Car hit my car but not admiring fault.
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Has anyone ever been "the car that came from nowhere?" all my journeys seem to have started at my house.0
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I think the more likely charge would be failure to comply with a traffic sign (RTA 1988, section 36), since it is much easier to prove, and no element of subjectivity.
Cant say this enough, you're wife is at fault, You have case law, highway code, and
Road Traffic Act 1988
You are here:- 1988 c. 52
- Part I
- Driving offences
- Section 3Careless, and inconsiderate, driving. E+W+S
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence
That's 3 to 9 points and a hefty fine!
Could have even been charged with Dangerous Driving!
you're wife is lucky she was not charged with the above (many are for lesser incidents than you're wife's incident). I think the officer who attended used discretion not to issue a ticket due to you're wife pleading she was exercising caution on exiting by pulling out slowly and the van was still in situ'.0 -
You can actually, and no it isn't illegal, or considered dangerous driving. It's also a maneouever you may do on a driving test but only with permission from the examiner. As long as you aren't causing an oncoming vehicle to brake or change direction.
You do not need permission from the examiner. If you ask an examiner "Can I do X?" he will normally reply to the effect that you are being tested, and must do what you think is right.
If he thinks it is unsafe, he will take action to stop you, either physically or verbally, and mark a serious or dangerous fault.
To do it safely and legally there must be nothing approaching from the right.0 -
I think the more likely charge would be failure to comply with a traffic sign (RTA 1988, section 36), since it is much easier to prove, and no element of subjectivity.
I find that a stretch. She didn't failed to comply, if you stop and the proceed with caution to reduced visibility you have complied under this act, so offence is not there. Failure to comply would be when someone doesn't come to a complete stop at a stop sign and solid white road marking and blows through it or turns left at a no turn left sign. if I pull up to give way stop and give way and pull away again then I've completed the purposes of that piece of legislation, what happens after is entirely different when I pull off, like dangerous driving, More likely and often course from officers is to look at inconsiderate driving, without reasonable consideration for other persons using the road or place, he is guilty of an offence0 -
The law says nothing about "stop and the proceed with caution".atrixblue.-MFR-. wrote: »I find that a stretch. She didn't failed to comply, if you stop and the proceed with caution to reduced visibility you have complied under this act, so offence is not there. Failure to comply would be when someone doesn't come to a complete stop at a stop sign and solid white road marking and blows through it or turns left at a no turn left sign. if I pull up to give way stop and give way and pull away again then I've completed the purposes of that piece of legislation, what happens after is entirely different when I pull off, like dangerous driving, More likely and often course from officers is to look at inconsiderate driving, without reasonable consideration for other persons using the road or place, he is guilty of an offence
The actual meaning of the give-way lines is that you must not proceed "in a manner or at a time likely to endanger the driver of or any passenger in a vehicle on the major road or to cause the driver of such a vehicle to change its speed or course in order to avoid an accident." [The Traffic Signs Regulations and General Directions 2002 section 25(2)]
That seems to be precisely what the OP's wife has done.0 -
You do not need permission from the examiner. If you ask an examiner "Can I do X?" he will normally reply to the effect that you are being tested, and must do what you think is right.
If he thinks it is unsafe, he will take action to stop you, either physically or verbally, and mark a serious or dangerous fault.
To do it safely and legally there must be nothing approaching from the right.
Yes, I know how to drive thank you.
If you are taking a driving test you need to alert the examiner that you intend to enter the first lane and stop so that they don't think you are going to carry on and collide with the traffic in the lane you want to join. If they make this assumption they'll use the brake and you will fail irrespective of what you meant to do.
No learner wants to be in this position but if you are taking your test in London, as I did, and you sit at the give way line for half an hour waiting for it to be clear both ways, you will fail for hesitation.0 -
The law says nothing about "stop and the proceed with caution".
The actual meaning of the give-way lines is that you must not proceed "in a manner or at a time likely to endanger the driver of or any passenger in a vehicle on the major road or to cause the driver of such a vehicle to change its speed or course in order to avoid an accident." [The Traffic Signs Regulations and General Directions 2002 section 25(2)]
That seems to be precisely what the OP's wife has done.
No it doesn't. There is nothing in his OP that states his wife pulled in front of the path of an oncoming vehicle.
The only way we know is if he comes back and clears things up. Considering the avalanche of judgement and jumping to conclusions he got, I doubt he will bother.0 -
The law says nothing about "stop and the proceed with caution".
The actual meaning of the give-way lines is that you must not proceed "in a manner or at a time likely to endanger the driver of or any passenger in a vehicle on the major road or to cause the driver of such a vehicle to change its speed or course in order to avoid an accident." [The Traffic Signs Regulations and General Directions 2002 section 25(2)]
That seems to be precisely what the OP's wife has done.
I think you have miss understood the act here.
The KEY phrases in this act is to Avoid, Manner and Likely.
Did her manner of driving, likely cause her to proceed a give way sign and endanger or at a time likely to endanger someone and to cause someone to AVOID her?
I don't think her driving caused her to proceed through a give way sign at a time where she was likely to cause a driver AVOID her. the accident occurred instead the act fails at this point.
The words AVOID AND OR RESULT IN AN ACCIDENT is missing in the act and for good reason, because this act is not for an accident resulting in failure to give way to a sign, it's for someone's manner of driving that resulted in evasive action to be taken by another driver to AVOID an accident by failure to give way to a sign.0 -
No it doesn't. There is nothing in his OP that states his wife pulled in front of the path of an oncoming vehicle.
The only way we know is if he comes back and clears things up. Considering the avalanche of judgement and jumping to conclusions he got, I doubt he will bother.
"... my wife slowly manouvered on the to main road, with all 4 wheels of the car already on the main road, a car out of nowhere had hit the front of the car"
What other interpretation would you suggest?0 -
I think you mis understand the act here.
The KEY phrases in this act is to Avoid, Manner and Likely.
Did her manner of driving, likely cause her to proceed a give way sign and endanger or at a time likely to endanger someone and to cause someone to AVOID her?
I don't think her driving caused her to proceed through a give way sign at a time where she was likely to cause a driver AVOID her. the accident occurred instead the act fails at this point.
The words AVOID AND OR RESULT IN AN ACCIDENT is missing in the act and for good reason, because this act is not for an accident resulting in failure to give way to a sign, it's for someone's manner of driving that resulted in evasive action to be taken by another driver to AVOID an accident by failure to give way to a sign.
I disagree. Her driving went beyond causing someone to avoid, and the relevant words here are "in a manner or at a time likely to endanger the driver of or any passenger in a vehicle on the major road".0
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