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Give Way Rule

Discussion in 'Politics, Laws, Government & Insurance' started by Kurtis_Strange, Dec 4, 2005.

  1. I decided to take a walk earlier and get out of the house, was walking down my local neighbourhood street and nearly witnessed an accident...

    There's a fairly main road running through although it is a 40 km/hr zone through this particular strip, and this car is coming towards me down this road on the opposite side of the street (his left, my right), when a car just pulls out of a side street on my side of the street turning right straight into the oncoming cars path, ie both cars intend to travel south of the page and I'm working towards the top on the left hand side.

    -------- |

    The car travelling straight through tooted and the 'red' car slammed on the brakes at the last minute in the middle of the road and finally gave way.

    But whats really scary is this older guy (about 65) is walking towards me and says "did you see that" I said "yeah the guy didn't giveway"...he says "no, the red car had right of way coz there's NO GIVEWAY SIGN"???

    I couldn't believe what I was hearing, I said mate its a side street, the give way is assumed....he said "you don't know the law, if there's no give way sign you don't have to give way, so the oncoming car has to give way to its right"

    I walked off shaking my head :roll: I really hope I don't come across this guy driving while I'm on my bike :?
  2. Might not have been a sign (i.e. someone borrowed it) but I'd hazzard a guess that side street has line markings across it.

    Other than that....yes if you come to an intersection and there are no markings or signs then by default you have to give way to the right.

    In any case if it was me coming out of that side street I'd be pretty cautious about just moving out onto the larger road and risking this same incident.
  3. Its a sad sign of how bad the standard of driving is out there. People pass the test then never read the rules again, older people never even had a test.

    Failure to give way is probably the number one enemy of bikes, yet all the government does to protect us is point speed cameras :evil:
  4. If it's a T intersection, then the through road traffic has right of way. Presuming that the guy turning right onto the road is entering the through road (his road terminates at the intersection), then yeah, he has to give way.

    And yeah, you're right. The case for licence renewal accompanied by a test is pretty good, I reckon.

    And we have people out there teaching their kids how to drive, and who have very few if any qualifications, whether formal or otherwise. They pass on their bad habits, their own ignorance of the laws and their low skill levels.
  5. See page 32 of this PDF from the vicroads website.....you'd have to double check with the NSW laws though.

    Then again if it was a T interection then the side road has to give way anyone on the main road (page 34)
  6. You have to give way to the left also of course if turning right.

    Theres a frightening number of people out there who believe that they only have to give way if their car would be hit from the side. ie. if they can get the car out into the lane so they will only be rear ended its the car behinds fault (its not).
  7. this is why old people should hand in there licsense ...........before dementia sets in .
  8. Exactly. This road that the red car pulled out of is a small cul-de-sac side street which turns on to a main road, and there is in fact no give way sign or white line on the road, but to think you have right of way in that situation is crazy.

    I've just checked my street also which is a larger street that T junctions on to this main road, there's no give way sign or white line on my road either, but its a T junction.

    By this guys rational you have the right to pull out on any car coming down the main road if you are turning right and your are on its right.
  9. whichever shape of intersection and whether there were lines painted or not ... you would think that some commonsense would come into the equation somewhere .... if you see a car coming and it doesnt look as though its gonna stop or if you pull out and theres a chance you are gonna have paint scrapings all up one side of your car , wouldnt common sense tell you to maybe give way anyway ? thats the biggest problem on our roads lack of common sense
  10. The "Give way to the right" rule was canned in NSW probably 20 years ago. You MUST give way to traffic in BOTH directions, on the right and the left.
  11. No wonder there are so many accidents. This is why they need to introduce refresher courses. Still cnat believe that he actually thought he was right. :LOL: :LOL:
  12. old people :LOL:
  13. Wasn't it changed in all states to Giveway to the right unless its a terminating Junction,
    (ie T intersection) then give way to left and right.
  14. Bite your bum! ;)
    If you young folk had been taught to read, you'd see it was an older *pedestrian* who misunderstood the road rules. Driver of the red car was just another cage-driving moron.
  15. I can't believe the number of idiots that do this. You have to stay right on the ball to avoid rear ending them. I've had a couple of frights from not seeing thim till the last minute. This is a very stupid way to drive.

    Yeah it is. If you rear end them, that is likely to be the only factor taken into account. It'simpossible to prove how much space they left. You can only prove that you failed to avoid rear ending the car in front. You'd need a creditable witness to ping them for failing to give way. That's why they do it. They can say they left heaps of space then had to hit the brakes. Unless someone is willing to testify for you, you're screwed.

    It's not fair but it's life. The responsibility to be aware of these wankers and ride accordingly is ours.
  16. He he, my dad says that. And he's old too :p :p
  17. Yes if they lie then it is very hard to prove otherwise without witnesses.

    But if they do give a statement that they pulled out and didnt brake to avoid something it will be there fault.
    If it ever does happen dont tell the person they should have given way to you, say sorry even and be nice to them. Get the police to attend and take a statement, when they dont think your going to blame them they wont make up a story in their defence.

    Of course whos at fault dosnt even matter on a bike, your the one getting hurt. Avoid the situation to begin with.