Irish club cyclists have secured an historic close-pass conviction in a court in the North after a truck driver lost his appeal against dangerous driving.
The driver was willing to admit to careless driving but
not the more serious charge of driving dangerously.
Despite there being no case law for the court to refer
to, an initial conviction of dangerous driving was secured earlier this year.
However, the driver – who was in a van at the time - appealed
the conviction but that appeal has now been unsuccessful.
It means an historic first dangerous driving conviction,
which has withstood an appeal, has now been secured.
The cyclists who were passed closely are members of
Spires CC based in Derry.
They were part of a leisure ride when they were passed
too closely by trucker Patrick John Kelly (51), Pomeroy Road, Dungannon.
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The incident occurred on July 22nd last year when about
18 cyclists were riding two abreast during the charity ride from Pomeroy to Dongahmore.
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Dungannon Magistrates' Court was told by two of the cyclists that the wing mirror of Kelly’s van had passed two inches from them. This, they contended, was “dangerously close”.
The club in a statement has described the incident as a “punishment close pass by a driver".
District Judge John Meehan initially questioned if
cycling in pairs was a dangerous practice.
He commented at an early court hearing that he believed
the safest cycling was in single file.
However, after that court sitting in March the case was
adjourned and was back again in court in May.
The club cyclists testified and Kelly was convicted of
dangerous driving. He was fined £400 and banned from driving for a year.
He appealed the conviction but the conviction against the
haulage contractor was upheld on Monday at Omagh Appeal Court.
As there was no case law to fall back on, the appeal centred on whether a close pass was dangerous or careless driving; the latter, lesser, offence Kelly had been willing to admit to.
However, the appeal court decided that a close pass could be considered dangerous driving and upheld the conviction.
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