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Does having right of way mean you can stop looking?

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yambabe
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PostPosted: 19:29 - 20 Mar 2007    Post subject: Does having right of way mean you can stop looking? Reply with quote

Confused Had a "moment" on the way home from work tonight, that involved another chap on a bike (I was in the car). I've done a very crap Paint pic to show you the road layout and vehicle positins but basically coming out of work I turn right from a minor road into a major, and there is another minor junction just across the road from mine but staggered a bit.

So, I am turning right out of my junction and there is another car turning right out of the junction across the road. There are vehicles approaching along the main road but it's a 30 limit and they are a good way off.

We both pull out at the same time, and have to sort of manouvre round each other instead of pulling straight away, which slows us down a bit. Clearly visible to those approaching.

Mr Van who is approaching in my lane slows down a bit and kind of falls in behind me, no problems there. Mr Bike however (who was further away as we both pulled out) does not appear to alter his speed at all and has to slam on at the last second (hard enough to do a little stoppie, I was quite impressed he stayed upright) and stops literally inches from the bumper of the other car. He then proceeds to angrily berate the car driver with much waving of arms, shouting and rude gestures, before carrying on his way.

Now IMO we were both OK to make the turn as the approaching traffic was a good distance away, we both may have "got away" a bit quicker if we hadn't had to manouvre round each other but there should have been plenty of time for the approaching traffic to see what we were doing and adjust their speed accordingly. The van driver managed it!

Much as I sympathised with the rider from a biker point of view that he had a really close call, I feel that it was his own fault for not looking ahead and seeing what was going on. If you waited for a completely clear road before pulling out of those junctions you would never actually go anywhere!

What do you reckon?
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G
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PostPosted: 19:37 - 20 Mar 2007    Post subject: Re: Does having right of way mean you can stop looking? Reply with quote

He probably was going too fast and probably didn't see.
But then traffic turning into the road should be judging the speed of oncoming traffic and only pulling out if it's safe to do so without interrupting the oncoming traffic, I believe.
If it was me on the bike, I may well have seen the car about to get in my way and left breaking late (if it was good conditions etc), then redlined the bike a bit to point out they shouldn't be there Smile.

Had a great one filtering through traffic after a Reading football match (my gym is just down the road from the stadium). See drunk people stumbling through traffic as I'm approaching on my bike.
I leave the braking quite late and as I come to a stop pull the clutch in and bounce it off the rev limiter.
Really droke bloke almost shits himself, while his mates either side both try and go different ways, spinning the really drunk one they are supporting around to face the other, still standing in my way.
I was suitably amused. Hopefully they may look next time.
(Awaits flaming for oh so dangerous actions.)
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St0rmer66
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PostPosted: 19:51 - 20 Mar 2007    Post subject: Reply with quote

If you'd done a nearside to nearside turn instead you wouldn't have had that problem Razz .

But yes, the biker was just not paying enough attention by the looks of it. Strange for a white van man to be paying more attention than a biker!
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sagalout
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PostPosted: 20:06 - 20 Mar 2007    Post subject: Reply with quote

Sounds like the biker wasnt paying that much attention and braked at the last minute, but at the same time you shouldn't carry out a manouvre that causes other road users to have to brake. Put it this way it would be classed as a major on a test.
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Resurrection
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PostPosted: 20:35 - 20 Mar 2007    Post subject: Reply with quote

If you are already in the road either waiting to turn or in the middle of turning surely you have right of way if traffic was clear?

Res
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Jull
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PostPosted: 20:38 - 20 Mar 2007    Post subject: Reply with quote

Always check even if you've got right of way. There's just too many idiots about not to Sad
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Finglonga
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PostPosted: 20:39 - 20 Mar 2007    Post subject: Reply with quote

Depends on the type of person the biker was. He could be awful at forward observation (as said already) and just didnt see the car untill the last min'. Alot (in this area anyway) only look a couple of feet in front of their front wheel, an accident waiting to happen.

He could be one of these that looks for trouble and did it on purpose to try to prove a point badly. Rolling Eyes
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Louise
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PostPosted: 20:40 - 20 Mar 2007    Post subject: Reply with quote

Biker was at fault IMO - If the van was breaking, then the Biker should of seen this and act accordling. Thumbs Up
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Ariel Badger
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PostPosted: 20:42 - 20 Mar 2007    Post subject: Reply with quote

Bike may have very well been looking out for fictional fuel spills rather than looking at the road.
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skida
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PostPosted: 20:52 - 20 Mar 2007    Post subject: Reply with quote

St0rmer66 wrote:
Strange for a white van man to be paying more attention than a biker!


Not really: The bigger the vehicle, the further ahead you have to plan.

skida
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skida
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PostPosted: 20:57 - 20 Mar 2007    Post subject: Reply with quote

In answer to Yam:

Technically, if you pull on to a major road and cause another vehicle to have to brake, you shouldn't have pulled out. In real life though, the other vehicles should have exercised commom courtesy and slowed down to allow you to proceed. After all, what would that add to their journey time? 15 seconds, maybe?
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BFG
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PostPosted: 21:01 - 20 Mar 2007    Post subject: Reply with quote

G wrote:
traffic turning into the road should be judging the speed of oncoming traffic and only pulling out if it's safe to do so without interrupting the oncoming traffic


Spot on. Pulling onto a main road, it's potentially (though unlikely) driving without due care and attention for both car drivers.
Quote:
148: The approach to a junction may have a 'Give Way' sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
Laws RTA 1988 sect 36 & TSRGD regs 10(1), reg 16(1) & 25


The obligation for attention on both car drivers was to the road users on the main road. Instead they were concentrating on each other.

Happens a lot. Not really a big deal IMHO Smile
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Shaun
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PostPosted: 21:20 - 20 Mar 2007    Post subject: Reply with quote

I never look if I have the right of way, that way I get a new bike when someone gets in my way. Very Happy
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dew
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PostPosted: 08:16 - 21 Mar 2007    Post subject: Reply with quote

Quote:

traffic turning into the road should be judging the speed of oncoming traffic and only pulling out if it's safe to do so without interrupting the oncoming traffic


Spot on. Pulling onto a main road, it's potentially (though unlikely) driving without due care and attention for both car drivers.

Shouldn't they be driving at 30mph as well? Rolling Eyes or may be 30 + 10% + 2 = 35mph limit Twisted Evil
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Johnny GSX-R
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PostPosted: 10:36 - 21 Mar 2007    Post subject: Reply with quote

The bike had right of way, even if he was exceeding the speed limit. If the car has pulled out and caused him to brake such as described then I think the driver should visit 'Spec Savers'.

I agree that a nearside to nearside manouvre would have been favourable in this instance, although it would not have gone down well on a test.

It is the responsibility of the driver joining the main road to make sure they enter safely.
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map
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PostPosted: 11:38 - 21 Mar 2007    Post subject: Reply with quote

dew wrote:
...driving at 30mph as well? Rolling Eyes or may be 30 + 10% + 2 = 35mph limit Twisted Evil

Common mistake that with the 2mph addition.
What you get is the value at which the scameras/detectors/etc. are triggered. Therefore the maximum in a 30mph limit is 34mph, following ACPO guidelines of course.

However, be aware that some scameras are operated by councils who farm it out to 3rd party contractors (think Telford is an example, unless it's changed Confused). As not covered by ACPO these can set off the trigger dead on the legal limit and not allow any tolerance for your speedo.

On topic, as said a failure on a test. In real life a lack of observation, both for the car (if bike approaching too fast) and for the biker (30mph limit with junctions, so likely to expect cars pullng out).

HTH Thumbs Up
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FreshAL
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PostPosted: 11:52 - 21 Mar 2007    Post subject: Re: Does having right of way mean you can stop looking? Reply with quote

babyyam wrote:
There are vehicles approaching along the main road but it's a 30 limit and they are a good way off.


You're heading home, so I guess it's dusk and the bike has it's light on?

It's possible the bike was a lot closer/going a lot faster than either you or the other driver realised.

It's very difficult to judge the speed and distance of something narrow heading directly towards you.

https://www.survivalskills.clara.net/riding_skills_47.htm
Quote:
Well, if an object is heading straight at you, it's very difficult - switch to sport for a moment. If you've ever tried to make the high steepling catch where the batsman has hit the ball straight up, you'll know that it's not that easy to judge the catch as it comes down again - even the best players make a mess of it. You have to use an estimate of distance based on what your experience tells you about the apparent size of the object, then use the rate of change of the size of that object to determine what speed you think it's approaching at, and when you need to cushion the catch.

By contrast a straightforward lob to the boundary is relatively easy to catch even if you have to run to meet it because we use the movement of the ball across the background to give us an extra angle to calculate where it is in 3D.

The driver sitting looking at a bike heading towards him is in the motoring equivalent of that up-and-down catch. At the high closing speeds possible on a motorcycle, it becomes almost impossible to judge distance, speed and time at all accurately.
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st3v3
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PostPosted: 12:06 - 21 Mar 2007    Post subject: Reply with quote

i think from the pic, the biker has priority as he's on the main road, and vehicles pulling out from side road etc, give way to vehicles on the main road, this is what i got told at car my test Thumbs Up
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EuropeanNC30R...
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PostPosted: 12:22 - 21 Mar 2007    Post subject: Reply with quote

Like Jonny said, if the van caused the biker to brake hard enough to pull an accidental stoppie it shouldn't have pulled out.

I have one of these sets of junctions by my house and while in the rush hour it isn't realistic not to expect someone on the main road to ease off and slow down a bit while you pull out, it's out of order expecting them to slam on.
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shorty
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PostPosted: 12:44 - 21 Mar 2007    Post subject: Reply with quote

Doesn't matter how much you are in the right or whose right of way it is when you are in the back of an ambulance!

Bikers fault IMO, if the van had time to adjust his speed without slamming on the anchors then the biker should have been able to.

Shorty
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skida
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PostPosted: 16:47 - 21 Mar 2007    Post subject: Reply with quote

Shaun wrote:
I never look if I have the right of way, that way I get a new bike when someone gets in my way. Very Happy


I hope you are never in a position to claim for a brand new wheelchair Rolling Eyes
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Kal
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PostPosted: 15:42 - 22 Mar 2007    Post subject: Reply with quote

I'm with Shorty on this. No matter what is happening that is or is not legal, regardless of right of way, the only person responsible for my safety on the Bike is me. The person who is going to suffer most is me.*

From the sounds of it the Bike either wan't paying enough attention to where he was going - and pretty much evreyone has done that from time to time - or he assumed that the pair of you were going to boot it and be clear by the time he got there which kind of justifies the whole Hazard Awareness thing.


*Especially when the girlfriend finds out I've seriously hurt myself.
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Kickstart
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PostPosted: 21:49 - 22 Mar 2007    Post subject: Reply with quote

Hi

Rider probably should have spotted the situation and compensated. However think that pulling out and causing another vehicle to take avoiding action (such as braking) is classified as driving without due care and attention.

All the best

Keith
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colin1
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PostPosted: 22:27 - 22 Mar 2007    Post subject: Reply with quote

its exactly this sort of driving that annoys me

people who pull out into oncoming traffic, expecting them to slow down

on the rare occasion i have done this myself, i have felt accutely embarassed at my error, and grateful that the road users i pulled out in front of, were awake enough to break rather than go into the back of me

yes maybe the biker could have avoided the situation by breaking early, but why should he have to ?

many years ago, i drove a car, and pulled out in front of a biker, not realising the speed he was going, and how near he was and he had to brake and overtake. As he went past, he made it clear what he thought of me, and he was right.

Im amazed that someone could think that it was the bikers own fault, when someone has pulled out in front of him causing him to brake.

My driving instructor would have given me a severe ticking off if I had done that, so who on earth taught some of you lot ?

Makes me wonder if we should have compulsory retests for car drivers, as for HGV drivers.
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Rookie
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PostPosted: 23:06 - 22 Mar 2007    Post subject: Reply with quote

That's all well and good Colin, but it's not particularly practical in a city enviroment. Try leaving a 2 second gap in London, you'd have a wonderful time! Sometimes you have to force your way into traffic in order to make progress.

Whilst the bike theoretically shouldn't have had to brake at all, realistically he should have been prepared to, instead of having to perform an emergency stop.
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