Who Has Right of Way - QLD Edition (OzBargain Favourite)

urzu on 16/12/2016 - 13:21

Hello Ozbargain,

I frequently read questions regarding accidents. There appears to be a lot of confusion regarding who has the right of way. Every day I drive by an area which has an unmarked merge. The road is 2 ways most way but a "Form 1 lane" sign is planted half way through with markings ending 10 meters upwards. The right side of the lane (after the marking has ended) often ends up packed with a line of cars waiting to turn right and as such, all those wanting to continue pass the stopped traffic from the left.

It is my understanding that in cases of forming 1 lane, the car in front has the right of way, so what happens if I am travelling in the right lane and notice it is blocked up ahead so move to the left of the lane after the markings have disappeared? As the car in front I should have the right of way, the problem is drivers on the left often keep pretending there are two lanes and don't give way to traffic on the right of the lane wanting to go left.

it is obvious that without traffic, whoever is in front has the right of way, regardless of what lane they came from. The question is when there are backed up traffic-jams and people start rushing.

Maps link (travelling in the direction of the red car): https://goo.gl/maps/2rF2idS8gwB2

I've created a poll so we can share our views. Note that no accident has (yet) taken place so this is simply to know who road rage should be directed to…

Poll Options

  • 0
    If traffic is moving, whoever is in front has right of way
  • 2
    If traffic is stopped in the right side of the lane, left side has right of way
  • 28
    Whoever is in front always has right of way, regardless of whether or not traffic has stopped
Automotive

Comments

  • alabatusa on 16/12/2016 - 13:22
    +4

    koalas and Kangaroos have right of way first.

  • loulou1 on 16/12/2016 - 13:39
    +2

    Mate, who cares what people's opinions are? The only thing that matters is what the law says.
    Road rage is a waste of energy. Why are we all in such a rush to get everywhere. I watched a program once that showed the difference in arrival times to the same destination on the same journey for people who rushed and swerved and carried on and those that didn't. The time difference was negligible, but the heart rates were crazy different.

    • Gronk on 16/12/2016 - 13:40

      Mythbusters!!!

      I'm on the fence as to whether Top Gear also did something similar….

      • Wystri Warrick on 16/12/2016 - 17:06

        Lol, Mythbusters saw that episode.

    • urzu on 16/12/2016 - 14:44

      I completely agree: I was only joking about the road rage. I am wondering if I needed to change what I do on that road. Currently I assume that anyone ahead of me has the right of way and slow down quite a bit when I pass the cars which are lined up on the right side. Of course I try to avoid any collision but I am worried that one day some twat will try to force his way to the left while I'm on the right of the lane and moving to the left side to pass the obsrtuction and create unnecessary trouble.

    • bobbified on 16/12/2016 - 15:34
      +1

      …difference in arrival times to the same destination on the same journey for people who rushed and swerved and carried on and those that didn't. The time difference was negligible…

      Their test drivers obviously didn't rush and swerve and carry-on enough! lol!

  • Gronk on 16/12/2016 - 13:39
    +1

    You appear to be forgetting that when there is a temporary obstruction in front of your car, you have 2 options -

    a) Move into the other lane / free space on the road to navigate around the obstacle
    b) Use your brakes and wait until the obstruction is gone

    You seem to have option a) down pat, are you aware of option b)? I'd recommend trying it some time.

    • urzu on 16/12/2016 - 14:46

      The problem lies with the actual rules: I wouldn't have to stop if i have right of way, I could just move to the left to pass the obstruction because legally, since I am in front, nobody should be passing me from the left if I am still moving because I am not yet obstructing anything. I'm not sure my explanation makes sense.

  • whooah1979 on 16/12/2016 - 13:50
    +3

    Who Has Right of Way - QLD Edition

    If qld road rules are anything like nsw, then nobody has right of way.

    Motorists thinking they've have right of way is common misunderstanding.

    • Euphemistic on 17/12/2016 - 06:55

      This. There is a responsibility to give way in plenty of circumstances. The concept of right of way has been developed from the responsibility to give way but has no legal standing.

  • Ryanek on 16/12/2016 - 14:06

    With two lanes merging into one I think it comes down to courtesy and the proper use of the zipper merge.

    • urzu on 16/12/2016 - 14:40

      I don't know if that would slide with insurance companies in case of a collision. ;)

  • [Deactivated] on 16/12/2016 - 14:22

    someone had a crap drive into work today it seems

    • urzu on 16/12/2016 - 14:41

      Haven't driven there yet today. It's on the way home only. Simple curiosity, I'm wondering what the rules actually are, regardless of morals.

      • [Deactivated] on 16/12/2016 - 18:15

        found this
        http://www.streetwisedriving.com.au/correct-merging-rules-qu…

        • [Deactivated] on 17/12/2016 - 12:36

          That advice is wrong! The dotted lines are there to indicate that you have to give way to traffic on the main road (aka "merging").
          I assume that the same school will say it's ok to sit in the middle lane of a motorway at 10 kph below the maximum speed limit!

        • [Deactivated] on 17/12/2016 - 13:10

          @Ninjastud: tell it to the site

        • Grent on 18/12/2016 - 05:55

          @Ninjastud:

          Did you read it?

          It says that with the dotted lines the car crossing then must give way when merging into the uninterrupted lane.

          When no dotted lines the car in front has the right of way and the car behind must yield.

          In either case the car that is behind should be slowing down to be following the car that was in front (ie not next to it any more), match the speed, and merge across as soon as the 2nd lane ends. It seems it's the speed matching part people have the issue with.
          That, and the dicks in a 3rd car that will then try and edge a bumper in front of the 2nd car that's done the above correctly by tailgating the 1st car.

        • [Deactivated] on 19/12/2016 - 10:46

          @timewasting: I did tell them and after a brief discussion they changed it. It is now correct. Good result all round.

        • Grent on 20/12/2016 - 08:09
          +1

          @Ninjastud:

          Apologies!
          Nice work.

          Hope they had been teaching it right……

  • apple2016 on 16/12/2016 - 15:17

    second poll option :

    If traffic is stopped in the right side of the lane, left side has right of way

    I assume you have this option as the traffic is just continuing as two line over the marked traffic island and not merging into in line as sign posted.

    • urzu on 16/12/2016 - 15:49

      Yes, I added this option after reading the other forum post from that accident in Victoria a week back or so.
      Typically, those who are stopped on the right side of the lane are waiting to take a left turn further up, before the bridge. Again though "typically" isn't a valid insurance excuse…

      • urzu on 16/12/2016 - 17:22

        I meant a right turn…

  • Ughhh on 16/12/2016 - 18:04
    +2

    Who ever in front has right of way. If the lane was still marked up to the very end, then the lane ending has to give way to the continuing lane.

    When you're approaching the merge, keep an eye on who's around you and their positions. Dont leave until the point where the lanes join, breaking heavily and spending the next minute breaking and accelerating, taking turns to give way to each other- one of you just effing go, you're causing a hazard! /rant

    • Kangal on 16/12/2016 - 18:15
      +1

      Smart pug is smart.

      I see this happen at roads such as this.
      Sometimes you need to be bad, and sort of "take your position" in order to drive safely.
      People taking turns trying to allow the other car to go first causes accidents.
      And people taking turns trying to GET the first position leads to OzBargain threads : P

  • Geewhizz on 17/12/2016 - 06:26

    if I am travelling in the right lane and notice it is blocked up ahead so move to the left of the lane after the markings have disappeared? As the car in front I should have the right of way, the problem is drivers on the left often keep pretending there are two lanes and don't give way to traffic on the right of the lane wanting to go left.

    It sounds like you're technically wanting to treat it as 3 lanes there. You can't do it.

    If you are in the right lane you're basically stuck with waiting for what is going on in that lane ahead of you. If it's regularly blocked at the same locations from vehicles turning right, there's nothing to stop you from moving to the left lane beforehand. You can't squeeze between the vehicles in the left lane and those stopped in the right lane however.

    • urzu on 17/12/2016 - 08:41

      What I mean is that there are 2 lanes going into 1 Lane. The right side of that same Lane often gets backed up with traffic.

  • Peck on 17/12/2016 - 09:47
    +1

    The lane that is ending has to merge into the other lane, and therefore has to give way to traffic in the continuous lane. Whether traffic is stopped or not makes no difference.

    • urzu on 17/12/2016 - 12:52

      No Lane is ending though. There are no markings. It's just two lanes becoming one.

      • Peck on 17/12/2016 - 12:59

        Oh yes - got it now! :)

  • Dazza610 on 17/12/2016 - 14:27
    +3

    Here's the skinny…

    When 2 lanes are merging into 1 lane there are TWO possible rules in effect.
    (If it isn't hard enough to understand).

    The lane, line markings are a give-away. [no pun intended]

    Simply: If the dividing lane-line disappears, the vehicle in front has "Right-of-way". No matter if it's the car merging from the Left-to-right or Right lane into the Left.
    Always "indicate" your intentions before charging ahead. (Speeding up to cut-off another driver is frowned upon).

    If there is a continuing lane-line [short lines same as Give-Way lines at intersections] are self explanatory. The left lane HAS to give way to traffic in the Right lane. NO exceptions.
    Even if you have to wait for 50 cars to pass before you can safely MERGE.

    So, look at the road line-markings, it's simple. If the line looks like a Give-Way line, that's EXACTLY what it means.

    Also, to those that think it's OK to slide into the left-turn lane at Traffic lights, then speed away to get in front of other vehicles, and/or then, push-into the line of traffic, you better have your insurance coverage up-to-date. It's only a matter of time before you come to grief, or worse injure someone else

    These days there is a lot of cars now fitted with cameras, so the "He said, She said" defence will cost you dearly.

    • urzu on 17/12/2016 - 22:40

      Thanks, that's a good description :)

  • backpaqer on 18/12/2016 - 17:06

    It's a privilege…not a right. And in QLD…whomever has the biggest SUV wins!

    • Wystri Warrick on 21/12/2016 - 18:04
      -1

      Not just the biggest, a bull bar really helps.

  • Dazza610 on 22/12/2016 - 14:50

    You can make all the funny comments that you like, but it gets VERY REAL when someone in the left lane, with "Give-way" lines marked on the road, (which means that lane MUST Give-way when merging) speeds up so as to cut you off, and pushes YOU into a head-on with an innocent driver coming the other-way.

    Joking about someone with a "Bull-Bared 4WD" 2 tonne WEAPON pushing others around, isn't all that funny. Most of these drivers would never think about driving off-road (it might get dirty) which is what they're meant for. NOT to go shopping, or take the kids to school.

    The first thing they say about owning one of these weapons is that they're SAFER.
    NOT so much for every-one else though.

    Well, keep telling yourself that, when you Crush & Kill someone in a fuel efficient vehicle, that just so happens, tick's all the boxes on what you want a car to do, with the added bonus of more than half of the running costs.
    Like I said, keep telling yourself that, in gaol.

    • Wystri Warrick on 24/12/2016 - 01:42

      Sorry Dazza610, I only read the title, it's Definitely not funny.

      I don't drive a 4WD, I prefer fuel efficient economical cars.

      I didn't down vote you.

      Edit: I've requested that my comments be deleted.

  • Dazza610 on 24/12/2016 - 10:40
    +1

    It's cool.

  • northwaydriving on 23/06/2020 - 19:55

    great post!

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