BMW close passes within inchesBMW close passes within inches
Incident type: SUV
CLOSE PASS – clearance should be >1.5m –
How many more until Police Scotland take action ?
🚨 Close Pass Incident – Beith Road, Approx. 1:28pm – 31/05/2025 Sunday Lunch time
Vehicle: BMW X5 Xdrive30d M Sport Auto
Speed: Estimated >30mph
Clearance: Well below Scotland’s recommended 1.5 metres when speed limit is above 30mph 2.0m
Video Evidence: [Attached]
I was close-passed by the driver of a Grey BMW X5 SUV on Beith Road. The pass occurred at a bend in the road, and based on the proximity and rear facing camera footage, the driver gave significantly less than the 1.5 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.
đźš« 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. In this instance the following driver who gave sufficient clearance may be called as a witness
Even if charged, the case might result in a “Not Proven” verdict due to lack of corroboration.
đź› 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.
đź’¬ 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 – take action now! – don't wait until the next fatality – or wait until its someone you know! #Upride #BikeBoxViolation #EmmaBurkeNewman #CycleSafeScotland #VisionZero #PoliceScotland #JusticeForCyclists #ClosePass #ASLMatters
SUV close passes me going into a tight curve, then has to brake for the curve anyway.
CLOSE PASS – clearance should be >1.5m –
🚨 Close Pass Incident – Beith Road, Approx. 12:18pm – 18/05/2025 Sunday Lunch time
Vehicle: Jaguar E-Pace R-Dynamic S D 4X2
Speed: Estimated >30mph
Clearance: Well below Scotland’s recommended 1.5 metres when speed limit is above 30mph 2.0m
Video Evidence: [Attached]
I was close-passed by the driver of a red Jaguar E-Pace SUV while cycling on Beith Road. The pass occurred at a bend in the road, and based on the proximity and rear facing camera footage, the driver gave significantly less than the 1.5 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.
đźš« 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. In this instance the following driver who gave sufficient clearance may be called as a witness
Even if charged, the case might result in a “Not Proven” verdict due to lack of corroboration.
đź› 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.
đź’¬ 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 – take action now! – don't wait until the next fatality – or wait until its someone you know! #Upride #BikeBoxViolation #EmmaBurkeNewman #CycleSafeScotland #VisionZero #PoliceScotland #JusticeForCyclists #ClosePass #ASLMatters
WFA driver makes no signals and Ts off the entire street at speed.
VW fails to give adequate space despite wide open left lane.
Close pass by old lady driver of a LAND ROVER RANGE ROVER VOGUE AUTO reg SF69 YZV 3ltr Petrol at temporary traffic lights Ayr road Newton Mearns.
This was not a momentary lapse—it was a failure to prioritise safety, constituting careless driving under the Road Traffic Act. Not the first incident involving this driver.
⚖️ But here’s the reality in Scotland:
Despite having clear camera footage and a factual account, this is unlikely to lead to prosecution under current Scots law. Why?
🔴 Corroboration requirement: A uniquely Scottish rule requires two independent sources of evidence for a conviction. A cyclist’s camera and their own statement? Not enough.
⚫ No presumption of fault or automatic offence for close passes – unlike in some European countries where proximity violations are punishable by law.
🔵 No video reporting system exists in Scotland for traffic offences, even though other UK regions are successfully using these tools to enforce safer driving.
đź•Ż Remembering Emma Burke Newman
In 2023, Emma Burke Newman, a 22-year-old architecture student, was killed in Glasgow after being encroached upon in a bike box by a tipper truck. Her death sparked outrage, calls for change, and public mourning. Yet here we are—still waiting for reform, still watching the same risks play out on our roads.
🚴‍♂️ What Needs to Change:
Legal reform of corroboration: High-quality video evidence must be admissible on its own for traffic offences.
Mandate a national video reporting portal: Like in England and Wales, so drivers can be held accountable for dangerous behaviour captured on film.
Make safe passing distances the law: 1.5m under 30mph, 2.0m at higher speeds—clear, enforceable, unavoidable.
Training for Police Scotland and prosecutors: So cases like this aren’t dismissed before they reach a courtroom.
Stronger penalties for careless driving: Especially for repeat offenders and heavy vehicle drivers.
✊ What Can You Do?
đź“© Share your own Upride reports.
📝 Contact your MSP—demand legal reform.
📣 Keep Emma’s name alive.
đźš´ Protect the next cyclist. Don’t wait until it’s someone you know.
#ClosePass #CyclingSafety #EmmaBurkeNewman #Upride #JusticeForCyclists #SafePassingLaw #ChangeScotsLaw #PoliceScotland #ActiveTravel #VisionZero #ScotlandCanDoBetter
Driver of dark blue Nissan Xtrail chose to pass so close I could touch the vehicle. They couldnt wait a few seconds for both of us to clear traffic island.
Q-jumper 1GQD282 thinks the transit lane is all theirs until I pull in front of her. She tries to intimidate me by following too close and then blasts past at the first opportunity.
The transit lane here is for busses, bikes and taxis only, other users can expect a $100 fine.