Not surprising. Read The Secret Barrister and you’ll realise just how incompetent magistrates often are.

Be the change you want to see and volunteer to be one.

Is it me or are these people going to more effort to break the law then wriggle out of it than just admitting it or not doing it?

So regarding the A40 case. I know the road pretty well having lived in the area for 20 years. Nice wide A-Road with a 30 limit and a couple of cameras. I’m failing to see how the driver accelerating over the speed limit would save the cyclist. Street view below

https://maps.app.goo.gl/EiT3s48bEMcuKHY96

Be the change you want to see and volunteer to be one.

Actually in the process of doing this. Somewhat difficult as I don’t fit the the traditional stereotype of 70-year-old retired professional Rotary-club golfist.

I did actually think of a scenario (as I rode home) where the motorist’s behaviour might not have been that reprehensible.

You’re tootling along in your Landrover (struggling a bit as they weren’t really designed for tarmac), doing maybe 25mph in a thirty. You come up behind a small van doing 15 and think there’s room here I’ll go by them. Only to find that the reason their doing 15 is because they were sitting a close but respectful distance behind a cyclist. Unfortunately the cyclist is just where you were going to pull in having overtaken the van. Yes perhaps you could have been more observant (in retrospect there was something you saw a bit like a cyclist’s helmet showing above the van) but now you can’t brake and pull in because there’s a van you just overtook, you can’t just pull in because there’s a cyclist, and there’s a car coming the other way. So you accelerate around the cyclist. Safest option in the circumstances you ended up in.

And yes I’ve tried really hard to make that a plausible best of a bad situation explanation.

And it’s not that good.

@igm I’d agree it’s not that good though appreciate what you’re aiming for. Thing is a reasonable person should ask:
– why is the driver in front going that speed? Is there an obstruction? I should wait until I have a clear understanding.

So even in your scenario the driver has acted recklessly with scant regard to others.

Replace small van with Honda Jazz and it makes a better scenario as I believe the top speed of a Honda Jazz is around 20mph in my experience of following them.

Harder for a Honda Jazz to conceal a cyclist though.

Maybe it was a small van, following a Honda Jazz (visible) following a cyclist (invisible due to small van).

So the overtake was reasonable to initiate: the small van was going slow because of the Jazz. But then, ay caramba, there’s a cycle in front of the Jazz! Who would believe it?

At this point the only safe, responsible option is to boot it and argue any resulting license points in court.

Voila!

So even in your scenario the driver has acted recklessly with scant regard to others.

I agree actually.

Most people take the fact that they can’t see anyone there as there being no one there, whereas it’s often that they couldn’t see.

There’s a reason safety conscious professions have the “never go on a null response” mantra.

The driver needed to positively confirm the absence of a cyclist by being able to see an empty space with no cyclist, not just not being able to see the cyclist.

But people are people and half of them are of below average intelligence.

Meh, she tried her arm and won, reality is i cannot see a single scenario where going faster would be better for the cyclist than stopping or going slower, i doubt she was about to get undertaken at 30mph by a keen cyclist who thought doing that with a landrover at high speed was a good idea!

I see a load of competitive riders around our area, they use the lanes a lot and the reality is self preservation trumps most scenarios for them, i’ve only ever seen one who had a deathwish in the last year, and he was one of those lone roadies who was using all of the road to allow him to attack the corners to shave microseconds off his time.

i cannot see a single scenario where going faster would be better for the cyclist than stopping or going slower

Wasn’t going to post in this thread as nobody seems to know exactly what the scenario was but, if the cyclist was say a time trialist going 30mph and moving to overtake the car when the driver saw something coming the other way fast – I suspect her accelerating would be easily the best thing to do.

That takes away all the scenarios of them both braking once the rider sees the oncoming vehicle or anything other as the car will be out of the way before the cyclist can react – thus allowing cyclist to pull in.

All nonsense and guess work without knowing the facts but to call for one of them to be hung by the shoelaces is equally daft given the lack of information.

I believe the top speed of a Honda Jazz is around 20mph in my experience of following them.

Only for those with the factory fit parcel shelf cushion and hat for the driver option.