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Near Misses Volume 2 (So close you can feel it)

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  • Registered Users Posts: 8,073 ✭✭✭buffalo


    I think you misunderstand where the 'processing' is taking place. The Gardaí as a body are processing the data, and must respect the principles of GDPR as the data processor (and controller, I think).

    An individual Garda can't read out a load of personal data over the phone to a random person and claim GDPR doesn't apply, because reciting it aloud isn't 'processing'.



  • Registered Users Posts: 1,249 ✭✭✭Schorpio


    I have zero insider knowledge about GDPR, but what occurs to me is, just because you have the reg no., that doesn't mean you know who the driver was. So, if you were told that the driver of a car got points, knowing the reg no. doesn't tell you who that driver is.

    Either way, I still believe it would be good policing to let someone know that something they went out of their way to report was taken seriously and actioned in some manner.



  • Registered Users Posts: 8,723 ✭✭✭blackwhite


    The issue is that the Gardaí have no way of knowing for certain that you don't know who the driver was - or won't find out who the driver was - and have to err on the side of caution when it comes to disclosing anything that could end up being deemed a data breach.



  • Registered Users Posts: 2,212 ✭✭✭JMcL


    This.

    As others have said the fact that it hasn't been dealt with by the court and therefore isn't in the public domain would bring it right under GDPR. My day job is writing software for European funded research projects and, since GDPR came into being, every dataset that we are given has to be first and foremost looked at from the perspective of GDPR implications.

    GDPR is a bit unusual in that it's the individual handling the data and not the organisation that is considered the processor. Under it, data can only be stored on a strictly "is it necessary?" basis and should be deleted when no such cause still exists, so in the case where X gets 5 penalty points there's a perfectly valid reason to store that data so that the next time X does something stupid and accrues more points, they may lose their license. In the same vein, the record of the 5 penalty points should hypothetically be deleted altogether after they expire (is it 2 years?) - unless of course there's some other justifiable reason to hold onto it, which there may well be.

    So with all that in mind, from the point of the legislation, a 3rd party - @Schorpio in this instance - has no legal right to know how many points X has as they have no legitimate reason to process that data and the individual guard would breach GDPR by giving it. It sucks, but I think as others have pointed out, this is the nub of it.

    As regard reg numbers, they are considered as data that can identify an individual under GDPR and there have been test cases around it. I personally think it's a bit of a stretch as you need access to the vehicle reg database to link it to somebody, and that should be pretty well restricted. There's also an explicit exclusion from GDPR regarding breaches of the law - which this undoubtedly is, but it's probably only the guards who are exempt from the point of view of investigation.

    GDPR is without doubt widely used as a smokescreen - the new "Helt 'n' Sayftee' as it were - and because it's so complex and the penalties so onerous, it can be hard to argue with.

    OP, it'd be no harm following up with whoever you did report it to - the worst they can say is no, but on the other hand you might get somebody willing to give you an update - even unofficially



  • Registered Users Posts: 8,723 ✭✭✭blackwhite


    GDPR is without doubt widely used as a smokescreen - the new "Helt 'n' Sayftee' as it were - and because it's so complex and the penalties so onerous, it can be hard to argue with

    The last part is the reason that so many organisations take any extremely cautious line on disclosing any data as well. Because the majority of employees will not be GDPR experts, the ultra-prudent approach is taken in all policies, whether justified or not



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  • Registered Users Posts: 9,451 ✭✭✭TheChizler


    Somebody better tell them and traffic wardens not to leave tickets on the windscreens of cars so, on the entirely reasonable chance that someone might know the owner of the car and find out they were fined 😮, seeing as the existence of penalties given to strangers is personal data now.



  • Registered Users Posts: 8,723 ✭✭✭blackwhite


    There’s an exemption for the act of law enforcement

    Telling other people whether or not someone else has received penalty points is not law enforcement



  • Registered Users Posts: 19,169 ✭✭✭✭Liam O


    I used to be on that quite regularly and it's a bit of a mess in places. Lack of signposting of entrances to the cycle lane and people thinking they can go as fast as possible on it. I went onto it quite slowly before and a guy screamed at me (probably more my fault but he was barrelling along) but nothing to signpost that people may be entering the lane there.

    Don't get me started on the bushes they have concealing the view of the entrance to the car park outside the bus terminal too.



  • Registered Users Posts: 9,653 ✭✭✭John_Rambo


    It's grand if you're an observant & experienced cyclists but it can be dodgy when you have cyclists that don't slow down for small congregation spots like the bus stops & pedestrian traffic points or can't see obvious obstructions or judge the speed of oncoming cyclists before overtaking.

    This was on a Sunday afternoon on one of the sunniest, warmest, windless days of the year. The cycle lane was busy with bikes, cargo bikes, kids on bikes, scooters and there were lots getting buses.

    I can only guess this guy has a low IQ.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,399 CMod ✭✭✭✭magicbastarder


    five or six years ago, i was passed by a cycling club moving at speed in 2 abreast formation on the cycle path. gave them a good roar. mentioned it to someone else, and he'd had a similar experience with the same club.



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  • Moderators, Sports Moderators Posts: 20,327 Mod ✭✭✭✭Weepsie


    Pretty sure we've all had that experience with the same club (probably).


    Told to f*ck off one day because they tried bullying a load of folks out of their way.



  • Registered Users Posts: 932 ✭✭✭Yillan


    I had what felt like a close pass last month from a Dublin Bus. I've had worse, but I figured I might try out the GDPR FOI system to get the footage. It was not too difficult and I got it within 3 weeks which was pretty good. Now when I reviewed the footage I felt sort of foolish. It seems the bus was not really that close to me at all. I had quoted a distance of about a foot. Now there is probably a degree of fisheye lens to the camera which makes things seem further apart, but then why did I feel like the bus had just come just over a foot close to me as it passed me by and yet the images make it look like the bus gave me a comfortable metre.

    I had a look at the footage and I think I've gotten a sense of why, if you'll indulge me, or tell me I'm completely wrong.


    Here the bus is behind me about to pass me out. Judging by the wing mirror shadow, I'm about 3 metres ahead. The bus on its current path will crash into me. The bus wing mirror shadow is lined up with my shadow. If you follow it forward, they would connect.

    The bus now starts to move out to pass me out. Look at the shadows again. I'm about 2 metres ahead and the shadows are about 6 inches apart now if you track them forward.

    The bus is now starting to pass me out. And even though the bus and I look reasonably far apart, the shadows on the ground are maybe 12-18 inches.

    The bus is now beside me, and this is where the shadows are. Maybe a foot apart. That's why it felt like the bus speeding up to pass me out was about a foot away from me.

    Is my reading of this completely wrong? Are the shadows a reliable indicator of where everyone is, rather than looking at the images that have been fisheyed. The bus then pulled in in front of me to the bus stop outside the workman's club. Do I have a grievance here? Or should I just stop now before I embarass myself anymore?



  • Moderators, Sports Moderators Posts: 24,774 Mod ✭✭✭✭CramCycle


    Hard to tell by pictures, the video would be better. The bus is to close but to be honest, raising a grievance won't get you anywhere as, like you said, the slight fisheye makes it appear, to a layman, that you had enough space. This said, using your wheel as a reference rather than the shadows, I would say the driver is just under a metre, maybe 75cm at his closest, certainly way more than a foot judging by the pictures but at low speeds it wouldn't be a terrible pass. It certainly would be a better pass than most I get in the city centre.



  • Registered Users Posts: 932 ✭✭✭Yillan


    I've cycled in the city for years so I'm used to a close pass. I'm not sure what was so bad about this as the images and video are not exactly terrifying. I think maybe it was that he moved out at the last moment so even though there's enough space as he passes, as I heard him approach he was much closer.



  • Moderators, Science, Health & Environment Moderators, Sports Moderators Posts: 24,094 Mod ✭✭✭✭robinph


    If you look at the width of the shadow of your shoulders and compare that to how much gap between the wing mirror shadow and you looks like they are only just that distance away from you. They should be double that distance away I think.



  • Registered Users Posts: 9,653 ✭✭✭John_Rambo


    Red & Black livery? They, locally had a dreadful name for a while. Wealthy middle aged management types used to bullying people around. I believe they got a few good dressing downs from organisations and individuals and have had to clean up their act.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,399 CMod ✭✭✭✭magicbastarder


    nope, not clontarf; it was blue IIRC.



  • Moderators, Sports Moderators Posts: 24,774 Mod ✭✭✭✭CramCycle


    3 near misses yesterday, although one was 100% my fault (although the only one that wasn't really a near miss).

    First one, coming along the Quays in Wexford, driver swung his door open as I was passing. Thankfully I'd given a decent bit of space but he got a fright as I skidded to a stop as he jumped out of the car while opening it (sort of looked like he was going to trip and fall onto the road). In the wrong town some drivers would have been giving out to me for being out in the lane (never happens in Wexford, at least not yet) but this is why it is done.

    Second guy pulled out of the Maxol self service across from Aldi, never even looked my direction. My Spidey sense was tingling as I approached so had thankfully moved out to the centre line. He got a shock as he only looked towards traffic as he let up the clutch and I half skidded (shouldn't have braked as I would have been completely clear if I hadn't).

    Lastly, the one that was my fault, turning towards Kilmore. Very little traffic and a driver starts blocking the road to let out a single car, even though there was no one behind him and no one oncoming, and if he had just taken the turn as he should have, everyone could have gotten through safely and in good time. Instead, the car down the side road looked at him confused, as in, what the f*ck are you at, get through the junction while you have right of way and it's quiet, so I too can progress. While this stand off took place I went the long way round, to hear the driver on the main road shout at the driver to come on (even though he was in the wrong) and the other driver just look at him with perplexion. A few minutes up the road the driver then rolled down his window as he passed me to give out about my dangerous manoeuvre (probably right). I said, 100%, I was totally wrong but you had the right of way and should have progressed so I got out of there before you caused an accident. He F'd me out of it and then drove on. His passanger was not impressed with him, and had the reaction of someone who was well used to the driver getting annoyed and knowing best.



  • Registered Users Posts: 5 LazyCycle1


    Can someone please recommend a good bike camera? Two very near misses today (Limerick), both involving mobile phones. Firstly, outside Lidl on the Rosbrien Road, a car came across from the new houses to the supermarket entrance, driver looking at his phone on his lap, child in back (neither wearing seatbelts), how he missed me I do not know. Then, on the Shelbourne Road, a woman made eye contact, looked down at her phone and stepped out in front of me. I let out the biggest roar of my life and she jumped a foot in the air saying 'sorry sorry sorry '.

    I'm 50, have cycled in London, Edinburgh and a few other towns and cities, but nowhere is worse to cycle in than Limerick. Everyone is on their phone, drivers and pedestrians, and it's like their brain stops working when they look at it. Also, everyone breaks the lights and cars are getting much bigger.

    So, if someone can recommend a good bike camera I would be very grateful. Also, do drivers treat you differently if you wear one?



  • Registered Users Posts: 20,975 ✭✭✭✭Stark


    Lastly, the one that was my fault, turning towards Kilmore. Very little traffic and a driver starts blocking the road to let out a single car, even though there was no one behind him and no one oncoming, and if he had just taken the turn as he should have, everyone could have gotten through safely and in good time. Instead, the car down the side road looked at him confused, as in, what the f*ck are you at, get through the junction while you have right of way and it's quiet, so I too can progress. While this stand off took place I went the long way round, to hear the driver on the main road shout at the driver to come on (even though he was in the wrong) and the other driver just look at him with perplexion. A few minutes up the road the driver then rolled down his window as he passed me to give out about my dangerous manoeuvre (probably right). I said, 100%, I was totally wrong but you had the right of way and should have progressed so I got out of there before you caused an accident. He F'd me out of it and then drove on. His passanger was not impressed with him, and had the reaction of someone who was well used to the driver getting annoyed and knowing best.

    Sounds like a driver who's not confident turning into a side road without taking the HGV line so he probably wanted the other driver to pull out so he'd have a nice wide space to turn into.



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  • Moderators, Sports Moderators Posts: 20,327 Mod ✭✭✭✭Weepsie


    On my way to the new finglas library today, some dingbat indicating left at a roundabout but proceeds to go right and stop dead as they can't make the turn and then starts reversing.



  • Registered Users Posts: 1,635 ✭✭✭Paddigol


    More fool you for expecting to see correct use of indicator on an Irish roundabout!



  • Moderators, Sports Moderators Posts: 20,327 Mod ✭✭✭✭Weepsie


    It's one of those painted roundabouts, so it's really just a t junction that as this put on as it can get busy and probably has a history of speeding.


    But basically someone trying a 3 point turn on a roundabout.



  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,483 Mod ✭✭✭✭Cabaal


    Near miss for the car rather then me...people are idiots




  • Registered Users Posts: 4,629 ✭✭✭standardg60


    Don't worry the new reduced speed limits will eliminate that sort of driving.



  • Registered Users Posts: 12,863 ✭✭✭✭crosstownk


    ^^Dripping with sarcasm.

    Certain people won't ever heed speed limits until there's a consequence such as penalty points or fines*. Without enforcement any change in limits won't make a blind bit of difference.


    *An even smaller subset won't care about points or fines.



  • Registered Users Posts: 756 ✭✭✭p15574


    Surely there must be an easier way to go around or something, to get to the previous junction?



  • Registered Users Posts: 4,652 ✭✭✭MojoMaker


    100% this. Not confident turning into a side road so pretends like a favour is being dispensed.

    Dangerous driving masked as courtesy - the worst kind!



  • Registered Users Posts: 1,591 ✭✭✭Trekker09




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  • Registered Users Posts: 9,175 ✭✭✭RobertFoster


    Couple of near misses today, one down to error the other to aggression.

    The first, I was heading north on Cardiff Lane towards the river. A left-hand-drive truck turned right coming from Beckett Bridge into my lane by mistake. Luckily the driver copped his error (my wild gesturing might've helped) and moved back into the correct lane in time. No harm no foul, plenty of time for evasive manoeuvres.

    The second incident, I was turning right at the Ward Cross roundabout (from St. Margaret's towards Ashbourne). A car coming from my left yields to me as I'm already on the roundabout, but the car behind that car takes it as a personal insult and blasts them, moving to overtake. More horns and high revs as the two of them battle it out behind me on the roundabout as I try and take my exit as quick as I can. The second driver took the racing line and was off up the road ahead of the first.

    I know the road rage aggression wasn't directed at me, but I still could've ended up another statistic over some needless impatience. I spotted the aggressively driven car a few minutes later in a petrol station, whatever the rush was.



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