My father was caught just around the bend up ahead here on the attached screenshot from Google Maps.
He approached the corner at around 30mph
The corner is tighter than it looks on the picture, as he rounded the corner, there was a cyclist in a low down recumbent type cycle.
Performing an emergency stop or slowing down enough would have caused the car behind to hit him as it was too close, there were cars coming the other way.
He took what he thought was the safest course of action and that was to accelerate and pass the cycle before the traffic coming the other way got close enough.
The cyclist was recording his journey and submitted the video to the police.
My dad was adjudged to have passed too closely to the cycle, 3 points and a speed/ driver awareness course (with fine too I believe)
Unfortunately, his dash cam didn't record the incident, for some reason it records him leaving the street at home about 10 minutes earlier and again about 10 minutes afterwards.
It seems the magistrate that viewed the case thought it was quite simply an open and shut case of passing too closely going up a hill.
No mitigation was considered that he had just rounded a tight bend with tall tress and bushes obscuring sight lines around it and he took sensible evasive action.
With dash cam evidence, a different outcome may have been reached, but taking one side over the other without considering mitigating circumstances does seem quite unfair
It may not be what you want to hear, but that was probably the right decision by the police, CPS, and magistrate.
There's a couple of things here though.
The first is something which is only taught on 'advanced' driving/riding courses these days - driving to 'limit points'. That is to say, you should drive such that you can safely stop in the distance of road you can see to be clear ahead of you. The best way of picturing this is - imagine there is a skip parked on the road after every corner and every brow of a hill. As drivers, we need to drive such that, if that were the case, we could safely stop for it. It's quite easy to practice this skill on country roads. One of my favourite driving instructors, Reg Local, has a good video on it:
. Advanced driving courses are more self-preservation for motorcycle riders, but a lot of car drivers ought to consider them too, even if they don't take the test.
The second is about the pass, 'before the traffic coming the other way got close enough'. It may just be the wording, but this sounds a bit sketchy to me. To safely make an overtake, you need to be confident that you can safely make the three stages of the pass (catch, match, dispatch - catch up to the vehicle in freont, match the speed, then dispatch to overtake them without unnecessary delay). Another Reg Local video:
. If any of the stages aren't secure, don't make the overtake - hang back, and look for another opportunity.
The third and last is about the overtaking distance. Regardless of points one and two above, if a driver leaves the sufficient passing distance, they're not going to get a careless driving charge purely for the overtake. So even if everything else is messed up, the least the driver can do is move fully over to leave space for the cyclist in case they swerve, slip, or reposition. Given the photo of the road provided, if the driver has moved out to pass the cyclist, they're going to be blocking the opposing lane regardless, so there's no reason at all not to move fully over; it'll make no difference to traffic coming the other way, but it'll make a big difference to the cyclist being overtaken.
That was a bit of a long-winded answer, but in parts:
My father was caught just around the bend up ahead here on the attached screenshot from Google Maps.
He approached the corner at around 30mph
The corner is tighter than it looks on the picture, as he rounded the corner, there was a cyclist in a low down recumbent type cycle.
This is why he should've driven to limit points. If he had, he wouldn't find himself forced into an overtake.
Performing an emergency stop or slowing down enough would have caused the car behind to hit him as it was too close, there were cars coming the other way.
Only if the car behind wasn't driving to limit points. In the event the car behind was tailgating and hit the car in front, they'd rightly be found liable and potentially given the careless driving charge instead. If the car behind was genuinely tailgating leading up to this, it probably would've been safest to be the 'bigger person', pull over and let them by. Don't know about you, but I'd rather not have a dangerous driver behind me!
He took what he thought was the safest course of action and that was to accelerate and pass the cycle before the traffic coming the other way got close enough.
The cyclist was recording his journey and submitted the video to the police.
My dad was adjudged to have passed too closely to the cycle
Yes, so he should've left a greater gap when overtaking. Pretty straightforward.
3 points and a speed/ driver awareness course (with fine too I believe)
So for careless driving you
either get 3 points and a £100 fine, or you pay ~£100 for a driver retraining course (the exact cost varies by provider, which in turn is decided by the locale). If he did a driving retraining course, he won't have been fined, but he will have had to have paid for the course. Same as speed awareness courses really.
It seems the magistrate that viewed the case thought it was quite simply an open and shut case of passing too closely going up a hill.
No mitigation was considered that he had just rounded a tight bend with tall tress and bushes obscuring sight lines around it and he took sensible evasive action.
Well, yes, that's the correct decision. It isn't a mitigation that he was going around a tight corner. If you're going around a tight corner you need to slow down, such that you can stop in the distance of road you can see to be clear before you. If bushes and trees obstruct this line of sight, it just means the distance seen to be clear in front of you is less, and you need to drive slower. He only had to take evasive action in the first place because he wasn't driving to the road conditions.
With dash cam evidence, a different outcome may have been reached, but taking one side over the other without considering mitigating circumstances does seem quite unfair
But there
was dashcam evidence, from the cyclist. That's what secured the prosecution! If the driver had dashcam footage leading up to the incident, all it would show is that they were careless in their driving leading into the corner by not allowing a safe stopping distance for any potential hazards, like a recumbent cyclist.
Your old man was rightly prosecuted for careless driving.
Unfortunately, his dash cam didn't record the incident, for some reason it records him leaving the street at home about 10 minutes earlier and again about 10 minutes afterwards.
Yes, this is very convenient
For what it's worth, this is a major factor in why fitting a dashcam doesn't
significantly reduce insurance premiums - insurers found that in many cases, their insured driver just
happened to have not switched the camera on, or had left the SD card out, or whatever.
I would add a bit of a harsh but salient point here - take what other drivers say with a bucket of salt. Many people who fail their driving test will say something like, "I was given a major for doing 22mph in a 20mph for 2 seconds when I turned into a residential street.", people who do speed awareness courses will often say they were clocked doing 31mph in a 30mph zone, etc. Your dad might be spinning the tale that he had no other option but to close pass this cyclist, but it's self-evidently not the case because it meant he went into the corner too fast and unable to stop for hazards, and when he did decide to overtake, even though he would have to block the entire opposite lane given the screenshot, he didn't use the full width of the lane and instead passed the cyclist too close, which was caught on camera. Purely coincidentally, his dashcam was working for his journey except for this very moment he was supposedly forced into this maneuver. I'm not saying he's a bad guy or anything, but his careless driving charge is entirely reasonable based on what you've said, and I'm honestly suspicious about his lack of dashcam footage of this very moment.