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Knobhead opens door on me to prove a point

Discussion in 'Your Near Misses - A Place to Vent' at netrider.net.au started by TRA, Aug 19, 2010.

  1. Not really a near miss. not even close.

    I was filtering slowly between 2 lanes of stationary traffic when some knobhead decided to open the door on me to make his point. Red car, might have been a EL falcon. Sandgate Road Virgina, in QLD. I just called him a f**kwit and kept filtering. Those idiots are just jealous because they are stuck in traffic and we are moving. They should be grateful that we are not further congesting the road.

    Shame I did not have the gopro on. Might start using that everyday now.


     
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  2. is that illegal?
    so like if you filmed it, you could report it to... someone..
     
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  3. not film it to report it to cops, film it to report it here!
     
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  4. Sometimes drivers do things that are just so dumassed, that all you can do, is just move on, like nothing happened - after a few words, of course :)...It never ceases to amaze me...

    John. (careful with the gopro mate...some idiot in the traffic might take it out.)
     
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  5. Thats a busy road and you would be jealous if you could'nt filter.but opening a door he is a fcukwit.
     
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  6. It is illegal to open your car door into the path of oncoming traffic. And if the traffic was stationary then (depending on your state) it isn't illegal to overtake on the left 'provided it is safe to do so'. (Australian Road Safety Rule 141 c)
     
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  7. I have been researching the filtering thing hard. In queensland, you get done for 'failing to drive in a marked lane'. I was thinking that perhaps you could argue this on a technicality, ie really you are either riding in the left or right lane. However marked lane includes broken white lines, and the magistrate is supposed to interpret the law as how it was intended. The more I think about it, the more I think you would have not much chance of beating it. I have tried searching for previous cases, but cant find anything. Still, I shall keep researching the topic. Helps increase my knowledge of the justice system before I start my law degree next year :)
     
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  8. Are you allowed to overtake another vehicle in the same lane in Queensland?
     
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  9. keep that research going,a good defence would be useful............
     
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  10. only bikes/mopeds
    EDIT: actually, having said that, i'm not sure you can't overtake in the same lane, but bikes are allowed to travel side-by-side
     
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  11. I dont think this is explicitly stated in the legislation, but I would have to double check.
     
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  12. thanks for that zenali.
    i'd always wondered.
    i've had the odd suprise with doors opening mid filter, tradie adjusting a load or similar.
    if i ever get caught out by it, now i know i'm not at fault.
    btw, do you think i'm pretty?... because i think you're kinda hot.
     
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  13. I am not sure that would be the case in Queensland. The fact that you are probably breaking the law by lanesplitting puts you at fault..

    I am going to start a new thread on filtering. The idea not to be a 'is it legal to do' thread but rather to get people reading the legislation and maybe forming a general consencus on weather it may be worthwile testing in court. The more I read the legislation, the more I think filtering is actually illegal by the virtue of the fact that you are actually breaking other laws in the process. I now am beginning to think that it would not be worth appealing the descision.
     
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  14. BTW, new thread on filtering will be a while coming. I am currently gathering a whole bunch of legislation and one or 2 bits of case law to explain my line of thinking.
     
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  15. Rather than starting yet another filtering thread
    SEARCH in the politics and law forum under the stickies.
    There are countless and countless and countless threads regarding filtering and splitting.
    Please don't rehash stuff unless you have something extremely new and unique.
     
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  16. What are you looking for precisely? ADRs or traffic law by state?

    Despite the many assertions on this site, ADRs are framework legislation and it is up to individual states whether or not to adopt it by concesus or unilaterally.

    Do you have access to Casebase or Thomson online? It'll make the job a shitload easier if you are looking for cases.
     
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  17. No, dont have casebase or thomson. I am not a lawyer or student yet (next year). However I do have some cases that I would like to refer to, mainly to point out how magistrates form descisions on statute..

    I will be refering to QLD legislation, which is based on the Australia Road Rules, so it may have some validity in other states who adopt the Australian Road Rules (such as Vic and NSW).
     
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  18. I think you mean ARR's.(Australian Road Rules) - ADRs are Australian Design Rules.
     
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  19. I'm acronym dyslexic. Thaks for drawing attention to my disability, not cool :rofl:
     
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