Incident this morning

BostonB

rp wrote: »

(but please note, you may need a Oujia board to submit your post to this forum)

carthoris

rp wrote: »

Irish case law has established that if the Guards investigate and determine that the car passed with less than 2m clearance, the fault lies entirely with the driver.

I wasn't aware of that and it is an interesting piece to know. Could you provide any more details on it such as links ?

Thanks,

rp

I'm trying to find the reference to this: as I recall it, the case law established that cyclists are not expected to remain in a perfectly straight course, due to factors such as road conditions (avoiding potholes), wind, etc. The conclusion was that a motorist passing less the 2m from the cyclists was guilty of dangerous overtaking.
Anyone else remember this case? I think is was linked from a DCC page.

BostonB

2m seems impossible to achieve on tight streets.

PCPhoto

rp wrote: »

I'm trying to find the reference to this: as I recall it, the case law established that cyclists are not expected to remain in a perfectly straight course, due to factors such as road conditions (avoiding potholes), wind, etc. The conclusion was that a motorist passing less the 2m from the cyclists was guilty of dangerous overtaking.
Anyone else remember this case? I think is was linked from a DCC page.

if thats the case then every cyclist that is overtaken - the driver of the car faces prosecution.

Beasty

I'm sure it's not 2 metres - even the leaflet they distributed with the Motor Tax renewals only mentions something like 1.5m

carthoris

PCPhoto wrote: »

if thats the case then every cyclist that is overtaken - the driver of the car faces prosecution.

Some references would help to clear it up. I would think that it is not that workable that any vehicle which passes within 2m is guilty of dangerous overtaking and that this is more of a nod towards strict liability.

madrabui

Al Wright wrote: »

I have to admit that I havent browsed all the replies. I understand you are concerned whether or not its a waste of time having the case followed up. I am not a legal eagle, just have a working overview of general rules from my industrial experience.

As I understand it, you make the complaint, the Garda will review the facts, perhaps contact witness. They then decide whether or not to press charges. Under the recent legislation, I beleive there are standard penalty point sanctions applied to drivers for road traffic misdomeners which do not involve injury and, like spot fines and do not go through the courts.

Of more concern is the facts of who did what to who. If the driver got out agressively and threw your bike off the road, it is likely that Offences against the Person Acts that apply, as well as Road Traffic Acts. The Garda decide if he be charged with assult.

My advice is to follow through with the complaint, Even if it only results in a 'Caution' to either or both, the drivers name is on record, he shall have an incentive to behave for the foreseeable future.

Thanks for posting. To be honest I was delighted that the Gardaí took it seriously. I hope being paid a trip by the Gardaí is an enough of a deterrent for the driver. I’ll be able to get more information from the Gardaí next week. As long as I hear that the driver will probably change his behaviour I’m satisfied.

FTGFOP

Well done on following it up.