Near misses - mod warning 22/04 - see OP/post 822

rushfan

amcalester wrote:

Driving without reasonable consideration or driving without due care and attention could apply, I think.

Sec 52 ( 1 ) of the RTA would appear to cover this. Sounds like the Garda wasn't particularly familiar with the legislation.

ED E

rushfan wrote: »

Sec 52 ( 1 ) of the RTA would appear to cover this. Sounds like the Garda wasn't particularly familiar with the legislation.

It would be Section 51A as substituted. Section 52 couldn't be dealt with via an FCPN (2pts, €80) instead requiring court.

OP ask for 51A as enacted in 2011 section 4. See what they say.

Torres09

Nearly got killed today....coming from Roganstown towards Ballyboughal. I see a 40ft McBurney Transport stopped at Aramex, must have been checking paperwork or something cos he wasn't moving but... I knew what was gonna happen. As I approached sure enough her precedes to come out on top of me. He never seen me until I roared at him...it was that close he had to reverse the truck to let me pass, then shouted out window " if ya had lights people would see you". This is at 10:00am on a dry, clear sunny day and I'm on a Yelllow...yes Yellow bike!!

rushfan

ED E wrote:

It would be Section 51A as substituted. Section 52 couldn't be dealt with via an FCPN (2pts, €80) instead requiring court.

So for Sec 52 to be the relevant legislation, would it have to be witnessed by the Garda?

ED E

rushfan wrote: »

So for Sec 52 to be the relevant legislation, would it have to be witnessed by the Garda?

IANAL but no, I dont think so. I know of cases where no member was present that went to court.

The issue is court is time consuming and jurors are mostly comprised of motorists who, in my estimation, empathise with accused drivers a bit too much. The "we all make mistakes driving so its ok" argument. This means no member will even consider progressing unless its a very blatant.

FCPN offences on the other hand they say "here's 1-3 points and a very small fine, accept that or we go to court and you risk double points and a big fine". Unless the driver is already on 6 or 9 points they're not motivated to contest.

AndrewJRenko

ED E wrote: »

IANAL but no, I dont think so. I know of cases where no member was present that went to court.

The issue is court is time consuming and jurors are mostly comprised of motorists who, in my estimation, empathise with accused drivers a bit too much. The "we all make mistakes driving so its ok" argument. This means no member will even consider progressing unless its a very blatant.

Surely the vast majority of such cases would be District Court, with no jury involved.

5uspect

[Deleted User] wrote: »

First report that for sure!!!!!!!

Second tell me more about those overlays you've got going on there in the video!!!!!!

Emailed the video and stills of the car with the reg clearly visible to Blanch station. Got a call from a Garda a few days later. A cyclist himself apparently. Gave me a few options and we decided that the driver would be getting a visit and a stern warning.

5uspect

5uspect wrote: »

Emailed the video and stills of the car with the reg clearly visible to Blanch station. Got a call from a Garda a few days later. A cyclist himself apparently. Gave me a few options and we decided that the driver would be getting a visit and a stern warning.

Hmm blanch station you say. His fist name didn't start with B did it?

Chiparus

axer wrote: »

The Garda contacted back a week later to say the taxi driver had contacted him. Taxi driver says he doesn't remember the incident and comes across many cyclists. Says it wouldn't be in his interest to injure a cyclist. Said he would take more care the future.

Garda said he still doesn't see any law broken and showed to a senior Garda who said as I didn't wobble I wasn't impacted so doesn't see an issue. Garda wants to close the incident and wants me to point him to the law that was broken. Does anyone know which law I point him towards?

Ask for the drivers insurance details, tell him the guard you want to consider taking a PIAB claim -

p15574

axer wrote: »

Garda said he still doesn't see any law broken and showed to a senior Garda who said as I didn't wobble I wasn't impacted so doesn't see an issue. Garda wants to close the incident and wants me to point him to the law that was broken. Does anyone know which law I point him towards?

Maybe publish the video all over the place, with reg and driver's name, and copy GardaTraffic. If they say he hasn't broken any laws then they can't say you're besmirching his good name.

magicbastarder

Chiparus wrote: »

Ask for the drivers insurance details, tell him the guard you want to consider taking a PIAB claim -

first question that would crop up - what damage or injury is being claimed for?

Chiparus

magicbastarder wrote: »

first question that would crop up - what damage or injury is being claimed for?

I dont think you have to, but you can say psychologically , certainly many people nearly hit by vehicles suffer severe psychological damage, you would be suprised how badly people can be affected.

https://www.betterhealth.vic.gov.au/health/ConditionsAndTreatments/near-miss-experiences-and-traumatic-events

Ray Bloody Purchase

Not really a near miss, just something that really annoyed me Friday evening. This guy (in Tucson) tries to overtake me at speed as i'm approaching the lights, you can just see his front tyre appear in the right of the picture. There wasn't enough space between him and the car in ahead for him to pass. I've nearly been left hooked a few times at this junction.

A car goes left then on orange/red and the guy in the Tucson goes through around two seconds after it has gone red. There's a school kid about to use the pedestrian crossing as he zooms by.

When he was trying to overtake me i could see that he looked like he was about to explode.

https://streamable.com/d3s77

What Username Guidelines

Ray Bloody Purchase wrote: »

Not really a near miss, just something that really annoyed me Friday evening. This guy (in Tucson or Sportage) tries to overtake me at speed as i'm approaching the lights, you can just see his front tyre appear in the right of the picture. There wasn't enough space between him and the car in ahead for him to pass. I've nearly been left hooked a few times at this junction.

A car goes left then on orange/red and the guy in the Tucson goes through around two seconds after it has gone red. There's a school kid about to use the pedestrian crossing as he zooms by.

When he was trying to overtake me i could see that he looked like he was about to explode.

https://streamable.com/d3s77

Not a fan of that junction at all, I’m always on the look out for being hooked, but honestly 99% of the time I’m surprised by both patience of motorists waiting behind, and decent mirror checks of those ahead when it’s backed up. You do get the rare twat like the Tucson lad though unfortunately. Such a classic case of trying to save a few seconds, bottling the overtake, and likely felt justified in breaking the red as the poor guy was held up by one of those cyclists.

Ray Bloody Purchase

What Username Guidelines wrote: »

Not a fan of that junction at all, I’m always on the look out for being hooked, but honestly 99% of the time I’m surprised by both patience of motorists waiting behind, and decent mirror checks of those ahead when it’s backed up. You do get the rare twat like the Tucson lad though unfortunately. Such a classic case of trying to save a few seconds, bottling the overtake, and likely felt justified in breaking the red as the poor guy was held up by one of those cyclists.

It's a pure balls of a junction. Someone in a massive rush in a merc nearly took me out there before trying the same over take. A few weeks ago, a driver of the 75 bus came up to the lights in the left turn lane and proceeded straight. I was a bit ahead, but he sat on the horn as another cyclist was going through (in the straight ahead lane) on the right.

Alanstrainor

Ray Bloody Purchase wrote: »

Not really a near miss, just something that really annoyed me Friday evening. This guy (in Tucson) tries to overtake me at speed as i'm approaching the lights, you can just see his front tyre appear in the right of the picture. There wasn't enough space between him and the car in ahead for him to pass. I've nearly been left hooked a few times at this junction.

A car goes left then on orange/red and the guy in the Tucson goes through around two seconds after it has gone red. There's a school kid about to use the pedestrian crossing as he zooms by.

When he was trying to overtake me i could see that he looked like he was about to explode.

https://streamable.com/d3s77

Yeah that's a bad one. They would have been much better off just using the space and undertaking as the Opel did. Not that it leaves you with much space. A terrible junction all told.

Ray Bloody Purchase

Alanstrainor wrote: »

Yeah that's a bad one. They would have been much better off just using the space and undertaking as the Opel did. Not that it leaves you with much space. A terrible junction all told.

Exactly, he probably would have been ahead of the Opel if he braked instead of shooting up on the outside. Some motorists are just dumb asses.

site_owner

This happened to us yesterday. Absolute muppet of a driver

https://twitter.com/alan_downtown/status/1112456315417358336?s=19

jjpep

We should start a database of the reg numbers, times and places of these instances plus links to videos.

If there's enough interest in doing so, I'm quite happy to build one

magicbastarder

site_owner wrote: »

This happened to us yesterday. Absolute muppet of a driver

i can't see how the gardai could refuse to follow that up, were you to report it?

blackwhite

magicbastarder wrote: »

i can't see how the gardai could refuse to follow that up, were you to report it?

I’ve heard before that car dash cam footage is generally not admitted in court - assume similar applies for helmet cams.

Something to do with being unable to prove the provenance and that it hasn’t been altered - but that may have (hopefully) changed since.

That said - I know of a few instances where gardai will “make a house call” on foot of such footage, despite knowing a prosecution is unlikely, in the hope of scaring a bit of cop on into the driver

site_owner

magicbastarder wrote: »

i can't see how the gardai could refuse to follow that up, were you to report it?

you generally have to pursue it all the way to court which takes anywhere up to 18 months. the gardai at the station just want rid of you, anyhting to put you off spending the 2-3 hrs making a sttaement and reviiewng your footage. either "we'll have a chat with the driver" is the common BS or the impossible to meet garda whos never in the station etc.

its a hard slog, and after 10+ that have gone nowhere and one still open after 4 months i dont have the energy.

I wish insurance companies encouraged submitting videos and set up portals to do so. Won't condemn a driver for one video but multiple submissions over a period and you get a nice surprise come renewal, all insurers having access of course.

Only a matter of time I think, if it's not already in place in other jurisdictions. Likely legalities if it's not in place already.

EDIT: I just recalled the 'hows my driving' stickers that have been on commercial vehicles in the US for a long time are those still a feature? You see them on the odd one here.

mr spuckler

blackwhite wrote: »

I’ve heard before that car dash cam footage is generally not admitted in court - assume similar applies for helmet cams.

Something to do with being unable to prove the provenance and that it hasn’t been altered - but that may have (hopefully) changed since.

That said - I know of a few instances where gardai will “make a house call” on foot of such footage, despite knowing a prosecution is unlikely, in the hope of
scaring a bit of cop on into the driver

dash cam - the Gardaí often ask for this in the aftermath of some collisions or robberies etc. they wouldn't do so if it couldn't be used in evidence as otherwise the case would collapse if the footage was proven to have played an important role.

bike cameras - same thing applies. I followed through on a careless driving prosecution which I've commented on here plenty of times previously, where the only evidence was the camera footage. the victim didn't make a complaint and wasn't identified, so there were no witnesses other than me and my camera footage. it didn't go to a full court case because the driver pleaded guilty at the first opportunity so it didn't get tested as such, but to infer that the footage was tampered with would have been an accusation directed at me and I'd very much have welcomed the defence barrister trying that on :pac:

tldr - if the Gardaí want to use the footage they will. it seems very heavily dependent on the particular Garda that gets assigned to your case.

Seth Brundle

magicbastarder wrote: »

i can't see how the gardai could refuse to follow that up, were you to report it?

I dunno. It looks low down on the new wobble test!

Duckjob

site_owner wrote: »

This happened to us yesterday. Absolute muppet of a driver

https://twitter.com/alan_downtown/status/1112456315417358336?s=19

It really does take quite a special breed of Cnut to carve up someone pushing their kids in a cargo bike

AndrewJRenko

Deleted User wrote: »

I wish insurance companies encouraged submitting videos and set up portals to do so. Won't condemn a driver for one video but multiple submissions over a period and you get a nice surprise come renewal, all insurers having access of course.

Only a matter of time I think, if it's not already in place in other jurisdictions. Likely legalities if it's not in place already.

EDIT: I just recalled the 'hows my driving' stickers that have been on commercial vehicles in the US for a long time are those still a feature? You see them on the odd one here.

Yes, it would be great if the insurers did something, but they prefer to bury their heads in the sand. Having said that, I've had a good response from Axa when I've reported what looks like insurance fraud - people doing commercial deliveries in domestic cars. They seemed to take it quite seriously. PM me if you need the Axa email address.

mr spuckler

I'd to cycle from town out to Kilmainham yesterday evening before heading back to D5 via the quays & Amiens St. a small sample here...

passing the Coombe with no traffic in front of me blocking her view, a lady drove straight across me to enter the hospital car park. I let a roar at her, she didn't even bat an eyelid. as I went to continue on the guy who was driving out of the car park with a phone in his hand decided to keep going despite me just having roared at the other lady. he then gave a wave of acknowledgement with the phone...

on Eden quay, holding my line in the cycle lane as I planned to take the rightmost lane following the left turn towards Connolly. dude cuts straight across me without indicating, then looks completely baffled when I let a shout.

in Fairview, having to switch lanes because of the sh1tshow that is the junction with the Malahide road, am in the outside lane about to move back into the middle lane. van driver in front of me decides to do the same without checking mirrors and horses on the accelerator to dive in before having to stop maybe 20m up the road. as I passed him a few seconds later I looked at him in sheer confusion, no gestures, no words spoken. further up Clontarf road around the railway bridge he bombed past me with little room to spare, sitting on the horn all the way.

thankfully both the quays and Fairview are blue moon events for me these days.

site_owner

Enforcement of driver behavior has been tacitly outsourced to to the insurance companies.

The real fear, even from penalty points, is the dreaded insurance hike.

Next time a taxi driver comes close to hitting you, ask him what does he think would happen to his insurance if he hit you and you made a claim. Watch the blood drain from their faces.

Rechuchote

magicbastarder wrote: »

i can't see how the gardai could refuse to follow that up, were you to report it?

Also add the type of car to the database; it would be a good hook for journalists - "Ego-carrier drivers the vast majority of dangerous overtakes on people riding bikes"