A specific new offence of dangerously overtaking a cyclist is set to be implemented in Ireland, from November 12th next.
However, the Government has shelved plans to introduce
new close-pass legislation.
It would have
created a new offence of motorists’ overtaking cyclists within 1.5 metres.
The only exception would have been on roads with a speed
limit of less than 50km per hour, where the passing distance would have been
reduced to one metre.
Minister for Transport Shane Ross had promised to
introduce the close pass legislation before confirming about a year ago he was
dropping that plan.
In its place, from next month it will become an offence
to dangerously overtake a cyclist; an offence that will result in a fine and
penalty points.
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The offence of dangerous overtaking already exists in
Ireland. However, this new offence specifically creates an offence of
dangerously overtaking a cyclist.
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Dangerous overtaking currently carries a sanction of
three penalty points and an €80 fine.
The sanction for ‘dangerous overtaking of a cyclist’ will
also be punishable by three points, but the fine will be higher at €120.
It is highly likely the offence will be hard, if not
impossible, to prosecute unless cyclists have the incident on video.
The Road Safety Authority is also promising to run a
publicity campaign highlighting the dangers of dangerously overtaking cyclists.
The success or otherwise of the new offence will depend
on how the Garda enforces it. In reality, it will probably fall to cyclists to
produce video evidence of an offence themselves.
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