Cycling vigilante who pushed bike in front of car ‘was breaking law'

Telegraph

3 days ago

A cycling vigilante potentially 'broke the law' when he pushed his bike into a car to try to prevent a crime, a lawyer has claimed.
Michael van Erp, known as Cycling Mikey on social media, filmed himself pushing his e-bike into the path of a Fiat 500 as its driver ignored a road closure in west London.
Neither the 53-year-old cyclist nor the motorist has been arrested, in part because no potential victim has lodged a formal complaint.
In the clip, Mr van Erp can be seen targeting drivers who fail to obey no entry signs as they approach roadworks at a junction in Hammersmith.
When a Fiat 500 driver ignores the signs, Mr van Erp challenges him and says: 'What is that sign back there? You have to go back now. Very naughty.'
Shortly afterwards the same motorist decides to drive through the closed road as Mr van Erp pushes his 28kg e-bike into the path of the vehicle. The bike collides with the car, sending his belongings flying across the road as the motorist drives off.
Nick Freeman, a motoring lawyer known as Mr Loophole, has analysed the collision footage and claims that although the motorist had potentially broken three laws, the cyclist could also be considered by police for a charge of dangerous cycling.
'I think they are both culpable,' he said, explaining how he believes the motorists could be considered to have failed to stop following the collision and failed to report the accident.
He said the driver of the Fiat 500 could also be described as using his car as a weapon and so may have also committed a dangerous driving offence.
He added that Mr van Erp's behaviour may also constitute a dangerous cycling offence even though he is not seated on his bike when it is pushed into the car.
'No legal status to police traffic'
'He is controlling the bike, so it is legally cycling. And, as a result he may be guilty of dangerous cycling,' he said.
'He could be seen as using his bike as a weapon as part of any dangerous driving charge because it falls below the standard of a competent and prudent cyclist.
'He can't say: 'The car shouldn't be there so I'm entitled to do it.' He will say he has used his bike to stop an offence. But, in so doing he has risked injury to himself and the driver, who had a child in the car.
'He would argue that he has a legitimate cause. But, he has no legal status to police traffic and may be causing an obstruction in a highway.
'Cycling Mikey may not realise that by pushing the bike he is in fact cycling because he is in control of it, in the same way you're legally driving if you're sitting in a car and it's freewheeling while the engine is off.'
Although police are investigating the incident, it is understood they require a complaint to be made by someone who considers themselves a victim before they can consider taking matters further.
Mr van Erp, who denies throwing the bike but did want to block the motorist, has posted on social media that he had not reported the incident, adding that he 'couldn't... brake a 28kg e-bike once I realised the driver wasn't stopping'.
He said he believes the motorist's vehicle sustained a scratch in the collision, something he claims stemmed from the driver using his vehicle as a weapon.
Mr Freeman added: 'The police have a legal obligation to pursue any offences here.'
A Met Police spokesman said: 'We are aware of footage circulating on social media which appears to show an incident on Paddenswick Road, Hammersmith on Sunday, Aug 10. No arrests have been made at this stage.
'We urge victims of crime to contact the police by calling 101 or 999 in an emergency.'
Mr van Erp, who has more than 35,000 followers on his X account, regularly films drivers he claims are breaking road rules, such as using a handheld mobile phone behind the wheel.
He says since 2019 he has reported 2,280 drivers, who have received a total of £165,700 in fines and 2,649 penalty points.