— Truck driver shown on video driving closer to footpath as he overtakes despite carriageway widening out.
An increase in motorists being fined for ‘dangerously overtaking a cyclist’ has been reported since the law was introduced last year, but the Gardai are ignoring some cases, including an example where footage shows a truck driver blares his horn, makes no apparent attempt to slow down or move into another traffic lane before closely overtaking a man on a bicycle.
IrishCycle.com had reported on recent cases where motorists were according to Gardai fined for breaching the dangerous overtaking of a cyclist law which was introduced last year. Video evidence helped secure a €120 fine and 3 penalty points in an example in Cork and another in Dublin. We also reported on a case in Dublin where a motorist was fined thanks to footage last year before the new law was in place.
But describing an incident which happened him on November 18 — shortly after the new dangerous overtaking of a cyclist law was put in place — a reader said that given the rise in new people cycling on the road that the refusal to prosecute is “just disgusting”.
The close pass happened on a section of the Swords Road which is a dual carriageway, beside The Coachmans Inn. It happened heading southbound just north of the main Dublin Airport roundabout. The close pass occurred at a pinch-point in the road where a footpath and pedestrian crossing juts out as the narrow cycle lane ends.
Last week, Barry Mulhern said: “I reported it to Traffic Watch on the November 20. I got a letter from them with a pulse number. I then made a statement in person on the 19th of Dec at which time I gave the Gardai copies of footage from my rear facing camera, front facing helmet camera and front facing handlebar mounted Camera. I have been chasing up with the Gardai ever two weeks since February and only this evening managed to catch the investing Garda on the phone.”
“I asked investigating Garda was there not a 6 month time limit between offence occurring and notice of prosecution being served, which he said there was. I then asked if they had identified the driver, he said they did but they didn’t believe an offence had taken place so he wasn’t asked for a statement,” he said.
Mulhern said: “In fairness the investigating Gardai were helpful professional, if busy, but he said it went to his superior, his Sergeant who he named, and the Sergeant was the one who said no offence, and what’s worse the investigating Garda implied he was told not to contact me, all though when I pushed him on it, he wouldn’t confirm and rowed back on it.”
He added: “At a time where there is a clear explosion in new and returning cyclists to pit roads to have a Sergeant see what he saw and refuse to prosecute is just disgusting.”
Mulhern posted the the forward facing and rear camera footage on Twitter.
The front camera:
Mr HGV driver dosent like Cyclists… So a little punishment pass and some intimidation will sort me out. Who cares? No @GardaTraffic anyway. Sure I wasn’t injured so what’s the problem? pic.twitter.com/BHRQASEu8M
— Barry P. M. (@Ltm67) November 18, 2019
The rear camera:
So, on reviewing the Rear Camera footage it’s clear the drivers actions were not only malicious, absolutely deliberate but very very dangerous as he nearly hit 2 cyclists. As such it would be wrong to NOT report him. I’ll be off to try again in Swords Garda station tomorrow. pic.twitter.com/Vp2AcB4lo7
— Barry P. M. (@Ltm67) November 19, 2019