Right of way?
Author
Discussion

Satsuma

Original Poster:

300 posts

262 months

Wednesday 3rd January 2007
quotequote all
Public highway. It was my understanding that on a public highway a pedestrian always has right of way over a motor vehicle, but recently a collegue disagreed with me about it...

m3evo2

2,064 posts

238 months

Wednesday 3rd January 2007
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I dont think so as people walking down the road would be able to step out in front of you expecting you to stop and if you dont you'd be in trouble,no?

WildCat

8,369 posts

273 months

Wednesday 3rd January 2007
quotequote all
Satsuma said:
Public highway. It was my understanding that on a public highway a pedestrian always has right of way over a motor vehicle, but recently a collegue disagreed with me about it...


They have a right to walk on the road.. like a cyclist has "the right" (In my own country .. pedestrians have "priority" but can be fined for j-walking or disobeying a "red man" und being copped "at it" yikes

cyclists are !"authorised" und motor vehicle drivers have the "right awarded by virtue of earning a licence".

In this country... ist a right . unless a bye-law or statute expressly forbid as ist case with motorway und other certain A roads .. A6144 (formerly "M" und one or two other A roads... though A14 should certainly be classed that way too from M1 to run into M11... :roll:

Drivers are there because they earn the licenced privilege to do so.. und given volume of traffic .. if all these drivers suddenly turned to bicycles und pony und traps und horses.. I rather think privilege to use roadways in this early 20 th century means of travel would be revised to make it "by privilege of licence earned by proving skill to cope by way of test". because of need ofr tax und revenue und stealth tax of fines und also because 32 million drivers suddenly taking to bikes und horses would still lead to congestion und danger of physical jostling .

We keep telling the lycra louts on a "for cyclist only forum" when they come a-trolling along . ..laugh that "cyclotopia", "honkin' heaven" und "neighin' neighin' land" ist no more reality than car cloud9 cloud nine cuckoo land!" und the rest

However, fortunately for us all.. the courts can und do take account of excellent advice in Highway Code.. as do insurance companies when deciding on potential pay-out - which ist why CTC object to sensible amendments as they fear it will affect their cut when fighting these companies for compo No one ist that altruistic

shuvitupya

3,339 posts

247 months

Wednesday 3rd January 2007
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m3evo2 said:
I dont think so as people walking down the road would be able to step out in front of you expecting you to stop and if you dont you'd be in trouble,no?



As far as I am aware Pedestrians have priority if they are on a recognised crossing of a road, and are not allowed on Motorways or slip roads, but apart from that they have to look where they are going, just the same as car drivers.

www.highwaycode.gov.uk/01.htm

vonhosen

40,597 posts

247 months

Thursday 4th January 2007
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Highway Code Rule 146 said:

146: Take extra care at junctions. You should

* watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.

WildCat

8,369 posts

273 months

Thursday 4th January 2007
quotequote all
vonhosen said:
Highway Code Rule 146 said:

146: Take extra care at junctions. You should

* watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.




I also find HC rules 1-33 particularly useful.. especially Rule 7.. the Green Cross Code one und rules 18-22 are also of especial note

flemke

23,506 posts

267 months

Thursday 4th January 2007
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vonhosen said:
Highway Code Rule 146 said:

146: Take extra care at junctions. You should

* watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.

Related but different situation:

It is "interesting" to be walking in town along the pavement of a road that is the horizontal part of a T-junction lying just ahead. This is when the pedestrian is on the same side of the main road as is the smaller joining road, so that the pedestrian must cross it.
If there is a car coming up that side road towards the T-junction and the give-way line, whether the car or the pedestrian has the right-of-way is a matter of timing.
British drivers are exceptionally aggressive about trying to intimidate the pedestrian from crossing the side road, so that their car can establish priority and continue unimpeded across the give-way line in order to get a view onto the main road. Not only agressive, but often downright rude.


jasandjules

72,632 posts

259 months

Thursday 4th January 2007
quotequote all
vonhosen said:
Highway Code Rule 146 said:

146: Take extra care at junctions. You should

* watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.


That seems reasonable. Turning into a junction if they are there first then they ought to have right of way as it is highly possible they were already crossing the road before you arrived at the junction. Same as a car has right of way. But they don't have right of way unless at pelicans etc.. So the answer is Generally NO.

esselte

14,626 posts

297 months

Thursday 4th January 2007
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When I am in pedestrian mode I usually give way to 1.5 tons of metal,just in case you know........(even if you're in the right it still hurts if you get hit..)


Edited by esselte on Thursday 4th January 10:13

herewego

8,814 posts

243 months

Thursday 4th January 2007
quotequote all
vonhosen said:
Highway Code Rule 146 said:

146: Take extra care at junctions. You should

* watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.

I think somewhere in the HC it says the entrance to a side road is a continuation of the pavement and thus pedestrians have right of way. A lot of drivers don't like this and recently one young lad hooted at me for walking across the entrance to a side road that he wanted to turn into even though I was more than halfway across when he arrived. He wouldn't stop to hear me try to explain the highway code either. Clearly you have to keep one eye on drivers for your own safety but it's important to maintain the right of way because some car drivers think the roads are only for them.



Edited by herewego on Thursday 4th January 11:06

andmole

1,594 posts

241 months

Thursday 4th January 2007
quotequote all
I'm sure I've seen comments along these lines in other threads..

Step 1. Assume EVERYBODY else on the road is an idiot
Step 2. Assume YOU are an idiot

Then proceed accordingly

Seems to cover it.......

7db

6,060 posts

260 months

Thursday 4th January 2007
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My understanding is that common law gives out priorities to

horse and cart
horse and rider
pedestrian
all others

except where there are other specified priorities.

(I might have the first two switched)

streaky

19,311 posts

279 months

Friday 5th January 2007
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He was right,
He was right.
As he walked along.
But he's just as dead,
As if he'd been wrong!

Streaky

motco

17,654 posts

276 months

Friday 5th January 2007
quotequote all
vonhosen said:
Highway Code Rule 146 said:

146: Take extra care at junctions. You should

* watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.


As I often say to SWMBO when she says "I have the right of way!"

"You cannot shout that from your coffin!"

vonhosen

40,597 posts

247 months

Friday 5th January 2007
quotequote all
motco said:
vonhosen said:
Highway Code Rule 146 said:

146: Take extra care at junctions. You should

* watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way.


As I often say to SWMBO when she says "I have the right of way!"

"You cannot shout that from your coffin!"


I agree, but we are talking simply of offences here.

7db

6,060 posts

260 months

Friday 5th January 2007
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If the pedestrian thinks that you are going to hit them and yields, then there is no chance of conflict so priority is meaningless.

Have you done something wrong?

vonhosen

40,597 posts

247 months

Friday 5th January 2007
quotequote all
7db said:
If the pedestrian thinks that you are going to hit them and yields, then there is no chance of conflict so priority is meaningless.

Have you done something wrong?


Inconsiderate driving or DWDCA by forcing others to yield against their priority through your actions.

7db

6,060 posts

260 months

Friday 5th January 2007
quotequote all
And if they yield before you force them to?
(as often happens on my commute)