Opened door into speeding car
Discussion
It just says this:
Hway code said:
Rule 152
Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph (32 km/h) maximum speed limit may be in force.
Look out for
But more relevantly it says this Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph (32 km/h) maximum speed limit may be in force.
Look out for
- vehicles emerging from junctions or driveways
- vehicles moving off
- car doors opening
- pedestrians
- children running out from between parked cars
- cyclists and motorcyclists.
Hway code said:
Rule 239:
You MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic.
And "MUST" means it's not just advisory. It's the law. http://www.legislation.gov.uk/uksi/1986/1078/regul...You MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic.
The Road Vehicles Construction and Use Regulations 1986 said:
Opening of doors
105. No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.
Please can we close this now?105. No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.
Think you'll find opening a car door to cause injury or danger to another road user is also an offence, not just an advisory from the Highway Code:
"Opening a Car Door
It is an offence to open a door of a motor vehicle or trailer on a road so as to cause injury or danger.
Sentences available include a fine of up to £1,000.00, or a fixed penalty.
The offence consists of opening a car door so as to cause danger or injury to any person. If a child opened a door and a parent permitted the door to be opened, then a parent could be held responsible for permitting the offence to have been permitted.
The charge has a wide definition. The Crown do not have to prove carelessness, nor that someone was struck or injured, only that the act caused danger."
http://www.pdsolicitors.co.uk/openingACarDoor.php
and (passenger opened door):
It turns out that the passenger had actually committed a criminal offence and would be liable of a fine up to £1000. (RVCUR r. 105; RTA s. 42; RTOA Sch 2). The exact wording is: it’s an offence to open “any door of a vehicle on a road so as to injure or endanger any person”.
http://www.londoncyclist.co.uk/ever-been-doored-it...
ETA silentbrown has given a link to the legislation whilst I was composing this!
"Opening a Car Door
It is an offence to open a door of a motor vehicle or trailer on a road so as to cause injury or danger.
Sentences available include a fine of up to £1,000.00, or a fixed penalty.
The offence consists of opening a car door so as to cause danger or injury to any person. If a child opened a door and a parent permitted the door to be opened, then a parent could be held responsible for permitting the offence to have been permitted.
The charge has a wide definition. The Crown do not have to prove carelessness, nor that someone was struck or injured, only that the act caused danger."
http://www.pdsolicitors.co.uk/openingACarDoor.php
and (passenger opened door):
It turns out that the passenger had actually committed a criminal offence and would be liable of a fine up to £1000. (RVCUR r. 105; RTA s. 42; RTOA Sch 2). The exact wording is: it’s an offence to open “any door of a vehicle on a road so as to injure or endanger any person”.
http://www.londoncyclist.co.uk/ever-been-doored-it...
ETA silentbrown has given a link to the legislation whilst I was composing this!
Edited by paintman on Friday 6th May 17:25
Many years ago I hit a cyclist - (did come out in the end as the cyclists fault so no real need to going into details) but to avoid the accident i really did anchor up and of course all 4 wheels locked and left a substantial skid mark (on my pants too) and made quite a noise. Every single witness said I was speeding - even though none of them actually saw the accident, they heard it and made the assumption.
Police measured the skid mark and with other factors into consideration deduced I was doing approx 25mph (in a 30).
Just saying!
Police measured the skid mark and with other factors into consideration deduced I was doing approx 25mph (in a 30).
Just saying!
The offence should prosecuted pursuant to s. 42 of the Road Traffic Act and Regulation 105 of the Road Vehicles (Construction and Use) Regulations 1986. Level 4 fine if goods vehicle (£2500). Otherwise, level 3 (£1000). Non-endorseable. The other possibility is s. 78 of the Highway Act 1835. Level 1 fine (£200). Non-endorseable.
A fixed penalty is available for the section 42 offence.
A fixed penalty is available for the section 42 offence.
Edited by agtlaw on Sunday 8th May 17:27
Edited by agtlaw on Sunday 8th May 17:28
MikeGoodwin said:
Thanks, I think what I need to know is, is £700 unreasonable. Just seems to me like he is being taken for a ride.
Also, family was stood at the side of the road, he didnt see it.
Sounds like a good deal to me. I had someone open their door into me as I was passing, damaged my door mirror and scraped just the drivers door. Quote from Mercedes to fix in the region of £1,800.Also, family was stood at the side of the road, he didnt see it.
hacksaw said:
BertBert said:
Really? You think that £700 is expensive for a new panel fit and paint to match plus bumper work which is hateful at best? Nah bite his hand off.
Bert
This, most definitely. Bert
I was taught the Dutch reach by my driving instructer many years ago
And no it's not a eupemism
https://youtu.be/XRcdS-2GdhI
And no it's not a eupemism
https://youtu.be/XRcdS-2GdhI
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff