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Is this legal?

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starkey
Derestricted Danger



Joined: 25 Jul 2012
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PostPosted: 21:11 - 14 Nov 2016    Post subject: Is this legal? Reply with quote

I was recently t-boned by a car coming out of this pub cutting across the lane turning right.

I'm just wondering if this is legal due to the solid white lines? There is signs on the other side of the road to say not to turn right into the pub.

Any help appreciated Thumbs Up

https://i.imgur.com/9wolzDw.jpg?1
https://i.imgur.com/7h1LNUR.jpg?1
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Pete.
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PostPosted: 21:15 - 14 Nov 2016    Post subject: Reply with quote

Legal yes. What's the problem exactly, if he pulled across your path surely there's not much problem with liability?
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Doink
Nitrous Nuisance



Joined: 20 May 2016
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PostPosted: 21:16 - 14 Nov 2016    Post subject: Reply with quote

Well you're not supposed to cross solid white lines are you?
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Nobby the Bastard
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Joined: 16 Aug 2013
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PostPosted: 21:19 - 14 Nov 2016    Post subject: Reply with quote

Doink wrote:
Well you're not supposed to cross solid white lines are you?


You can, but only in certain circumstances. It isn't a blanket ban.
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M.C
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PostPosted: 21:20 - 14 Nov 2016    Post subject: Reply with quote

Only one person can settle this...
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Doink
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Joined: 20 May 2016
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PostPosted: 21:22 - 14 Nov 2016    Post subject: Reply with quote

Nobby the Bastard wrote:
Doink wrote:
Well you're not supposed to cross solid white lines are you?


You can, but only in certain circumstances. It isn't a blanket ban.


Would departing from a pub be one of those circumstances?

Very Happy
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 21:24 - 14 Nov 2016    Post subject: Reply with quote

Hi

Highway code rule 129:-

Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.

So on that not illegal (except that they seem to have done it when not safe).

All the best

Katy
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Mark_F
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Joined: 22 Jul 2013
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PostPosted: 21:24 - 14 Nov 2016    Post subject: Reply with quote

Scratch it, looked again and got it wrong...
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 21:29 - 14 Nov 2016    Post subject: Reply with quote

Google Street View link cos OP hasn't provided one: https://www.google.co.uk/maps/@51.017692,-3.0603095,3a,75y,95.77h,83.34t/data=!3m6!1e1!3m4!1sPv59gC_quZNqXOJUdGskZQ!2e0!7i13312!8i6656

I see nothing wrong with turning right out of the pub but if they pulled out in front of you then that's their fault unless there are any other relevant details?
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 21:38 - 14 Nov 2016    Post subject: Reply with quote

If we're scruitinising road markings. Those aren't proper give-way markings on the carpark junction. Should be a double row of dashed lines on the exit side.

So techincally it was an unmarked junction.

Just saying.
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starkey
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PostPosted: 21:42 - 14 Nov 2016    Post subject: Reply with quote

Basically third party aren't admitting liability until the police release the report/cctv. They're also claiming they have a witness to say it was my fault (when there was no witnesses on the scene)!
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Pete.
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PostPosted: 21:59 - 14 Nov 2016    Post subject: Reply with quote

If he admits pulling out of the pub on to the road and you were travelling on that road I can't see how he could be anything but liable TBH.
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Mawsley
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Joined: 07 Apr 2016
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PostPosted: 22:06 - 14 Nov 2016    Post subject: Reply with quote

starkey wrote:
Basically third party aren't admitting liability until the police release the report/cctv. They're also claiming they have a witness to say it was my fault (when there was no witnesses on the scene)!

Because you left the pub at the same time and went to fly round him but he went straight over?
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Mark_F
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Joined: 22 Jul 2013
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PostPosted: 22:33 - 14 Nov 2016    Post subject: Reply with quote

We're all assuming we have a clue where you were and what direction you were heading in...

Did you get onto the A358 from the park and ride? (not that it should make much difference, but it might give us a clue what the other side is thinking).
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Dave70
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PostPosted: 23:52 - 14 Nov 2016    Post subject: Reply with quote

I bet it was raining, wasn't it.
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Rogerborg
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PostPosted: 10:19 - 15 Nov 2016    Post subject: Reply with quote

Dave70 wrote:
I bet it was raining, wasn't it.

Was the road ahead not clear?

https://www.legislation.gov.uk/uksi/2016/362/schedule/9/part/7/paragraph/9/made

The actual prohibition is this:

"every vehicle proceeding on any length of road along which the [solid white line] marking has been so placed, as viewed in the direction of travel of the vehicle, a continuous line is on the left of a broken line or of another continuous line, must be so driven as to keep the first-mentioned continuous line on the right hand or off side of the vehicle."

That's it. If you're driving across the carriageway, you can't be travelling along it. Criminal offences don't generally get created by the argument "yeahbut, what the legislation meant to say was..."

Similarly, moving right-to-left across double-white. There was an infamous case where a driver was rage-pursued by plainclothes Dibble in an unmarked car for moving right-to-left in the Clyde tunnel. They later decided to fit him up for that he'd committed careless driving instead by causing them to brake, a claim unsupported by the CCTV evidence. He was not prosecuted for the white line "offence".
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dydey90
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PostPosted: 14:25 - 15 Nov 2016    Post subject: Reply with quote

starkey wrote:
Basically third party aren't admitting liability until the police release the report/cctv. They're also claiming they have a witness to say it was my fault (when there was no witnesses on the scene)!


His mate Keith was just looking out of the window to wave goodbye when all of a sudden, you came flying down the road at speeds approaching Mach 1, on the back wheel, shouting "all coppers are bastards" while windmilling your scrotum in the general direction of the pub.

I honestly don't see how you'll get out of that one.
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Wonko The Sane
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PostPosted: 16:48 - 15 Nov 2016    Post subject: Reply with quote

Doink wrote:
Well you're not supposed to cross solid white lines are you?


In Spain, you can't turn across the double line into a side road / driveway

In the UK you can, they simply mean you can not cross them to overtake.

Someone has decided that turning right into the pub is a bad idea (queuing traffic on the DC) since there's a roundabout only a few meters ahead anyway which is why the no right turn is present.

which way were you traveling? towards the roundabout (pub on right) or away from the 'bout with pub on left?
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