Dangerous and intimidating driver behaviour

Sometimes cyclists are subjected to aggressive behaviour from a driver that is dangerous, intimidating and may be in breach of the Road Rules. Some relevant Road Rules include:

  1. negligent, furious or reckless driving67
  2. menacing driving68
  3. tailgating69
  4. unsafe overtaking70
  5. failing to give way71

You can report such behaviour to the police. If you want to do this you will need the licence plate number and a description (colour, make and model, condition) of the vehicle, and if possible a description of the driver.

The police are unlikely to take any action if there has not been a collision or an injury as a result of the behaviour.

However, if the conduct was serious and you are willing to make a statement and to go to court if the driver is charged, the police may investigate and speak to the driver.

The police are more likely to charge the driver with a traffic offence if there is another witness to the incident.

You will need to be persistent and follow up regularly with the police about your report to find out if they have taken any action.

Complaints about the police can be made to the Police or to the Law Enforcement Conduct Commission.

Redfern Legal Centre has a legal advice service for people in NSW who have complaints about the police. Call (02) 9698 7277.

Footnotes

  1. Road Transport Act 2013 (NSW) Section 117
  2. Road Transport Act 2013 (NSW) Section 118
  3. Road Rules 2014 (NSW) Regulation 126
  4. Road Rules 2014 (NSW) Regulation 140
    Road Rules 2014 (NSW) Regulation 144
    Road Rules 2014 (NSW) Regulation 144-1
    Road Rules 2014 (NSW) Regulation 144-2
  5. Road Rules 2014 (NSW) Regulation 67
    Road Rules 2014 (NSW) Regulation 68
    Road Rules 2014 (NSW) Regulation 69
    Road Rules 2014 (NSW) Regulation 70
    Road Rules 2014 (NSW) Regulation 71
    Road Rules 2014 (NSW) Regulation 72
    Road Rules 2014 (NSW) Regulation 73
    Road Rules 2014 (NSW) Regulation 74
    Road Rules 2014 (NSW) Regulation 75