040425 SH71 FHL CLOSE PASS

4 Apr, 2025 - 2 weeks ago - on M77
CLOSE PASS at speed greater than 30mph - clearance should be >2m - driver saw camera a bit late swinging out to the oncoming lane after the pass.

🚨 Close Pass Incident – Mearns Road, Approx. 9:15am – 04/04/2025

Location: Mearns Road, East Renfrewshire
Time: ~9:15 AM
Vehicle: Grey Nissan Juke
Speed: Estimated >30mph
Clearance: Well below Scotland’s recommended 2.0 metres when speed limit is above 30mph
Video Evidence: [Attached]

This morning I was close-passed at speed by the driver of a grey Nissan Juke while cycling on Mearns Road. The pass occurred at well over 30mph, and based on the proximity and rear facing camera footage, the driver gave significantly less than the 2.0 metres of recommended passing clearance when overtaking at speed.

⚖️ Is This Illegal in Scotland?
Yes, this can constitute careless or dangerous driving under the Road Traffic Act 1988:

Careless driving is when a driver’s behaviour falls below what is expected of a competent driver.

Dangerous driving is when it falls far below and puts others at obvious risk.

However, unlike in parts of England and Wales where police more regularly issue Fixed Penalty Notices (FPNs) using video footage, Scotland's legal system requires corroboration—two independent sources of evidence—before prosecution can proceed.

🚨 Even though I have video footage and a clear account, in Scotland, that may not be enough to take enforcement action. That’s the problem.

🚫 Why Is Prosecution Unlikely?
In practice:

Camera footage alone is often ruled insufficient under Scotland's corroboration requirement.

Unless a second witness, police officer, supports the claim, prosecutors may be forced to drop the case or issue no action.

Even if charged, the case might result in a “Not Proven” verdict due to lack of corroboration.

🛠 What Needs to Change?
To make Scottish roads safer for cyclists and vulnerable road users, we need:

Reform of corroboration rules – Bike and helmet camera footage should be accepted as sufficient evidence in close pass cases.

Legal status for minimum passing distances – Scotland still relies on guidance, not law. Make 1.5m at <30mph and 2.0m at higher speeds legally enforceable.

A public video submission portal like those used in England/Wales, enabling easy reporting and consistent action from Police Scotland.

Training for police and prosecutors on interpreting video footage and prioritising active travel safety.

Public awareness and driver education campaigns so motorists understand how serious and dangerous close passes are.

💬 Why This Matters
Close passes like this one aren’t “just” scary — they’re potentially fatal. Scotland has made bold promises on climate, health, and active travel. But unless legal protections and enforcement mechanisms catch up, we will continue to put lives at risk every day.

Let’s change that