Right of way past parked cars?

Weird_Nev

You have to be very careful with the phrase "right of way". It doesn't actually appear anywhere in the highway code Except in the phrase: "The rules in The Highway Code do not give you the right of way in any circumstance, but they advise you when you should give way to others". If you are thinking in terms or right of way (i.e. it is my right of way! They are in the wrong!) then you are headed towards an accident.

You must "give way" in certain circumstances, but "giving way" does not confer a "right of way" on the other vehicle.

If you are approaching parked cars on your side of the road, you must give way to oncoming drivers. Proceed when the way is clear. Simple.

andygb

1886 wrote: »

I drive for a living and every so often we each have to go on an assessment drive with an advanced driving instructor. One of them told me that nobody has right of way when there's parked cars on a road, he also said that it's not enforceable by law if you don't give way to your right at a roundabout..

The way I drive is that if I'm going down a street and there's a parked car on my side of the road and a car coming then I stop unless I have time to get out and back in. If there's a car parked on the other side of the road I expect the other car to stop, my ADI said that you should never expect the other vehicle to stop even if the vehicle is on their side, you don't have right of way..

clear as mud

Your ADI is wrong.
As for not giving way to traffic when entering a RB, just try that when you are being followed by a police car, and if you have an accident, you will be 100% liable.

terryw

andygb wrote: »

Your ADI is wrong.
As for not giving way to traffic when entering a RB, just try that when you are being followed by a police car, and if you have an accident, you will be 100% liable.

Agree wholeheartedly about the roundabout, but regarding:


"One of them told me that nobody has right of way when there's parked cars on a road, "

please see post 32 above from Weird Nev quoting the Highway code. Nobody has a "right of way".

Strider590

terryw wrote: »

please see post 32 above from Weird Nev quoting the Highway code. Nobody has a "right of way".

"Priority" is the more appropriate word.
"Right of way" does indeed suggest some god given right to do whatever the **** one likes.

fivetide

Tilt wrote: »

Yeah but the issue is that if you have a line of parked cars on 'your' side of the road and you begin to pass them when initially there is no oncoming traffic, what happens when oncoming traffic proceeds through the 'obstruction' putting you on a collision course?

.

Happens a lot near us as the yellow lines run right down to a t junction at the end of the road.

You can start over taking the line of 8 cars blocking your side and then, half way down with no room to pull in, someone can come round the corner and simply not stop to let you get clear.

Actually had a white van man rush to block the road just so he could shout and rant about his right of way despite me having overtaken nearly all the cars, not been speeding and the road being clear when i set off down the line.

ILW

Tilt wrote: »

I'm finding this difficult to believe.

If he was already passing the stationary vehicles before a car coming from the other direction had started to come through (and presumably seen your brother's car), how on earth can your brother be at fault? Unless of course he didn't stop prior to meeting/colliding with the other car, I cannot see how he could be at fault.

Also, I find it strange that two drivers on a potential collision course, would not stop before the actual collision.

More to this than meets the eye IMHO.

Because he should have waited behind the obstacle until his path was clear. Simple really

Tilt

moneyspendexpert wrote: »

the cars would have to be driven onto the pavement and are illegally parked on the pavement causing an obstruction to other road users.

Well of course they are but that doesn't solve the issue being discussed does it?

Tilt

ILW wrote: »

Because he should have waited behind the obstacle until his path was clear. Simple really

Even if when he started to pass the 'obstacle', there was nothing visible coming the other way? Are you supposed to have psychic powers then before deciding to pass a line of parked cars? :cool:

Throbbe

1886 wrote: »

he also said that it's not enforceable by law if you don't give way to your right at a roundabout..

He's actually right there. Traffic Signs Regulations and General Directions - Regulation 25 applies to 'standard' give way markings (Diagram 1003), but NOT to Diagram 1003.1 which is the roundabout give way or Diagram 1003.3 at mini-roundabouts. In highway code terms roundabouts are a 'should' not a 'must' give way. Note that in some cases enforcible Diagram 1003 give way markings are provided at mini-roundabouts.

You could still be prosecuted for other driving offences for failing to give way. See the hundreds of other threads relating to enforcibility of the highway code.

This is one of those situations where knowledge is not the same as wisdom. The knowledgeable man knows that a tomato is a fruit, not a vegetable. The wise man still wouldn't put one in a fruit salad.

DaveF327

Throbbe wrote: »

Traffic Signs Regulations and General Directions - Regulation 25 applies to 'standard' give way markings (Diagram 1003), but NOT to Diagram 1003.1 which is the roundabout give way or Diagram 1003.3 at mini-roundabouts.

Sorry to throw a spanner in the works, but while you are correct about the scope of Regulation 25, you will find that Regulation 16 comes into effect that does apply to diag. 1003.3 when placed in conjunction with diag. 611.1 (the round blue mini-roundabout sign).

The requirements are:

a) A vehicle entering the junction must give priority to vehicles coming from the right at the transverse road marking shown in diagram 1003.3 associated with the sign or, if the marking is not for the time being visible, at the junction; and
(b) a vehicle proceeding through the junction must keep to the left of the white circle at the centre of the marking shown in diagram 1003.4, unless the size of the vehicle or the layout of the junction makes it impracticable to do so; and
(c) no vehicle shall proceed past the marking shown in diagram 1003.4 in a manner or at a time likely—

(i) to endanger any person, or
(ii) to cause the driver of another vehicle to change its speed or course in order to avoid an accident.

So not only is it a legal requirement to give way, but also to pass around the circle correctly. Even driving instructors get it wrong, sometimes!