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no through road...or not?

Discussion in 'Politics, Laws, Government & Insurance' started by bikeboy, Feb 22, 2007.

  1. I tried to search for previous posts, but found nothing so here goes...

    For as long as I can remember, I've been taking a short-cut between two aligned streets at home:


    Tonight a 'Joe Public' stops me outside his place and insists that his end of the street is sign-posted as a No Through Road, and I should cease my behaviour immediately.

    I point out to him my end of the road has no such signage (because it's not a dead-end), and that their is a path through their that other traffic uses-including the postie on his bike. He (says) he has spoken to the owners of the adjoining properties, and they're also of the same feeling-which contradicts my encounters with them when I've spoken and nodded to them on occasion. They even trimmed some overhanging branches after they saw me ducking under them one night!

    I was wondering just what the status of the No Through Road sign is, and if their is clearly a path for bicycles and pedestrians (and posties) to use (note in the photo there are no footpaths as such in either street), am I able to also use this access on my bike?

    Any thoughts?

  2. I take it that it's a foot path or similar? If you crawl through there when there is no pedestrian traffic (it look like it would be really busy :)) then what on earth could the neighbour's problem be?
  3. It's just a 'track' worn in the nature strip by foot-traffic, bicycles, and the postie. I always go through at walking pace being mindful of pedestrians (haven't encountered one yet!), so speed certainly isn't an issue. I have no idea of what his beef is other than "It's a No Through Road".

    If there's a legal requirement that prevents me from using it, I'll stop. Heck, I may even stop if there's no requirement just to keep the peace. But I'd rather do it on my terms than to let this Neanderthal think he's put one over on me.

  4. If there is no sign clearly saying NO THROUGH ROAD, then it's isn't legally no through road. Even if the neighbour complains to the police or the council, they've got better things to do with their time than to investigate such a petty matter....
    {There are hundreds of such truncated streets around Sydney, and the blockage is routinely ignored by all except cars, who can't, of course, get through small gaps.....}
  5. Well in that case he may have a point if they're trying to 'repair' the nature strip. You're hardly the only culprit in this case though. Why not try to convince them/council to formalise the path with gravel etc?
  6. The point of a no through road sign is to let people know. So if you can get through and its more convenient without harming anyone, no reason not to. Hell today on the way home I went up the sidewalk to skip some traffic and I didn't slow anyone down or put anyone at risk.
  7. Yeah, that's the way I've always considered it too. They're more an advisory sign than an obstruction.

    I'm going to trawl Vicroads to see if I can find anything, but I thought this may have been covered before.

    dj: I don't think the naturestrip repair defence is applicable in this instance, because no other attempt has been made to restrict either pedestrian, bicycles, or the postie?

  8. In my little part of suburbia there a two very-through streets that are marked No Through at the end of each of them. Don't know what the council workers were smoking that day.

    I don't know your area, but check your refidex and see if the road is actually slated to be totally through. Again in my area there's another road that leads to a dead end due to a creek and 'continues' on the other side, but they just haven't completed the road yet, and in the refidex it says straight-through.
  9. I think your pedant neighbour is failing to understand the difference between "No Through Road" and "No Entry". As has been previously posted, "No Through Road" is merely an advisory sign to warn people they can't physically get through, as opposed to not legally being able to get through. If you're riding sensibly through there & not endangering pedestrians etc then tell him to stop being a twat and find something more important to worry about.
  10. Just watch for things like these.
  11. Dear Concerned Neighbour,

    I understand your apprehension at the alarming volume of traffic travelling past your house [1 motorcycle], and would like to assure you that I am doing my best to adhere to the laws of our fine suburb.
    In this instance, a no-through road sign serves to advise traffic that the road in question is not a connecting road: it does NOT in fact prohibit entry or use by registered motor vehicles.

    I trust this assuages your concern, and puts the matter to rest.

    If at all you feel this is not fair, please consult our local council and get back to me in writing at this PO BOX ______

    Of course, if you feel really strongly about it and put up some wire or something equally as silly to harm me or any other motorcyclist: I'll burn your ****ing house to the ground.

    Have a lovely afternoon!

    Yours sincerely:

    Friendly Neighbourhood Bikie.
  12. I think legally, you're in the wrong - not because of "no through road" sign, but because road vehicles are supposed to stay on the roads, not ride on other parts of the street such as footpaths or nature strips.
    Posties are specifically exempt from this rule.
  13. If you're riding on the nature strip then you're riding illegally.
    (I'm pretty sure posies are specifically exempted from this for their jobs)

    Having said that - tell the guy to stuff it. I'd be doing exactly what you are.
    As long as you're doing it at a reasonable speed and not endangering anyone.
  14. Yeah, that's sort of how I see it too. It's one of those 'tolerated' grey areas like parking on footpaths. While we are allowed to park there, we're not supposed to ride the bike there.

    I realise posties have exemptions (provided they stay below a certain speed), but it does give me some leverage in that if they try to do something stupid like blocking access, the posties are gonna get pissed-off. And you don't wanna piss off a postie :wink:

    thanks guys. I might have a quiet word to the local copper (who is just around the corner!) for the 'official' line, and be guided by what he has to say.

  15. No, apparently not. Just found this in the road rules:

    that's me. I qualify for that.

    and "road related area" is defined as:
    and the route I take is covered by this.

    so now that's sorted, I just need to determine the status of the No Through Road sign ie. is it just an advisory sign as many of you have suggested?

    Not listed in the Road Sign section :?

  16. Now if the intent is to pisss off another disgruntled Joe Pubic (and let's be honest .. it good fun and passes the time) just use Victoria's fantastic parking rules and park your bike there .. he can't do shit cause it's legal... :LOL:
  17. and not only that, bit gerberas, and geraniums, too! :p

    If it's not a road (or in Victoria, a footpath) you can't go on it. Sorry.
    Can you go around on the footpath?
  18. No, it seems this is not the case. Our posts probably crossed, but I found a definitive ruling on this this morning.

  19. I like your thinking but if you were right it would be perfectly fine for any car, bike, bus or road train to cut across any obstacle in their path, malls, parks, footpaths... anything, because hey - it is the shortest way to where they are going!

    It would be nice... but clearly this isn't how things work, so there must be a catch somewhere. For example, you know what is NOT a 'road related area'? ANOTHER ROAD! You are not entering any road related areas - what you are doing is just cutting through from one road to another, across an area designated for pedestrians.
  20. Is it a gap in the street or is it the end of two separately named streets linked by a park/walkway?? Is there are marked path or just a well beaten track from people traffic??

    Either way motorcycles have to obey normal road laws which mean if you have to leave the normal roadway to use the short cut then you are in fact breaking the law.

    If it's a nature strip then you cant use it, if it's a park you cant use it either. These gaps are thee to allow foot traffic to commute through the estate and avoid the main roads, you usually find these estates dont have footpaths either which is another can of worms.

    The Postie is exempt from normal riding on footpath laws while actually delivering mail so would get away with the short cut but you, as a normal road user, would not.