encounter them again this week. My only worry about not reporting it is if they do this to other cyclists as well. I will keep all the relevant details and video clips.
thirdcrank
Posts: 36781
Joined: 9 Jan 2007, 2:44pm

Re: Is it worth reporting...

Post by thirdcrank »

It seems to me that commuting cyclists are much more prominent and memorable than most motor vehicles being used for regular journeys. I particularly became aware of this during the couple of years I worked office hours at headquarters. I regularly received friendly comments from colleagues - even people who worked in the same building but I didn't really know - saying that they had overtaken me somewhere on the journey but that I had then passed them again when they were queueing into Wakefield. This must also happen with total strangers and it will only become a problem if they take exception to something that you do - even if it's only overtaking them when they are queueing. This is one of the reasons why I think it's best to resist the temptation to shout or gesticulate as a response to inconsiderate driving.

One problem is that nobody, including some cyclists who have not experienced this first hand, takes it seriously.

If you do decide to report this to the police, have a clear idea of why you are reporting it and what you want to achieve. Bearing in mind your comments about not wanting this to happen to any other riders, have a look at this:-

viewtopic.php?f=7&t=27769#p218832

That's only my own take on legislation that was introduced long after I had retired. I don't know if my interpretation is correct or how the police look at this. None of the serving police officers who posts on here has suggested I'm way out. One thing's for sure: if things like this are not reported and recorded, nobody but the target will know what's happened.
Elizabethsdad
Posts: 1158
Joined: 15 Jan 2011, 7:09pm

Re: Is it worth reporting...

Post by Elizabethsdad »

Reported it on the 101 number. The officer I spoke said that I was right to report it and that it would be recorded in case of further incidents or if anyone else reports the same vehicle. He said someone might get in touch with the driver but that would be up to the road policing unit. Even if nothing else happens about it I feel better that I did report it.
roadvader
Posts: 116
Joined: 9 Feb 2012, 9:05pm

Re: Is it worth reporting...

Post by roadvader »

get the reg and just report it at the local station,walk in there and do it,i did with a mate in may of this year,we had a bit of trouble so took rego and reported it,its well worth it,why should we as road uses put up with it!!,most things i let go but certain harassment then im sorry i go and report,so do it,this guy was a hgv driver and pleaded guilty in court and has a conditional discharge for 12 months,which is a criminal record and its designed to serve as an incentive to prevent re-offending.

if convicted of committing any other offence during the time of conditional discharge then in addition to the sentence for that offence the defendant can be re-sentenced for the offence(s) of the case.

its in your favour!!
sorry love not tonight im shaving my legs...
irc
Posts: 5195
Joined: 3 Dec 2008, 2:22pm
Location: glasgow

Re: Is it worth reporting...

Post by irc »

Of course having the evidence isn't enough. The cycling lawyer's latest post is a dangerous overtake caught on video where the driver then threatens him and makes it clear the maneuver was deliberate because cyclists belong on the cycle path.

Result - prosecution not in the public interest!

http://thecyclingsilk.blogspot.co.uk/20 ... ecute.html
thirdcrank
Posts: 36781
Joined: 9 Jan 2007, 2:44pm

Re: Is it worth reporting...

Post by thirdcrank »

I'm amazed that this didn't evoke any interest on here. :?
snibgo
Posts: 4604
Joined: 29 Jun 2010, 4:45am

Re: Is it worth reporting...

Post by snibgo »

I read the article, saw the video, and wasn't surprised at the outcome. I take it as a given that, unless there is a collision or injury or something really outstanding, the police won't prosecute careless drivers.

I very rarely discuss their behaviour with a driver. When I have, I'm generally left with the impression that they thought it was my duty to get out of their way, irrespective of road markings etc. They seem to think that bikes should always give way to cars. (I don't think many motorists have this attitude. It's a very small proportion.)

I've never had a motorist say SMIDGAF or equivalent. (If anyone doesn't know: "Sorry Mate I Don't Give A *".) But I no longer have the dubious joy of commuting into cities.
irc
Posts: 5195
Joined: 3 Dec 2008, 2:22pm
Location: glasgow

Re: Is it worth reporting...

Post by irc »

I can see the argument for not prosecuting where a driver can claim a misjudgement or lack of attention as there are competing priorities. I think it is inexcusable though where there is proof the driver intended to intimidate the cyclist. It's arguably an assault, never mind bad driving.
thirdcrank
Posts: 36781
Joined: 9 Jan 2007, 2:44pm

Re: Is it worth reporting...

Post by thirdcrank »

irc wrote:I can see the argument for not prosecuting where a driver can claim a misjudgement or lack of attention as there are competing priorities. I think it is inexcusable though where there is proof the driver intended to intimidate the cyclist. It's arguably an assault, never mind bad driving.


+1. If the public interest test is applied correctly, then it only comes to be considered if the sufficient evidence test is passed, so, as M Porter points out, somebody has decided that in spite of the evidence, this should go no further.

snibgo wrote:...I very rarely discuss their behaviour with a driver. ...


I wonder if somebody thinks that the subsequent discussion in this case makes a prosecution inappropriate. :? I'm clutching at straws with this, because to me it's a straight race. However, there is a school of thought that says if you want the police to deal with something, don't stick your own neb in. It can make it look as though the prosecution is somehow taking sides. From an evidential POV, a facial shot of the driver is valuable, since it makes identifying them so much easier. In this case, the discussion revealed the motivation.

IMO one man-in-the-street explanation of "not in the public interest" might be if the people making the decision at court, be it magistrates or a jury were to be likely to think "Why on earth has this come to court?" if they knew all the background as well as the evidence. I don't think a reasonable person would take that view here.
Post Reply