Bicycle camera footage helped Gardaí issue a taxi driver two penalty points and an €80 fine, although a higher fine and points can be applied.
The cyclist who reported the close pass, Phil Wright, said he was unsure why driving without reasonable consideration was used rather than the offence of dangerous overtaking of a cyclist, which comes with three points and a higher €120 fine.
He tweeted: “This driver received FCPN for driving without reasonable consideration Why not receive for Dangerous Overtaking of a Cyclist? The former attracts 2 points and an €80 fine. The latter 3 points and a €120 fine.”
As outlined in IrishCycle.com’s explainer on the law around overtaking cyclists, the law was changed in 2019 to separate out the offence of dangerous overtaking of a cyclist from the general dangerous overtaking offence.
The offence covers not just overtaking but also any failed attempt at overtaking. It covers not just endangering but also inconvenience (ie making the cyclist feel like they have to pull their brake or swerve). To endanger means to put at increased risk. Injury is not required to report or prosecute the offence.
To endanger means to put at increased risk. Injury is not required to report or prosecute the offence. The offences can be reported to a Garda station with or without video footage, although the former seems to be more common.
Phil is right to ask this question of An Garda:
“This driver received FCPN for driving without reasonable consideration Why not receive for Dangerous Overtaking of a Cyclist? The former attracts 2 points and an €80 fine. The latter 3 points and a €120 fine.”
It’s not the first time the specific ‘dangerous overtaking of a cyclist’ offence was ignore at local station level.
Is it that senior officers in local stations don’t know about the existence of the offence on the statute book?
Or is it institutional reluctance to inflame motordom when drivers interact badly with bike users?