Overtaking Cars - Legal Status

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  • This morning on my ride to work I encountered a situation which I think can't be that uncommon, and it got me wondering about the legal standing of what was going on.

    So I was overtaking a long queue or stationary cars, riding in the lane for oncoming traffic. I couldn't see it in advance, but as the cars crept forward, one of them stopped to let a car pull out of a side road. He pulled out turning right just as I was a few meters in front of travelling quite fast towards him... Luckily he saw me and stopped before he'd totally pulled out into the lane so a collision was avoided.

    Had he gone straight into me, who would have been in the wrong? Was it my responsibility to ensure that it was safe to overtake the vehicles, or was it his responsibility to ensure that the road was clear both ways before he pulled out?

  • This happened to me on a scooter years ago (wasn't travelling that fast - I wouldn't advise anyone to overtake a lane of cars at speed). I was knocked off and the driver accepted responsibility on the spot.

  • I guess people will rarely accept responsibility like that though. And even if they did accept responsibility in that case, would they be considered at fault had they not held their hands up?

  • I don't think there's a simple answer to this one other than given who's going to come of worse in the event of an accident I would say the responsibility is 100% on you.

  • I had a similar incident, but in the inside channel. Car let a right turner through. It ended up with me upside down, still clipped-in as I few over the car's bonnet.

    The police officer who drove me to the hospital said that it was a grey area, but if the car who let the other one through had flashed, it could be construed as illegally directing traffic.

    The right turner refused to accept responsibility, as he said I had run into him! I would think it was more a case of him driving without due care and attention, crossing a lane of traffic blindly.

    I wasn't badly injured and my bike was fine, so I didn't pursue it.

  • I couldn't see it in advance.

    This was the issue. Yours and theres.

  • Leaving aside the legalities the thing is you should always make sure you have enough time to stop; so slow down, anticipate potential hazards. You live and learn.

  • When overtaking a stationary or slow moving traffic do so slowly (only slightly faster than the speed of the traffic), when passing big vehicles such as buses check for pedestrians.

  • You shouldn’t be cycling fast on the wrong side of the road near a junction. A car driver turning right couldn’t possibly see you unless they were in a VW camper van.

  • ^^What the older gentleman (Will) said.

  • Do you mean me?

  • Yep. What I learned from my crash was caution whilst making my own unofficial 'lane' in an urban environment. I creep along whilst over taking or crawling the inside in traffic etc'.

  • ^^What the older gentleman said.

    Think she means me
    picksupzimmertowalktotoiletfor5thtimethismorning

  • Will? The young whippersnapper

  • I agree with what you guys have said, that I should no doubt be careful when doing it and overtake slowly as it's only me that will come off badly from it.

    I guess that because my route to work is basically one long straight road with loads of turn off's along it, and is backed up with traffic for most of the 2 miles I go along it, it's very difficult to ride super slowly along side the traffic. But as has been said, I'm the only loser in the situation should it all go tits up...

  • Think she means me
    picksupzimmertowalktotoiletfor5thtimethismorning

    "She". Why thank you sir.

  • It’s not because you’d be the loser. It’s because it’s wrong.

  • "She". Why thank you sir.

    he, she
    all the same at my age ;-)

  • The outside channel is not necessarily the "wrong side of the road". I do agree with the speed issue. I look both ways when I am turning. Cars turning through stationary traffic often do so without even looking.

  • Leaving aside the legalities the thing is you should always make sure you have enough time to stop; so slow down, anticipate potential hazards. You live and learn.

    Does this apply to motorists too and if so what do you think is a safe speed?

    As for the legalities, I would guess the liability is onthe road user leaving the side road to make sure that it is safe to enter the main road and that cars on the main road should not signal to motorists entering from the side road....

    Did you check to see what the online Highway code says about this? ....

  • I think once you cross the central line your probably in a very grey area, but surely even while filtering, on the correct side of the road you would have right of way over anyone entering the road/lane you are occupying?

  • Leaving aside the legalities the thing is you should always make sure you have enough time to stop; so slow down, anticipate potential hazards. You live and learn.

    Will's right, there's no point having right of way if your under a bus.

  • I had a similar incident, but in the inside channel. Car let a right turner through. It ended up with me upside down, still clipped-in as I few over the car's bonnet.

    The police officer who drove me to the hospital said that it was a grey area, but if the car who let the other one through had flashed, it could be construed as illegally directing traffic.

    The right turner refused to accept responsibility, as he said I had run into him! I would think it was more a case of him driving without due care and attention, crossing a lane of traffic blindly.

    I wasn't badly injured and my bike was fine, so I didn't pursue it.

    Similar thing has happened to me, I think it's unavoidable that situations like this will occur in London traffic... I'm a lot more cautious now and assume that there is a car about to kill me coming from of every side road in London... You can't be too careful...

  • I think that providing I was in the left lane, I would have right of way but it seems unclear what happens when you move into the oncoming lane.

  • there's no point having right of way if your under a bus.

    This

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Overtaking Cars - Legal Status

Posted by Avatar for Stallion @Stallion

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