Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

VIC Careless driving

Discussion in 'Politics, Laws, Government & Insurance' started by amnesia, Aug 26, 2008.

  1. Can any one point me in the right direction for the specific laws regarding careless driving and failing to give way in Victoria. Thanks

  2. I can't point you to the law, but I remember reading the words "Anyone who drives a vehicle without due care and attention commits an offence."

    It's a bit of a catch all and is considered a minor offence. It's often used when someone runs up the back of another car.

    It's an easy thing to run afowl of by your own admission, using "I wasn't paying attention" or "I didn't notice" as an excuse can open up the Careless Driving box.

    Failing to give way can apply to about 50 different situations, from posted give way signs to not giving way to trams. I think it's 3 demerit points and a fine.

    If stopped for zipping out of a side road and failing to give way, assuming it was hard to suggest endangerment (Dangerous driving), you could say "Yeah, I figured I could get through quickly and judged the gap sufficient." to end up with a ticket for failing to give way. Or you could say "I didn't notice that car coming." and get either 'failing to give way' or 'careless driving', or perhaps both if dealing with a prat.

    Perhaps a cop or traffic lawyer can offer more light or correct an stick I have by the wrong end, but you could probably provide more info around your question.
  3. Well basically on Sunday I was riding along a street, when a woman came out of a side street with a stop sign and I ended up T-boning here front right guard area and was sent flying through the air. My bike is most likely writen off and there was significant damage to her car.

    When speaking with the police officer that attended, he told me that she was unlikely to even cop a fine. Apparently she said that there was a 4WD turning left into the street that she wished to exit and that she couldn't see past it, so proceeded to enter the road so she could see past it. This resulted in me smashing into her at around 60km/h.

    As you could imagine I was quite pissed off at the coppers response.
    I told him that if she couldn't see past the 4WD she should have waited for it to turn instead of entering the road. He knows the smash is her fault and I ended up in hospital as a result. I was just very disappointed with officer and will be writing to him regarding the matter.
  4. Write to his superiors. The offence stated above may not be the most appropriate, but she is clearly at fault and caused an accident resulting in an injury.
  5. Try lodging an official complain about the matter (I understand your displeasure of how it was handled).
  6. Don't stress over things that have no impact on the outcome for you.
  7. I understand what you are saying

    But I am self employed and off work at the moment and have nothing better to do

    And if I am going to suffer financially because of her stupidity she better too
    thats just the mood I am in at the moment.
  8. That's cool. Just don't get obsessed by it, I did, and it was a waste of energy and emotion that would have been better used elsewhere. :wink:
  9. Well, you're stuffed then. Everybody knows that the rule is, if you can't see, you're absolved of any responsibility to look :evil: .
  10. I love how you'll get pinged for 3km/h over the limit, but cause a bike to go over your bonnet? Nah, she'll be right. What a load of sh!t!
  11. hey amnesia, i'll have a look at the laws if u reply quick enough, im bored, and have read most of them anyway already.
    just need to clarify.
    so she pulled out of a sidestreet, with a stop sign, yeah.
    she wanted to turn to her right? to go in the opposite direction of your travel?
    and the road you were on, was it one lane or multiple? if multi, which lane were you in?
    was there a median strip on the middle? or undivided road?

    jut trying to get a picture of everything.
    speaking of which, maybe draw one up or something :p
  12. +1

    Find out what station he is from and write to the officer in charge, setting out exactly what happened and asking for an explanation as to why she hasn't been charged in these circumstances.
  13. why does everyone post that?
    thats a Lawyer dudes own website.
    all he wants is your business, regarding infringements etc, its got nothing to do with the actual Law.
    through the vicroads website, a list of the Road Rules can be found, alot more informative but can be a hassle finding exactly what u need if u dont know where to look:
  14. forgot to ask, was the 4WD u were behind, turning left in a slip-lane, or from the same lane as you?
  15. well u suck at replying quickly, but here is one rule she broke, anyway.

    underlined bits are the relevant bits, but read it all, its better to know everything, than miss something.


    Road Rules - Victoria
    Part 7, Division 1, Rule 67

    taken from the dictionary, http://www.vicroads.vic.gov.au/NR/rdonlyres/67CB4158-1B53-474F-8C25-A4202A12CBB2/0/dictionary.pdf

    Rule 67 states she must stop and give way, which she obviously didnt.
    as far as i can see, you did not come under any of the exceptions in the rules.

    thats all i can drag up now, im out for dinner soon :)
  16. Dude, have a closer look, it has extensive sections regarding traffic laws in plain english. Yes it also drums up business. So what mate?

    It has a forum where you can ask the question... and the answer comes usually from the dude, so it's as good as a legal opinion.

    But I agree - going to the laws themselves is probably better if you can stand reading that stuff.
  17. sorry for the slow response I was finalizing my insurance claim

    To clarify I was heading north on a road that is 4 lanes wide no median.
    This road starts out with lane markings from the intersections but then the markings stop. Anyway when I started up the road I was in the right lane and continued to maintain this position. She came out of a side street on my left, with a stop sign, making (or at least attempting to until we met) a right hand turn to head south. I had no time to react as she just appeared in front of me and I hit her right front guard area at about 60km/h. A superman impersonation followed. I came to with people telling me not to move and was picked up by the meat wagon and taken to hospital. Never saw or spoke to this woman.

    I have pics of my bike and her car that I will post if I can


  18. Rob: ahh k, i probably never looked deep enough to see the good bits, just didnt like the overview of what i did read. might have to check again! :)

    thats a healthy looknig bike you have :( :(
  19. so the 4WD was turning left, and she decided to nose out into their lane, and peek/hope nothing was in yours.
    lovely :roll:
    classic blind spot accident though, but sometimes it cant be helped :?

    she is at fault, and also in my understanding (police may differ) broke Rule 67, as she failed to "stop and give way until safe to proceed" (1) as she did not know what was behind the 4WD out of sight, which was unfortunately you.

    i dont know if careless driving would also play into this, but as others have said, write a letter to someone above the officer who dealt with your accident, make sure u get a copy of it, and send it off. if nothing is responded to, go in their personally. i'd want something done about it too, to be honest.