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Overtaking a Cyclist: How Much Room?

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Updates to the Highway Code specify the amount of room you need to leave when overtaking a cyclist.

However, not all road users are aware of these changes to the legislation and failing to leave enough room when overtaking a cyclist can have legal consequences.

In the following article, we clarify the amount of room you need to overtake a cyclist according to the Highway Code rules and the penalties you could face if you are accused of overtaking in an unsafe manner.

Please note that the following article is for informational purposes only and should not be considered legal advice. If you need legal support with allegations relating to a motoring offence, please get in touch, and our team can advise you.

How much room should you leave a cyclist when overtaking?

The Highway Code states that when overtaking a cyclist, you must leave at least 1.5 metres of space if driving at speeds up to 30 mph. This gap should be increased further at higher speeds.

When you are overtaking a cyclist, you should leave as much room as you would give to a car. This rule applies even if the cyclist is in a cycle lane.

Many cyclists now use front and rear cameras, making it easier to report careless or dangerous driving. Video evidence can be submitted online, leading to more frequent prosecutions.

While breaching the Highway Code does not automatically mean you have committed a criminal offence, it can be used as evidence against you.

If you are facing an allegation of careless or dangerous driving, our experienced motoring offence solicitors can provide specialist legal advice.

Do you need to indicate when overtaking a cyclist?

Yes, it is advisable to signal when overtaking a cyclist to ensure the safety of all road users.

While the Highway Code does not explicitly state that you must indicate every time you overtake a cyclist, Rule 103 advises drivers to use signals to help other road users understand their intentions.

Signalling before overtaking a cyclist can alert those behind you, including other drivers and pedestrians, reducing the risk of an accident.

Failing to indicate when required could be considered careless or inconsiderate driving, depending on the circumstances. If an accident occurs due to a lack of signalling, you may face legal consequences.

If you are facing allegations related to a driving offence, JD Spicer Zeb’s expert solicitors are available 24/7 to provide tailored legal advice and representation.

What are the penalties if you don't leave enough room when overtaking a cyclist?

Failing to leave enough space when overtaking a cyclist can result in penalties ranging from points on your licence to imprisonment, depending on the circumstances of an incident.

If you cut up a cyclist or get too close when overtaking, you could face between 3 and 9 points on your license and a charge of driving without due care and attention.

If you are facing allegations of improper overtaking or any other driving offence, JD Spicer Zeb’s experienced criminal defence team is here to offer expert legal advice and support.

Related offences

We also provide support and guidance on various other matters that are related to motoring offences, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our driving offence solicitors today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated driving offence solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.