The Highway Code
One of the biggest cause of conflict between cyclists and motorists is the room left for one another on the road especially when a motorist chooses to overtake a cyclist. The issue of motorists leaving sufficient room when overtaking was heavily publicised earlier this year after plain clothes police operations were implemented to catch motorists who were guilty of a “Close Pass”
Some motorists find the presence of cyclists on the road a source of great frustration and annoyance but as we outline in this article the Highway Code and Road Traffic Act 1988 make it clear that the responsibilities lay heavily on the motorist to take care for the safety of cyclists. The “Close Pass” scenario is not defined in law as an offence in itself. However, we have examined the two main sources of information concerning this to establish just what motorists and cyclists should do to avoid falling foul of legal and safety recommendations.
It may come as a surprise that the Highway Code does not specifically have a distance which would be considered a “Close Pass”.
Section 163 of the Highway Code states in relation to cyclists that you should:
“Give motorcyclists, cyclists, and horse riders at least as much room as you when overtaking a car”Section 163 of the Highway Code
The standard wording and lack of a clear distance in relation to what is safe and lawful makes it difficult to definitively advise on what would be considered a “Close Pass”.
That being said, in the last couple years, a number of police forces have undertaken operations and initiatives to educate drivers on the need for at least a minimum distance of 1.5 metres between cyclist and vehicle. Whilst the Highway Code does not specify a minimum distance, it is generally accepted that anything closer than 1.5 metres of space will constitute a “Close Pass” and therefore could see the motorist overtaking with a lesser distance between them facing prosecution.
Complaints regarding a “Close Pass”
A cyclist cannot specifically make a complaint in regards to an offence of “Close Pass” as this in itself does not exist. However, a cyclist can contact their local police force non-emergency number or visit their local police station to make a formal complaint against a driver. Many cyclists wear go pro cameras as standard these days and it would certainly help to provide any footage to the police.
The police will want to assess the evidence, including but not limited to: notes, eye witness accounts, and helmet cameras. Cyclists should note, that although they have made a complaint regarding an alleged careless driving offence, each case will be judged on its own merits. Any prosecution will have to prove beyond all reasonable doubt that the driver in question did drive without due care and attention. This means whilst you may have helmet footage or evidence of a “Close Pass” incident, it does not mean that the police will automatically take action, it all depends on case specific circumstances.
Penalty for a “Close Pass”
Although there is no law in the Road Traffic Act 1988 for driving too close to a cyclist, there is a law for “Careless Driving”. Section 3 of the Road Traffic Act 1988 states:
“If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence”.Section 3 of the Road Traffic Act 1988
This means that if you are driving too close to a cyclist, it is possible that you can receive a fixed penalty of 6 penalty points and a £100.00 fine. If the case is brought before the court, careless driving can see you receive anywhere from 3-9 penalty points, a fine of between 50%-150% of your weekly income, or even a discretionary disqualification from driving.
Alternatives to Penalty Points
In some cases the offer of a driver improvement course may be made instead of a fixed penalty or court prosecution. This solution avoids the motorist being unfairly penalised whilst also addressing the driving behaviour that led to police involvement in the first place.
Call Us Now Free on 0800 1389 123
Call Geoffrey Miller Solicitors 24 hours 7 days a week
Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
49 Comments
-
Adam
on May 14, 2020Hi
I closely passed cyclists today less than 1meter not sure if he had a camera, but if I’ve been reported is there any chance of taking awareness course instead of a penalty points?
Thanks
Adam -
Jeanette Miller
on May 14, 2020Thanks for making your enquiry. A driver improvement course is certainly available for minor offences. However, they are very much at the discretion of the police. We would recommend you await further contact and if a course is offered to you, this would be a good way to resolve the matter without any penalty points being imposed.
If you need to discuss this matter further then please do get in touch and use our free “triage” service for enquiry calls.
(We are fully operational 8am-10pm weekdays and 10am-10pm at weekends and bank holidays despite current lockdown measures.)
The Geoffrey Miller Team
-
David Dugdale
on June 27, 2020I received a letter from the police yesterday for driving without due care and attention,it was last Sunday ( Father’s Day ) and I had my 15 year old daughter in the car,I have a clean license and have from over 10 years,I simply over took the cyclist as I have done over the years,I need to post the letter to state I was the driver.what happens now?
-
Jeanette Miller
on July 1, 2020Hi,
When you respond to the notice, you may receive the offer of a fixed penalty of 6 points and a fine for the offence or it is possible that you will be offered a driver improvement course. During the Covid-19 crisis many courses are still taking place online and this would be by far the best outcome if it is offered as you would avoid receiving any points.If you wish to challenge the allegation, then when the police next get in touch, why don’t you give us a call to discuss this further. Be warned, however, the law heavily protects cyclists as outlined in this article.
We hope this helps
The Geoffrey Miller Team
-
Ade Walbridge
on October 21, 2020Hi there
I’ve just received a notice of intended prosecution for passing a cyclist too closely.
Photos from the cyclist’s helmet camera show me across the chevrons in the middle of the road which looks like a gap of at least 3 feet from the curb. I’m going to measure the width of the road because I know how a camera filming aspect ratio can make things look closer than they are as I genuinely thought I’d given him plenty of room.
The problem I’ve got is I think the cyclist is a policeman as the NIP was issued the day after the incident which happened at 6pm the night before. Could Joe public get footage from camera, send/email to police, police look at footage and make a decision, issue NIP in less than 24hrs?
I only think he’s come after me as after a very brief exchange of words at the time of the alleged offence I told him to “get a life” which obviously upset his delicate nature.
Is it worth me trying to prove I did in fact give him plenty of room?
At the same time I also got another NIP for no MOT which I hadn’t realised had expired (hardly surprising with the current situation)
Since had the vehicle MOT’d and I’ll obviously pay the fine I just feel he’s come after me for my comment rather than my driving.
Appreciate any help with this. -
Jeanette Miller
on October 22, 2020Dear Ade,
Thank you for your query, please see below our response.
The law has been implemented to ensure the safety of cyclists, as such motorists must keep a distance of at least 1.5 metres from a cyclist when driving alongside or overtaking them. As such if you do intend to measure the distance away from the cyclist in your circumstances this is the distance that should be noted.
It is difficult to determine whether or not it is possible for an incident to be reported and an individual receive a notice of intended prosecution within 24 hours, although it does seem to be very quick. In terms of whether or not it is worth defending the allegation, if upon your investigation you remain of the belief that you did not encroach dangerously close to the cyclist then you are entitled to defend yourself and we would be happy to discuss this further if you contact us.
In the event you plead guilty or were convicted after trial you would be fined.
We hope the above assists.
The Geoffrey Miller Team
-
Jamie Keefe
on August 29, 2021Hi , I was involved in an incident nearly three weeks ago where I was accuse of close passing a cyclist in a single track lane , after passing him I heard him shouting at me so I stopped he came to the window , and I said what’s the problem mate and he said you were too close to me then but in a very aggressive way , I told him to get a grip and drive off as I could see he was fine and I had t touched him and from what I can remember I gave him plenty of room, but like I say it was a single track lane and there wasn’t a great deal of room. I thought nothing if it until I recieved a bad review on my business page which I considered slander at that point as nothing had been proven yet , he was very derogatory about my intelligence and about my trade as a paver , I replied with a calm response telling him since my cyclist friend had been killed last year I always give cyclists safe distance and horses too , I did not hear from him then for nearly two weeks when he contacted me to tell me that we will see what the police think about it , I did read somewhere that if someone is going to file a complaint they must do within seven days as the police have 14 days to issue an NIP . Can you please tell me where I stand with this issue of a possible close pass in a country lane thankyou jamie .
-
Jeanette Miller
on August 31, 2021Dear Jamie,
Thanks for your comment and enquiry. There is a 14 day time limit for a Notice of Intended Prosecution to be sent to the registered keeper of the vehicle. This can be a finance company if your vehicle is on a lease etc. The 14 day time limit does not apply if there was an accident. This sounds like the kind of incident that could be resolved by you being offered a driver improvement course but at worst, a possible low level careless driving allegation. If the police do send a notice or get in touch, give us a call for further advice.
I hope this assists.
The Geoffrey Miller Team -
judi culverhouse
on November 2, 2021I too have received nip AND THE offer of a course.I’ve had a clean licence for 50years.I am 74, a cancer patient and a Blue badge holder.I have been told that the course would cost me £97! This equates to the cost of 3 weeks groceries or half of the Winter Fuel allownce: so I shall have the choice of being hungry and/or cold. I think that this is out of all proportion to the alleged offence ( footage was submitted to the MET by a cyclist.) The met have said that to appeal I shall hve to go to court but of course I am worried about the costs involved.Plse advise.(I would have thought a warning would have been more appropriate in this instance.)
-
Jeanette Miller
on November 3, 2021Dear Judi,
Thank you for your online enquiry. Given you have received the NIP (assuming within 14 days of the alleged offence) then the police are proceeding with the offence. It is therefore unlikely that you will be given a warning for this offence. If you have not completed this, you have a legal requirement to respond to the notice, and we therefore advise that you do as failure to do so may result in additional charges being laid.
Should you choose to not accept the course due to the cost, you may receive a fixed penalty offer of points and potentially a more costly fine ( a minimum £100 fine), or this matter will be dealt with at court. Should the matter go to court and you be convicted, you may receive points, or a disqualification, as well as a financial penalty and court costs. This may exceed the cost of the course or the fixed penalty offer but you may be given time to pay.
The Geoffrey Miller Team
-
Tim H
on January 5, 2022You must look out for any vulnerable road user, and not put them in danger. That’s the basis of the law.
If you’re overtaking pedestrians, horses, cyclists, skateboarders or any form of non motorised transport, you need to be at least 1.5 metres away. From the person, not the kerb!
If you’re on a single track lane, and there’s no space to pass, be patient until there’s a passing point.
More and more vulnerable road users have cameras. They’re only £20, and considered a good investment by many.
To avoid a NIP, avoid committing the offence in the first place. But if it’s your first offence, then driver education is the usual outcome, and also the goal of police in reducing future offences. Fines and points don’t work… -
BM
on January 12, 2022I had a notice come through this morning, it came with 3 stills taken from a video, which aren’t a clear indication of what was going on. I am sure I was far enough away for it to not be an offence, but I have no way to check. The safer roads team has advised that I cannot see the footage unless I dispute it and go to court, but this incurs costs. Should I not know what it is I’m disputing? I may see it and then agree it was to close, but by that point I cannot do a course of take the lesser penalty, this seems very unfair.
-
Jeanette Miller
on January 13, 2022Hi BM,
We do understand your frustration here. Unfortunately, there is no obligation for the footage to be shown to you unless you plead not guilty to the charge. Disclosure rules only apply in a contested case. The case would then be passed to the Crown Prosecution Service who should disclose the video to you before a trial.
I hope this assists,
The Geoffrey Miller Team -
Anthony
on February 3, 2022I just received a notice stating I passed too close and fast to a cyclist. I was on a National speed limit section of road and when exiting a blind corner a cyclist appeared who immediately waved me to pass, the road was clear the weather conditions were good to I proceeded to pass however once I drew level a vehicle appeared in the opposite direction at speed and without hesitation once I was confident I had pass the cyclist, I moved back over however this meant that I was not able to give any more space than possible. The photo/video clearly shows me approaching from behind from the corner and then starting the pass, the forward footage clearly shows a vehicle appearing from opposite direction as I’ve passed. Both cameras have dates but times are not in sync they are over a minute apart. Not sure how to respond or whether to mention this in the mitigating circumstances section. Would this be seen as a not guilty plea and land me in court? Obviously I don’t wish to take this to court but do feel that was not an unsafe pass but more unfortunate that the location and speed of the road resulted in the incident.
-
Jeanette Miller
on February 11, 2022Dear Anthony,
It is unclear whether you have been charged with an offence or have just been requested to provide further information. If you have receive a Notice of Prosecution we advise you do complete that and send it back. After this, it is possible that you could be charged with driving without due care and attention. This offence carries 3 to 9 penalty points, or a disqualification for the more serious cases, and a fine.
If you do not wish to attend court, you would have to plead guilty to the offence and request that the court sentences you in your absence. If you do not agree that your standard of driving fell below that of a competent driver, you may wish to plead not guilty. If you plead not guilty, the matter will be referred to court and you will have a trial.
You are able to explain things in relation to the offence in your mitigation, such as the road was clear and weather conditions were good, but it is usually best to not victim blame or suggest any fault of anyone else which detracts from a guilty plea.
I hope this assists,
The Geoffrey Miller Team -
lili
on February 25, 2022Hi, so today i was driving down a street with cars parked on each side of the rod there was two cyclists in front of me and we swerving. i then decided to overtake but once i had made the decision and started over taking a car came round the corner onto the road. this made me go close to the cyclists as there was another car in the road after i had already started overtaking. he then proceeded to shout “idiot” at me. after the comment i continued driving and came to stop as the was a junction. he then proceed again to look through my window and shout things at me. just wondering if this would lead to penalty points or fine if it was reported as i am a newly qualified driver.
-
Jeanette Miller
on March 2, 2022Dear Lili,
Thanks for your enquiry.
The Highway Code states, when overtaking a cyclist, drivers should leave 1.5 metres distance when overtaking at speeds of up to 30mph, or at least 2 metres of space at higher speeds. If the matter is reported, a breach of the Highway Code could result in a charge of careless or inconsiderate driving. This offences carries between 3-9 penalty points, or a period of disqualification and a fine. As a new driver, your licence is at risk of revocation should you obtain 6 or more penalty points in the first two years of passing your test.
If any action is taken against you, please get in touch with us on 0161 274 5580 and we will be able to assist and advise you further.
Kind regards,
Geoffrey Miller Solicitors -
David Sims
on March 23, 2022I live in a rural village where all lanes are narrow. and classed as sigle track roads. There are also many cyclists . I doubt whether there would be 1.5m to pass a cyclist but there is space to pass . Does this mean that I cant overtake even if I consider the gap wide enough with out endangering a cyclist please?
-
Jeanette Miller
on March 23, 2022Hi David,
The newest Highway Code update specifies that drivers must drive at least 1.5 metres away when overtaking cyclists at speeds of up to 30mph. When overtaking at higher speeds, more distance is needed. Road users must still wait behind the cyclist and not overtake if it is unsafe or not possible to meet the above requirements. Therefore, in accordance with The Highway Code, you should not pass a cyclist if you cannot drive at least 1.5 metres away.
We hope this assists,
The Geoffrey Miller Team -
Lola
on June 27, 2022I have been charged for endangering a cyclist by opening my passenger door how much will I be fined please.
-
Jeanette Miller
on July 7, 2022Hi Lola,
Thanks for your enquiry.
The offence of endangering a cyclist when opening a car door (if you have been charged in accordance with section Regulation 105 of the Road Vehicles (Construction and Use) Regulations 1986) carries a maximum fine of £1000 if you were driving a private vehicle. However, if you were driving a commercial vehicle (i.e. vehicle that carries more than 8 passengers) you could be fined up to £2500. The penalty will also greatly depend on the actual damage/ injury (if any) caused to the cyclist.
If you require additional help please get in touch through one of the numbers provided under the ‘Contact’ tab on our website; or you can submit a contact form and a member of the legal team will get back as soon as possible.
Best regards,
The Geoffrey Miller Team -
Andrew
on September 11, 2022I had a situation where the cyclist was NOT on the cycle lane which was 3 feet to his left, but instead he was cycling on the car lane for whatever reason and I passed him quite close as the car lanes are now very narrow because of the dedicated cycle lane on the road.
What’s the ramifications on this? Can I argue why wasn’t he using the dedicated cycle lane in the first place (which was bewildering) rather than causing an obstruction on the car lane?
-
Jeanette Miller
on September 19, 2022Dear Andrew
It is yet to be seen whether you will be charged with any offence. If the incident has been referred to the police, it is up to them to determine whether there is enough evidence to charge you with an offence. The most likely offence would be careless or inconsiderate driving. This offence carries between 3 to 9 penalty points and a financial penalty. Alternatively, driving courses can be offered for minor incidents, like the one that you describe.
In terms of defending any charge, if you are charged or investigated further, please contact us directly on 0161 274 5580 and we will be able to offer you further legal advice and assistance on this.
Yours faithfully
Geoffrey Miller Team -
Bryan Deane
on September 28, 2022Reading this comments section has been absolutely heart-warming and really cheered me up. As someone who alternates between driving, cycling and motorcycling depending on the journey, it’s great to see the police are taking proper enforcement action against this category of driving offences.
I must say at least 85% of drivers I encounter when on a bicycle are safe and courteous, 10% are maybe a bit oblivious and might drive dangerously due to lack of awareness, and 5% aggressive morons who hate cyclists. As a cyclist I always ride as far left as I can, take the cycle lane where possible, and give way at suitable passing points. Despite this, there will be drivers who veer left in the lane to give me a high-speed ‘punishment pass’ almost every time I ride. The worst are those who will overtake on blind corners then swerve left to avoid a head-on collision. Did your driving instructor really teach you to do that? Just wait until after the corner, takes 10 seconds!!
I have sadly felt it necessary to invest in a camera and start reporting these deliberate dangerous drivers. I feel that if I keep this up long enough, eventually those who keep putting me in danger on my route will have received fines / training and will think twice. When I report someone, I just get a generic message stating that ‘action may be taken’, but this might just be a warning letter. So I’m really pleased to see some people have been on the receiving end of such fines etc. and that the police taking this seriously.
It’s not difficult to drive safely around cyclists – tough luck if you’ve been fined, but the right thing to do is re-evaluate your own driving habits.
-
Alex
on October 13, 2022Hi,
Had the NIP through yesterday for driving too close and posting the documents to the police tomorrow. Had no indication of what I will be given and reading stuff online I’m nervous about the points. I wasn’t charged for speeding for 12 years then got 3 points last year and seeing that I could get 6 for this seems bizarre when I genuinely don’t remember the incident and I am a careful driver. What are the chances of getting 6 points vs 3 or a course? And can I appeal or demand the footage?
-
Jeanette Miller
on October 17, 2022Dear Alex,
Thanks for your enquiry.
The Highway Code states, when overtaking a cyclist, drivers should leave 1.5 metres distance when overtaking at speeds of up to 30mph, or at least 2 metres of space at higher speeds. If the matter is reported, a breach of the Highway Code could result in a charge of careless or inconsiderate driving. This offence carries between 3-9 penalty points, or a period of disqualification and a fine. In some instances, the police may offer a fixed penalty or participation in a driver improvement course but it is at their discretion.
Please get in touch with us on 0161 274 5580 and we will be able to assist and advise you further on your query.
Kind regards,
Geoffrey Miller Solicitors -
Gino Vernile
on October 17, 2022I have just received a letter and been charged with driving a mechanically propelled vehicle on a road without reasonable consideration to other users. No evidence attached just the charge and an option of attending an educational course. I absolutely refute the allegation and I had a witness in the car with me, a work colleague whom I give a lift to and from work daily that can corroborate no wrong doing. So my question is, what are the chances of being found guilty/not guilty with no video or photographic evidence? Thanks in advance.
-
Jeanette Miller
on October 19, 2022Dear Gino
Thank you for your enquiry.
To be able to advise you whether to accept the offer of the educational course or not, we would require further information from you about the alleged incident and your current circumstances. Therefore, please contact our office on 0161 274 5580 and a member of our specialist team will be able to assist you further.
Kind regards,
Geoffrey Miller Solicitors -
Ramelle Kabasele
on October 20, 2022Hi,
A cyclist reported me for a close pass of less than 30cm on the 27.04.2022 however, his elmet footage dated 02/01/2017 shows that I was at a much wider distance. I refused to take the course as I have no recollection of any traffic incident on the 21.04.2022 and the stamped date is too far for me to remember. I was taken to court and fined £395 and 3 points taken off my license. There is a lot of inconsistencies in the case with mistakes and contradicting statement from the Police. I did not have a legal representative in court. Is it worth it to make an appeal? And can you take the case?Thanks
-
Jeanette Miller
on October 20, 2022Thank you for your enquiry.
To be able to advise you whether you can appeal, we would require further information from you about the alleged incident and the Court hearing. Therefore, please contact our office on 0161 274 5580 and a member of our specialist team will be able to assist you further.
Kind regards,
Geoffrey Miller Solicitors -
Steve
on October 31, 2022Thought I would make a comment similar to that of Bryan Deane above.
I am a cyclist and a driver and have an advanced licence through my work, I too have read many of the comments and there are a couple of things that seem to be a common theme;
Drivers appear to blame others for unnecessary manoeuvres which result in a close call with the cyclist such as overtaking etc
The road does not permit them to leave the safe distance required in the recently changed highway code.
I generally cycle knowing that there will be some drivers of this type on the road; I generally cycle doing my best to avoid the situation as a bike vs a car is not really a fair match is it?
As Bryan mentions, the majority of drivers and very aware and courteous of cyclist but there are obviously the exceptions, and it is difficult as a cyclist to know if the cars manoeuvrer was due to driver distraction or being oblivious or if it was genuinely spite for me as a cyclist?
The most obvious are the blind bend brigade who overtake and cut you up when they find that a car is coming the other way; why do you not just hit the car head on? Or would that mean that you may hurt yourself more or even damage your vehicle more?
The easy target is definitely the cyclist, light weight, less likely to get caught offending – yes let’s go for them!Like Bryan and many other cyclists that I know, I now have a camera and have it recording the moment I set off.
Sadly, in my case the need for a camera was due to a motorist who hit my arm with his door mirror as he decided to overtake in a busy town centre high street at the same time as the road narrowed for a centre pedestrian crossing point.
At the following set of traffic lights, I asked the driver why he did that, and he replied “f**k off”. There was further traffic which allowed me to move off first and further down the road the driver drove into me and forced me from my bike.Sadly, the driver escaped prosecution as there was no video evidence, from that moment I lost all sympathy with drivers who fail to acknowledge the rules of the road or be observant to cyclists.
Only this morning have I submitted a video of a van driver who was less than 30cm from me as he raced to get through the traffic lights and onto a roundabout. -
Chris
on February 8, 2023I have previously been a ‘Cardington Motorcycle Instructor’, have passed IAM and RoSPA advanced driving tests (motorcycles and cars), hold HGV1, raced cars and ride all kinds of bicycles etc etc… So lots of experience and qualifications but even that doesn’t mean I cannot make a mistake.
So until recently I just put up with bad drivers, since they didn’t tend to learn anything when they (presumably) paid for their lessons, it was unlikely that they would take some free advice at the next set of traffic lights. And since we all mess up sometimes, maybe it is just best to let the idiots get on with it.
But after the pandemic I started a new job wheer I cycle to work everyday. In the first month I was actually physically knocked off my bicycle by an arrogant lady in a narrow lane on TWO occasions. She failed to stop. Fortunately the hedge was soft so no injuries.
At this point I decided to get a bicycle camera. I now report close passes. If I think I could reach out and touch the car, then it is too close! Mostly the drivers will just get a warning or maybe a course. This is by far the best outcome in my opinion. I don’t believe fines and points make much difference.
I actually believe that most of these drivers were completely unaware that they were being damngerous. But exoperience shows that if you confront them directly you usually make things worse. So never shout or give non-highway-code-hand-signals just get a camera and if you think they were dangerous, simply report them via operation snap and let the police do the rest
-
Paul
on March 23, 2023Hi
A friend of mine a few years ago – whilst cycling – was close passed (very close) by a driver who knocked into him. He was in hospital quite a while. Stop complaining about how hard it is for you to do the time. Don’t do the crime. -
Jane mills
on June 13, 2023Hi, I drove past a stationary bike this morning and as the cyclist got off the bike he kicked my car. Can I expect a penalty for this? Thanks
-
motoroffence
on June 20, 2023Hi Jane,
We would need more information to advise on this. It is recommended that motorists keep a safe distance of approximately 1.5 meters when passing a cyclist. If a cyclist has reported you for careless/inconsiderate driving, you may receive contact from the police, if this happens, please contact our office for advice.
We hope this helps,
The Geoffrey Miller Team
-
M
on August 2, 2023I received a notice of intended prosecution from the MET for driving without reasonable consideration, viewed the footage and it is for overtaking a cyclist. The cyclist was in a bike lane, does it still count as ‘overtaking’? I was simply driving next to the bike and did not overtake him, so I did not think you had to leave a 1.5m gap?
-
motoroffence
on August 8, 2023Hi M,
Yes, you often will still need to leave a 1.5m gap to a cyclist, even when they are in a bike lane, this is because cars can pass very close to bikes in a narrow lane and it can still be dangerous. Though the 1.5m rule is not specified in the highway code, it is becoming generally accepted by the police. There is no “close pass” offence, so the question will be whether the circumstances of what happened constitutes careless or inconsiderate driving. Please give us a call on 0161 274 5580 if you would like help with this matter, so that we can take more information and assist you further.
We hope this helps,
The Geoffrey Miller Team
-
Cj Rivera
on October 22, 2023Hi, yesterday I was driving on a single lane that splits into 2 lanes, left lane turning left and right lane to go straight. I drove passed a cyclist and indicated that I was changing lane and had enough space to do this however due to me moving to the left lane I ended up blocking the cyclist path (there was no bike lane) so she wasn’t able to cycle passed me and instead cycled around and stopped right in front of my car. She then proceeded to give me the middle finger then took a picture of my plate and the name of the road. The situation has been giving me anxiety as I don’t believe that I did anything wrong and didn’t realised what’s going on until she took a pic of my plate. I mean if she wanted to report me what would happen? Even if she does what can she report me for as I had the right to move to the left lane and I was no where near her when I did the manoeuvre. I understand she was annoyed that I blocked her way but is that enough reason to get in trouble?
-
motoroffence
on October 23, 2023Dear CJ,
Thank you for your query.
Rule 163 of the Highway Code states overtake when it is safe and legal to do so. In an effort to highlight the issues of motorists leaving insufficient room when overtaking a cyclist, often referred to as a ‘close pass’ incident, it is recommended that cars must leave at least 1.5 meters of room when passing bicycles. However, the law doesn’t specify a particular distance and there isn’t a specific offence of failing to give sufficient room to a cyclist when overtaking them.
If it was alleged that a driver had done this, consideration would have to be given to the offences of careless driving, contrary to section 3 of the Road Traffic Act 1988 or dangerous driving, contrary to section 2 of the Road Traffic Act 1988.
Each case would be judged on the particular facts and in order to secure a prosecution, it would have to be shown that the driver was guilty of the offence beyond reasonable doubt. Cyclists often produce video coverage of an incident from helmet cameras which can be used in legal proceedings.
You said that the cyclist yesterday took a photo of your registration plate and of the street name. If she does report you to the police, it does not automatically mean that the police will be able to take action but if they do take action, there is a 14 day time limit for a notice of intended prosecution to be sent to you as the registered keeper of the vehicle. So if you do not receive the NIP within 14 days of the offence, no action can be taken against you.
If you do receive the NIP within the time limit, then the police are likely to proceed with the offence. You have a legal requirement to respond to any request for driver information and failing to do so may result in additional charges being laid against you. For the offence of careless driving, you may be offered a driver improvement course, a fixed penalty offer of points and a fine or the matter could proceed to court. Alternatively, you could defend the matter.
If the police contact you about an offence, please contact us directly on 0161 274 5580 and we will be able to offer you further legal advice on this.
Kind regards
The Geoffrey Miller Team
-
Scott L
on January 18, 2024I recently received a NIP for passing too close to a cyclist. However, when passing the cyclist who was in a cycle lane, I gave more than 1.5m on a 40 road, even though I was doing 30, the cyclist doing about 20, but as I was overtaking, the cycle lane ended, and the cyclist moved further out into the road, reducing the space between us. There was also a central island crossing point coming up, which forced me to pull back in. Had the cyclist remained in the line he was taking, there would have been ample room between us. The footage he provided to the police, was date time stamped in Jan 2022, the reported offence was in Nov 23, and the NIP also didn’t arrive until 02/01/24. I have replied to the NIP stating I was driving on that road at the time of the offence. I have been offered a training course, fixed penalty or to take the matter to court. May I asked what would be the best course of action in your opinion.
-
Motor Offence
on January 18, 2024Hi Scott,
The bar for careless driving is very low and a close pass does not necessarily need to be deliberate. It is often a more cost effective solution to accept a fixed penalty and attend a course rather than risk your licence being endorsed with penalty points, a higher financial penalty, and legal fees by attending court.
However, it seems possible that your Notice of Intended Prosecution was served out of time if you are the registered keeper of the vehicle. If you would like to discuss this matter further, please give the office a call on 0161 274 5580.
Kind regards,
The Geoffrey Miller Team.
-
Rick
on February 9, 2024Hello,
Today I received a Notice of Intended Prosecution for driving close to a cyclist. At the time of the incident I was on a narrow road which didn’t allow for 1.5m distance to pass, so I approached cautiously, lowered my speed to less than 10mph and passed carefully, being mindful to allow as much distance as possible.
This is the first time I have been accused of this offence and I haven’t yet been offered a road-side awareness course. Would this normally come once I respond, or have the local constabulary decided in favour of the cyclist and decided not to offer the course?
-
Motor Offence
on February 15, 2024Dear Rick,
Thanks for your enquiry.
The Highway Code states that when overtaking a cyclist, drivers should leave 1.5 metres distance at speeds of up to 30 mph, or at least 2 metres of space at higher speeds. If the matter is reported, a breach of the Highway Code could result in a charge of careless or inconsiderate driving. This offence carries between 3-9 penalty points, or a disqualification period and a fine.
At this stage, you are legally required to respond to the Notice of Intended Prosecution. A failure to do so will likely lead to a charge of failing to provide driver details. The issuer body will decide whether to offer the educational course, a fixed penalty notice, or list the case for a hearing. You may want to consider adding a brief explanation of the event to the mitigation section of the form.
If any action is taken against you, please get in touch with us on 0161 274 5580, and we will be able to assist and advise you further.
I hope this assists.
The Geoffrey Miller Team
-
Philip Norris
on February 12, 2024I received a S172 NIP relating to a charge of careless driving for an alleged offence on17/11 at 15.25pm. I replied and heard nothing. Last week I received another NIP for an alleged Careless driving offence on 31/01 at 15.23 and in the same place as the previous one! I rang the Fast Track team to be told that the first offence had been marked No Further Action and an Enquiry officer was going to ring me with ‘words of advice’. I was also told that some cyclists are sending in 10 videos a day and that is why the call from the officer has not come yet. Clearly this is the same cyclist with a vendetta against the motorist. I have to reply with my details for the second NIP but the dilemma is this. Do I refer to the first one which had made me more conscious. Do I ask them to check the evidence is not a resubmission of the first with a different date and slightly altered time? I do remember the second pass and I pulled up behind the cyclist waited till the road was clear and passed on the opposite side of the road – learning from the first issue! So that is why I am surprised to receive a second. Do I ask that the whole manoeuvre was shown in the video and not just me being behind the cyclist which could make it look close from that angle? OR do I just reply and say nothing. I feel I should point out the reason why I am more careful but at the same time do t want them to go back and look at the first one again! Clean licence for 40 plus years now two in two months! I am very anxious as I don’t want to travel that way again when I collect my grandson from nursery for fear of persecution from this cyclist.
-
Philip Norris
on February 13, 2024I received a S172 NIP relative g to a charge of careless driving for an alleged offence on17/11 at 15.25pm. I replied and heard nothing. Last week I received another NIP for an alleged Careless driving offence on 31/01 at 15.23 and in the same place as the previous one!
-
Motor Offence
on February 13, 2024Dear Philip,
Thanks for your enquiry.
I am sorry that you are feeling anxious about the route you have been taking. The Highway Code states that when overtaking a cyclist, drivers should leave 1.5 metres distance at speeds of up to 30 mph, or at least 2 metres of space at higher speeds. If the matter is reported, a breach of the Highway Code could result in a charge of careless or inconsiderate driving. This offence carries between 3-9 penalty points, or a disqualification period and a fine.
At this stage, you are legally required to respond to the Notice of Intended Prosecution. A failure to do so will likely lead to a charge of failing to provide driver details. We are unable to provide detailed advice on how you should approach this if you are unsure of the validity of the report made against you on this forum, but if charged with an offence, we will be happy to provide advice if you call us on 0161 274 5580.
Kind regards,
The Geoffrey Miller Team
-
Gordon Mallet
on June 16, 2024I was driving along the road and saw two cyclists riding two abreast up ahead.
They weren’t wearing any hiviz and didn’t have any lights.
I got a bit closer and sounded my horn, so that they could go in single file and let me pass.
The road was quite busy, so I couldn’t overtake them by passing to the other side of the road.
They starting waving at me aggressively, so I beeped my horn again and got a bit closer. They went into single file and there was just about enough room for me to pass, as there were double white lines in the middle of the road and other cars coming. I squeezed through the gap as quickly as possible to get past. Which I thought was OK.
At the next set of traffic lights one of the cyclists started having a right go at me!
We parted ways, and about a week later I got a letter from the police.
What do I do? -
Motor Offence
on June 18, 2024Dear Gordon,
Thank you for leaving an enquiry on our website.
For us to be able to advise you further on this matter we need to know the details of the charge which you are facing.
I recommend giving us a call on 0800 652 5273 for some free initial advice if you require legal representation.
Kind regards,
Geoffrey Miller Solicitors -
J Simpson
on March 15, 2025Hi there,
I have received a NIP in relation to passing a cyclist too closely.
The NIP states that the event occurred at 9:46am, however, at 9:44am I was 6 miles away (and can prove this with CCTV footage).
Only I drive my car, so I’m not disputing being the driver, however, can I contest this as it’s asking me to confirm I was the driver at the TIME of the alleged offence, and at the time of the alleged offence I was 15 mins/6 miles away.
Surely this renders the NIP null and void if they’re giving inaccurate information and asking me to confirm I was somewhere at a time I wasn’t.
Thank you
Add comment