Video footage during commuting. Any action been taken?

[Cycledelica]

Hi everyone, recently I had an incident where some guy nearly ran me over at a roundabout. After I yelled at him for nearly putting me in hospital he then proceeded to try running me off the road for the next 1-2km. The thread regarding video cameras and recording your commutes made me wonder what the actual police response would be in the event that an incident was recorded.

I'm my case above the vehicle driver did not give way, so even though no actual collision occurred, prior to the threatening behaviour the driver technically committed a road rule violation which could result in an infringement notice. Do police take action and hand out tickets based on video footage only? Has anyone recorded video footage of such incidents or actual collisions and have you used the footage get a successful outcome from the police (or the perpetrator of the incident)?

[human909]

Hi everyone, recently I had an incident where some guy nearly ran me over at a roundabout. After I yelled at him for nearly putting me in hospital he then proceeded to try running me off the road for the next 1-2km. The thread regarding video cameras and recording your commutes made me wonder what the actual police response would be in the event that an incident was recorded.

I'm my case above the vehicle driver did not give way, so even though no actual collision occurred, prior to the threatening behaviour the driver technically committed a road rule violation which could result in an infringement notice. Do police take action and hand out tickets based on video footage only? Has anyone recorded video footage of such incidents or actual collisions and have you used the footage get a successful outcome from the police (or the perpetrator of the incident)?

The police take generally the view that unless there is a collision then there was no failure to give way.

[Baalzamon]

One case someone caught on camera lady failing to give way at roundabout. $600 fine they copped.

[Oxford]

The short answer is yes, TINs can be issued even if no collision occurs, despite what others may say or think. Proof is in the pudding, I have successfully had TINs issued over incidents. OTOH I have also had situations where TINs were not issued even after being hit and having video, the police saying that if I pursued action against the driver then I may end up with my own TINs for perceived violations.

Go to the safety forums, there is a template written by me for this very purpose.

If it worries you, get a DVR.

[il padrone]

Aushiker is very active on here and uses a video cam to good effect. He can tell you more, however this 'fail to give way' (no collision) led to a TIN from police.

this driver has received a Traffic Infringement Notice. The SC wouldn't tell me what it was but he did indicate that the penalty was greater than that for careless driving, which was the TIN I had asked for.

[newbikeorupgrade]

My experience so far has been generally the police do nothing unless pursued heavily I wouldn't mind if there was Judge Dredge.

[AUbicycles]

My view is that there will be varying responses and levels of actions however every time there is a report, it helps make these more serious issues. The more reports the Police receive about certain issues, the more effort there is to help prevent these.

[AndyTheMan]

I recently had an incident (noted on the forum somewhere, but too lazy to look) of exactly this type of thing.

I had a witness (another driver) who stopped to check if I was OK.

I have made a written statement to police, based on the template in safety section - wanted to create a paper trail to provide best potential for police action.

No response from police as yet (been about 2 weeks(ish))

I will also pursue other means. The ute that tried to run me off the road was a tradie ute, I have description and plate no. I have spend my life in the development industry (high level/management/CEO etc) and I know every construction firm in my region. Mr tradie will be commuting 2 hours for work in the coming months as I am sure many of my mates will refuse to offer him contracts - especially as this is a Occupational Health and Safety issue

(and also the Managing Director of one of the regions oldest and most successful construction firms was killed around 10 months ago after being hit by a car whilst cycling....he was very well known and highly respected and his passing is at the forefront of the minds of many in the industry at the moment)

[AndyTheMan]

I have also just invested in a portable video recorder for my bike

Got a great new HD video from Office Works online for $85

http://www.officeworks.com.au/retail/pr ... LAKBA12002

[Oxford]

This is what lunkhead drivers do not realise, their stupid actions have ongoing consequences (sometimes). That person on the bike could be somewhat of an influence to people that make decisions. I still remember vividly a ride to work day some years ago. Concrete truck driver thought it was funny to run one of my group of the road and she fell, luckily onto grass, he sat in his cabin laughing at her with his mate in the passenger seat. Shame, as she was a senior engineer in the DOT who controlled many government contracts for concrete, including the one for his company. Needless to say the company owner was not impressed when told about the incident that day. Wonder how hard the driver laughed when he found out the whole companies lifeblood (government contracts) was threatened by his moment of "fun". Probably not much, I heard he got reamed by the owner.

[AndyTheMan]

Exactly Oxford,

it is a shame that people have to use other measures rather than police action for such things - but that's the way it is!

I was previously a director in a private development/consulting firm and worked with every architect, engineer etc in the region. In addition, we shared a floor in a building with a large construction company. The one thing me and one of the Directors in the construction company shared as a love of road cycling.

Now this guy controlled every contract for his construction company - every bricklayer, every concretor, every engineer, electrician, plasterer, glazier, landscaper etc etc.

In my role I controlled the appointment of every sub-contractor in the pre-development stages (architects, surveyors, engineers, CAD technicians, ladscape designers etc)

What are the chances, if you are a tradie, survey truck, engineer etc and you cut either myself or my associate off whilst we were out cycling (or we even heard about it from a friend or cycling companion) that we would EVER give you or your company work again??

One of the great pleasures after seeing bogans on the road is recognising the company logo on the side of a vehicle, phoning the company director (whom I may very well know already) and explaining that I cannot give him anymore work because I saw one of his staff throw something at a cyclist and this presents too large an Occupation Safety risk for myself to accommodate in professional dealings....

Happy commuting outside the region for work Mr Bogan Tradie - I hope you enjoy spending 3 hours each day commuting for the next 5 years ....

[herzog]

On a similar note, did anyone hear what happened with the Jims Mowing incident that went viral a few months back?

[Oxford]

ATM, with great power comes great responsibility. LOL. To be a fly on the wall in those situations would be priceless.

[cp123]

Jim's Mow em down got a pissy ticket for failing to give way or something equally pathetic.

Google Riot Act Canberra for more info you need it!

[il padrone]

This is what lunkhead drivers do not realise, their stupid actions have ongoing consequences (sometimes). That person on the bike could be somewhat of an influence to people that make decisions. I still remember vividly a ride to work day some years ago. Concrete truck driver thought it was funny to run one of my group of the road and she fell, luckily onto grass, he sat in his cabin laughing at her with his mate in the passenger seat. Shame, as she was a senior engineer in the DOT who controlled many government contracts for concrete, including the one for his company. Needless to say the company owner was not impressed when told about the incident that day. Wonder how hard the driver laughed when he found out the whole companies lifeblood (government contracts) was threatened by his moment of "fun". Probably not much, I heard he got reamed by the owner.

Priceless !!

Sometimes karma really works.

[Aushiker]

The short answer is yes, sometimes. It really depends a lot on the particular incident, the wording of the regulations and the Police officers involved (e.g., I would think very carefully personally about reporting an incident to the Fremantle Police for example. In fact I doubt I would, instead it would go to the Police Commissioner and Minister of Police and my local State MP with a very clear statement that I have absolutely no faith in their ability to review it professionally).

The video linked to by Pete was a successful one. On the other hand I have taken incidents right through to Stephen Brown Assistant Commissioner Metropolitan in the Western Australian Police and the response was "no offence" which may have been valid with respect to some of the reports but it was the lack of professionalism that really got me with these matters.

Also sometimes despite the response or rather lack of perceived favourable response, things change. On the face of it I "lost" my argument over Transperth buses in Fremantle in that my complaint got brushed off, however, there has been a NOTICABLE and I mean a real tangible safety focused change in driver behaviour in Fremantle now. They are all concerned they are being videoed That is the real win in my view ...

I even had one bus stop in the lane as the driver was turning left and I was coming up behind to the left of the bus in the shallow and they had passed me safely earlier on hence was aware of my presence. The driver stopped to allow me to pass on their left. I did actually pass to the right but did give a wave of thanks. There is a related discussion on turning left and bicycle lanes BTW.

Prior to my report that wouldn't have happened in Fremantle, trust me. There had been an incident of a Greens MP staff member knocked off her bike in a roundabout by a bus driver coming behind - his justification? He thought she would get out of the way. Odds of that driver doing that now. I would say pretty slim to zilch.

Andrew

[csy75]

I had a hire car driver cut me up and I followed oxfords template to generate a statement.

handed dvd/cd with this http://www.youtube.com/watch?v=HNFn9NKpRiM on it and statement in. took a few weeks but the helpful officer at north sydney police station gave this guy a ticket.

per oxfords suggestion, i said to the officer i would not drop this matter and would be happy to appear in court.

thanks Oxford

[InTheWoods]

My very first one to police got an unsatisfactory response, was basically told I shouldn't be on the road getting in the way of cars

After writing to the Assistant Commissioner with that little gem, the couple of complaints I've put in over the past year or so since then have been dealt with with TINs so I have no complaints with the way my local station (its basically beside where most of my complaints happen!) handles it.

[darkelf921]

Unfortunately, it depends which state you are in and also on the police officer taking your complaint. I recently went to make a complaint to my local police station. I had a statement written up, I had a printed google maps indicating where it occurred and a cd with the video on it. Now keep in mind most police computers are ancient so the video should be in wmv format as well as mov format. Also make sure it is clipped to the incident otherwise they get bored and stop watching.

Now the police officer taking my complaint told me as there wasn't a collision there was nothing he could do.

I told him I felt the driver targeted me and just look at the footage. Never embellish the truth as you will lose them straight away. He watched the video. He asked if I would be prepared to go to court if the accused fought the ticket. I said yes and then he started taking me seriously and processed the complaint.

Their time is precious. Keep it all short and sweet and you might have a chance.

I posted the footage in MM#3 if you want to see it.

[Oxford]

Cheers, happy to have been of assistance.