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Old 08-07-19, 11:28 AM
  #103  
Spoonrobot 
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Originally Posted by MattTheHat
The yelling sounded fairly extreme if the poster's throat was sore the following day. I don't like close passes either, but when it's all said and done, the driver did not hit him. And "close pass" is in the eye of the beholder. I know for myself, when I zone out and a car passes me when I'm not really thinking about it, it always seems closer than it is.

Now if the driver appeared to purposely swerve, that's a different story, and one in which a complaint needs to be filed.

If I came home to find a man screaming at my wife...for a close pass or any other reason...I would not be happy with said man. Yelling "TOO CLOSE" as he rides by...fair enough. Anything more aggressive is not okay, in my opinion.


-Matt
Here's my original post, since you are using it to create a situation that did not occur. It was not a close pass.

Sometimes, I follow CB HI's example and give the motorist an earful. Once a woman in a very unique car tailgated me, honked, passed very close and fast while shouting obscenities. I rode past her walking down her driveway to get her mail about a minute later and gave her an earful that left my throat raw the next day. Since I ride the same road as a commute once a week I've been passed by her twice since then. She now waits behind me patiently and passes me with a lot of room at an appropriate speed, with her windows up and her mouth shut.

Most times a harassing motorist/cyclist interaction is a moment in time with no post-script. The example is unique for me and is something that has really made an impact on my thinking.
A close pass is not in the eye of the beholder. It is statutorily defined in Georgia, as the road I was on was 11 feet wide, her car (a late 90s Caramro) a little less than 7 feet wide, there was no legal way to make the pass. Her clearly communicated intent was to use her motor vehicle to threaten me. Her actions were well past the threshold for what Georgia requires for filing of a charge of simple assault. In this case I made a judgement call that her eventual apologetic tone and the long response time for a non-emergency (dispatch quoted as 1 hour), that this incident could be concluded without a police report. I still have the option to file a report as I have her information and reports for motor vehicle violations and misdemeanor assault have very low evidentiary thresholds due to their low enforcement/penalty status.

Georgia law requires a driver to leave a “Safe Distance” when overtaking and passing a bicycle, with the term “Safe Distance” defined as meaning not less than three feet. (O.C.G.A. Sec. 40-6-56).
Simple assault. (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or. (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
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