Who has right of way when overtaking parked vehicles?

Discussion in 'Cars, Bikes 'n AFVs' started by Excognito, May 22, 2010.

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  1. Silly question, I know, but who has right of way in the following circumstance:

    Ground: Straight, single carriage-way road in village terminating in a T-junction. Starting at about 20 yds from T-junction, 12 cars parked on one side (call it 'left') of road. Side road (on 'right') about 4th parked car down from T-junction ; HGV parked in side road. One gap in parked cars, at about 10th car from T-junction.

    Situation: Car going to T-junction approached first of the parked cars, driver notes no cars approaching on 'right' hand side, so overtakes parked vehicles. When driver reaches ~6th car, a 4x4 turns into the road from the T-junction. 4x4 stops just before the first of the parked cars, waits about 3 seconds then starts to proceed, by which time the original car is level with the 4th parked car. Driver 2 gets out of 4x4 and launches into harangue about having right of way and states driver 1 should back up. Driver 1 states that they were already committed to the overtake and nearly at the end, driver 2 should have seen this and, as they did not have a clear route, should have waited. Driver 2 continues harangue. Driver 1 turns off engine and makes it clear that they aren't moving. Driver 2 reluctantly backs up and lets Driver 1 pass.

    Mission: Determine:
    Who had right of way?
    What was the courteous thing to have done?
  2. Answer: If approaching a vehicle already committed to a hazard the other driver is to relent to that vehicle. It can be deemed an offence to cause another vehicle to stop or swerve. Ironically the vehicles that are parked are also in the wrong, if memory serves correctly 10 metres from a junction is a clear way.

    Also if the 4x4 has to reverse back onto main road from a minor road that is also an offence. If you can prove the 4x4 had vision into the road he was about to enter, driving without due care and attention.

    DS answer, be polite and try and make arrangements for both vehicles to pass safely.

    Gene hunt answer: punch their lights out.

    now waiting to be corrected:)
  3. Says Rear with drink in hand.

    Still trying to work out your scenerio but the crux of the matter is if the parked cars are on your side of the road you have no right of way. You can proceed to overtake parked vehicles if there is no traffic coming in the opposite direction. If you have committed yourself because it is clear and then a driver comes towards you they should give you the courtesy of clearing those parked cars unless there is a significant gap between the parked cars in front of you so you can pull in and let the driver coming towards you pass.

    If there are parked cars on both sides of the road...well it becomes a stalmate, but I would say whoever has to reverse the least should do so.

    Just read that back...hope you can understand it.
  4. Gremlin

    Gremlin LE Good Egg (charities)

    Spot on, and more to the point they can be cited in any insurance claim had there been a collision.

    At least that's what the ADI instructed on an 'I don't want three points on my licence' course!

    Caveat: The Gene Hunt method is to be avoided if:

    a) The other party is driving a Discovery
    b) You are on a roundabout over the M25 in Kent
    c) The other party is armed with a knife
    d) The other party has recently liberated a large amount of gold bullion
  5. That's what I thought might be the case. The 4x4 had plenty of room to stop and let the 1st car pass without reversing back onto the main road. I suspect the 4x4 driver may have thought that their vehicle was sufficiently large to intimidate the 1st driver into backing up.

    In this instance, the Gene Hunt answer would probably have been to tell the 4x4 driver to get back to the kitchen where she belonged and leave the driving to the men.
  6. Usually anything a 4x4 does is wrong...it's a "I'm bigger than you so cowl" scenerio. I'm prejudiced I'm afraid.
  7. Driver 1 had committed to the overtake well before Driver 2 (4x4) turned into the road.
  8. Yes I agree Driver 2 should have stopped and let Driver 1 complete his overtaking - that would have been the courteous thing to do.
  9. You've made my eyes bleed. Get a fcuking life.
  10. Oh, goodie! :D

    OK. I'll just hang around, vulture-like, until you've bled out and take yours. Dunno what I'd do with such a travesty, though. Put it on the mantlepiece? Hang it on the wall? Feed it to the cat?

    On the off-chance you meant that I should take the adjective literally, [smug]I already have :twisted: [/smug]
  11. This appears to be an increasingly common type of scenario. Courtesy on the roads is dead and buried and many drivers seem completely unaware of the law.

    Only recently, I was involved in a scenario where I clearly had right of way but a car driver thought that, as I was on a bike, he would attempt to intimidate me. End result, one happy biker and one slightly dented car. car driver with no legal recourse as he was 100% in the wrong.
  12. Here is a DS solution:

    The Highway Code
  13. I have just spotted the problem! :lol:

  14. We must live in the same area. I meet this problem at least three times a day (less the belligerent switching off of engines) on the school run. I'm pretty well versed on traffic law and the Highway Code, but more often than not I'll pretty much let the other car crack on when they don't have the right of way. I'm never usually in much of a rush anyway. Sometimes however (and increasingly) I don't get the choice as they've made their mind up that they're having it anyway. There's no point in arguing with the ignorant f*ckers as, inside their tin box, they feel safe enough to push through, viewing the whole thing as a 'battle' won as far as the small minded c*nts are concerned. I sit pretty much higher up than my 'opponents' and as they pass me (avoiding all eye contact whilst maintaining a smug and victorious expression). I gob on the roof of their car. My wife (on the odd occasion she accompanies me) goes f*cking mental at this, but it amuses me and the kids. I'll be setting off to collect the brats at around 1430hrs today. From experience I know that I will encounter some arrogant tosser in a moderately priced Japanese car who will force the issue. As always, I will allow them to proceed, whilst I hack up a good one and launch it onto their roof as they pass. Small minded, I know. But I couldn't care less.
  15. Wouldn't a more relaxed gun law make all these right of way discussions less complicated.