Question about Pedestrians Vs cars?

Johno100

wiltsguy wrote: »

i always give way to pedestrians in this situation

Me too, but not cyclists who shouldn't be on the pavement anyway (assuming it is not a shared path).

pendragon_arther wrote: »

Usually the driver should have a clear field of vision to see if any pedestrians are approaching from any direction and should wait until the walker has passed. If they don't have a clear field of vision they are fools and are waiting for an accident to happen.

Approaching? How far away 50 yards, 100 yards? Some busy roads I have been waiting a few minutes for a gap in the traffic to pull off from the pavement/drive onto the road. As a pedestrian and driver I understand that that can sometimes be the case and have no problem with it. I usually pass to the rear of the vehicle so as not to impede the vehicle further.

prowla

The drive by my house has give way markings where it joins the pavement.

I've always been courteous and allowed pedestrians to cross anyway; the width of a pavement isn't going to stop you being able to pull out anyway.

AvadaKedavra

Ok, what about another situation. I have had cars turn off the road into their drive meaning I had to stop walking or potentially be runover, this is very frustrating.

tykesi

Well keep walking then and get run over!

You're not going to stop anyone doing this regardless of who has right of way so while it is frustrating you may need to carry on stopping and letting these people pass.

PasturesNew

I'd go by the "who was there first" rule.... I'd block the pavement if I was there first and if there was nobody closer than 30-40 yards from the area (traffic depending).

If the path were busy I'd sit in the driveway until I could spot a gap in the traffic and a gap in the pedestrians, balancing pulling out with pedestrians, being in the way, sufficient time to enter the flow of traffic in a safe manner, etc.

So it's a balance of need and courtesy.

Tobster86

Common sense dictates that you shouldn't proceed if you believe it's likely you would obstruct a pedestrian.

Manners dictate that if you proceed and unexpectedly obstruct a pedestrian, you should thank them for waiting.

audigex

Legally speaking, they have to give way to you before initiating the manoeuvre, although if they can get to the edge of the road before you get there (not complete their manoeuvre, just get to the edge of the road) then they didn't need to give way.

Practically speaking they're driving 1.5 tonnes of metal and have less visibility than you....

brat

audigex wrote: »

Legally speaking, they have to give way to you before initiating the manoeuvre, although if they can get to the edge of the road before you get there (not complete their manoeuvre, just get to the edge of the road) then they didn't need to give way.

Do you have a link to the legislation or case law that provides this precise assessment?

audigex

brat wrote: »

Do you have a link to the legislation or case law that provides this precise assessment?

No, because there's no law which states it - likewise there's no "Must/must not" attached to the relevant section of the highway code

However as mentioned in the introduction of the highway code: (my emphasis)

Although failure to comply with the other rules of The Highway Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

And as section 206 states:

Drive slowly and carefully when....[snip]...needing to cross a pavement or cycle track; for example, to reach or leave a driveway. Give way to pedestrians and cyclists on the pavement

"Give way" is unambiguous, as such, although there's no specific law stating it, you'd have an incredibly difficult time arguing against a driving without due care and attention, causing death by dangerous driving, or dangerous driving charge (or similar) based upon section 206 if you injured somebody.

Would you immediately get pulled over and fined for not giving way? Perhaps not, but you're leaving yourself wide open if someone was having a bad day and had a quota to fill

brat

Thanks. I understand, and largely agree with your interpretation. But until tested, it is 'interpretation'.