Waiting for driver to turn right

[nnl004]

so driving along a regular road car waiting to turn into a petrol station which is quite clearly full. Car in front of me immediately in front of the car waiting to turn overtakes to the left, but mounts the pavement. I don't like mounting pavements so I wait but it's been like a minute and a half and still no sign of any movement. I check the other side of the road , begin to indicate and tentatively go around the car.

What laws have I broken here if any. I know it's an unorthodox thing to do and the person did seem pissed off unsurprisingly but if I'd been in her situation I would have just turned around and waited somewhere else rather than holding up the road.

[Countdown]

I would have thought it was safer to mount the kerb rather than overtaking the car on his off-side

[nnl004]

Maybe but I didn't want to damage my car

Perhaps, a bad assessment, I saw the garage being full so treated it more as a stationary vehicle than one that was due to imminently turn.

[CharlesElliott]

Rule 145
You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

Laws HA 1835 sect 72 & RTA 1988 sect 34

Rule 167
DO NOT overtake where you might come into conflict with other road users. For example
....
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
....


So, according to what I can see in the Highway Code, you should have waited.

Edited by CharlesElliott on Friday 19th April 19:33

[nnl004]

So If caught it's careless/dwdca I take it? If someone with a dashcam was really annoyed.

I knew driving over the pavement was a big no no, usually I would have thought what I was doing would also be the same but as there was physically no where for them to turn at that point, I thought logically it would be ok providing they were aware of my presence

[OutInTheShed]

CharlesElliott said:

Rule 145
You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

Laws HA 1835 sect 72 & RTA 1988 sect 34

Rule 167
DO NOT overtake where you might come into conflict with other road users. For example
....
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
....


So, according to what I can see in the Highway Code, you should have waited.

Edited by CharlesElliott on Friday 19th April 19:33

Is Rule 167 backed by any law?

I think there may be cases where if the driver waiting to turn right has seen you, you're pretty safe in overtaking them.
Maye more so if you drive a shed....

[CharlesElliott]

There is no reference to law in 167.
[ETA - for the relevant scenario]

Edited by CharlesElliott on Friday 19th April 19:54

[nnl004]

Isnt there a difference in Must not and do not?

I'm guessing I'd there as an accident both of us would be to blame because the driver should theoretically have checked their mirrors even if I wasn't expected to do that.

[119]

I guess DWDCA would apply.

[mac96]

I sympathise with OP. I have had a similar situation but where the right Turner was blocked by a queue in the other direction for the same entrance which would not let him in as he was seen to be jumping the queue.

How long do you wait before safely driving over the pavement?

[number2]

Whatever the code or laws say, driving round someone - on their right - who is indicating right at a junction/turning point is a high risk manoeuvre, whether they are stationary or otherwise. I wouldn't do it. But you aren't me.

Overtaking near a junction or tur-off is a no-no in my book too. You never know what someone is going to do. Stuck with me from my biking days.

[nnl004]

So rule 145 that is illegal but rule 167 isn't breaking the law, but couldn't it still be classed as careless etc?

[nnl004]

Mac that's the thing there's no time. Hypothetically I could have been there for ten mins. I thought close to two was reasonable, but thought driving over the pavement would be worse as a pedestrian could walk out, whereas I knew the car wasn't turning, and indeed, it didn't.

It's a really badly designed layout and it's happened before , less time though I ended up waiting whilst someone else mounted the pavement. If they put a right turn lane it would solve the issue.

[Caddyshack]

I think that if you reasonably believe the car in front is not going to move right and you have been behind it for some time then it would be an acceptable overtake….done slowly.

The ideal would have been to get out and Speak to the driver and explain what you were going to do.

[GolfDragon]

Don’t mount the kerb, think of your alloy wheels!

[nnl004]

Caddyshack said:

I think that if you reasonably believe the car in front is not going to move right and you have been behind it for some time then it would be an acceptable overtake….done slowly.

The ideal would have been to get out and Speak to the driver and explain what you were going to do.

Yeah I did it slowly . Made sure no cars were on the other side. Slowly began to turn round.

I was going to honk them before to encourage them to do what I'd do when I've been in that situation - go to the end of the road and do a u turn at the mini roundabout and hopefully then I can pull in without blocking the road.

Just worried someone caught it on film and decides to report it. But yeah.

[nnl004]

GolfDragon said:

Don’t mount the kerb, think of your alloy wheels!

[James6112]

nnl004 said:

Yeah I did it slowly . Made sure no cars were on the other side. Slowly began to turn round.

I was going to honk them before to encourage them to do what I'd do when I've been in that situation - go to the end of the road and do a u turn at the mini roundabout and hopefully then I can pull in without blocking the road.

Just worried someone caught it on film and decides to report it. But yeah.

DCW aren’t that common.
1/1000 chance of a snitcher.

[Randy Winkman]

nnl004 said:

GolfDragon said:

Don’t mount the kerb, think of your alloy wheels!

And the tyres. I'd never drive up any kerb more than about 2 inches. And i dont even have a nice car.

[nnl004]

I don't even like parking on those bays where you're meant to park half on the kerb half on the street.