Another traffic related post!
I've had a bit of a look online, getting multiple opinions but no reference to any actual laws.
Imagine a (suburban) 2 way street, no marked lines, wide enough for 2 cars to pass each other easily except when a car is parked against the kerb.
Two opposing cars meet near the parked car. Who do you think has right of way? The car opposite the parked car? The car that gets there first?
Any reference to NSW law?
I am shocked this has to be spelled out.
Absolutely right. If your lane is clear, the u have right of way first. If your lane is blocked with park cars, then u have to give way.
I think the car on the same side as the parked car gives way. That car has to change direction. The other car has an unimpeded route.
The bigger one or the one that has been in more accidents than your car or the one with a bull bar or the one with flashing lights on it or the one with a driver that thinks he/she can do what ever they think.
There are also a bunch more, but that should do for starters.
Who do you think has RiGhT oF wAy?
*chuckles*
Anyway. The person who has to move out of their "line of traffic" or "cross the centre of road" has to give way.
Any reference to NSW law?
I would think something like Road Rule 131 would apply here as well as possibly 140 and maybe to an extent 125. I think 132 would also play a part and let's not forget 148.
Just describe exactly what happened to your "friend" for a more accurate and thorough answer.
I just did. I am the one in the right. I have sympathy for the other driver for various reasons. I also want to make sure the case is clear. I am trying to garner more general insights before determining how to proceed.
Wow, so many negs. You all got hangovers or something?
Sounds like you are trying to figure out who is in the wrong after getting into an accident.
I guess the answer is blindingly simple
Obviously it isn't.
but I was expecting some more nuance
Do you want links to the legislation I pasted above or were you actually looking for "confirmation bias"??
And it is obvious that you hit another oncoming car that was on the opposite of the road and your comment of "the car on the opposite side… has any obligation to slow down whatsoever" looks like you are fishing for something to help you justify your position in this accident.
Enjoy your negs.
Yes, links to legislation. Thanks.
@pegaxs: I am still expecting more nuance. For example, if I was speeding I expect those laws don't cover sh!t. (I wasn't speeding but was on the mark and didn't slow down at all.)
Is there some "not driving according to conditions" gotcha somewhere that plays havoc with these common sense laws?
still expecting more nuance
It's the current NSW Road Rules legislation, it doesn't much more "nuanced" than that.
It sounds like you are fishing for confirmation bias. There is no "gotcha" and "not driving to the conditions" only exists with regards to weather, not to parked cars. Driving around parked cars and moving lanes is covered in the rules mentioned above.
I am the one in the right.
You obviously are not if you are looking for something "more nuanced"
You obviously are not if you are looking for something "more nuanced"
Why is it so hard for you to believe I could be in the right, which according to every law you stated I am, but I could remain interested in looking for nuances or gotchas?
Why is it so hard for you to believe I could be in the right,
Because people who are "in the right" don't need to go looking for "gotchas" unless they too were doing something wrong.
if I was speeding I expect those laws don't cover sh!t.
Laws don't cease to exist because someone else is doing something wrong. That is why there is the "obligation to give way" not "RiGhT oF wAy" in the road rules.
Even if another party is speeding, it still does not mean you can do what you like based on them throwing their rights away under the road rules, because the road rules done work like that.
The more you try and justify your actions and obfuscate what actually happened and continue ot ask for "gotchas", the more it looks like you are at fault.
The more you try and justify your actions and obfuscate what actually happened
I said what happened :
I could [am] be in the right, which according to every law you stated I am
What do you think I am trying to justify exactly?
I wasn't speeding but was on the mark and didn't slow down at all
On a suburban road, unmarked lanes, sees another car coming in the opposite direction and a clear restriction in road width due to a parked vehicle…
Driving at the speed limit and does not even hesitate or slow down at all.
I don't care whose in the right or the wrong, that's just poor quality driving.
@SBOB: I agree, for various definitions of poor quality. Hence my question, and how that can affect the outcome. Maybe that clears it up for those who think I am hiding or defending something, or what might be a factor in considering the other driver with some sympathy.
Sometimes, common courtesy just does the trick.
Indeed!
the bigger car indeed
Questions like this go a long way to explaining why Dash Cam Owners Australia has so much content.
No one has right of way.
Yes. "Give Way" under AU road rules.
Me first, then everyone else
That is only in Vic. OP was asking about NSW.
I think you’ll find that NSW it works the same as Vic.
Nah, NSW the one in the wrong will also honk and give you the finger.
Just out of interest, was there much damage done?,
It's for a friend so it doesn't matter.
were you the idiot on the parked car side that hit me crossing into my lane, and then continued to yell at me like i am at fault?
Like every question about traffic, go read the actual laws.
They're really simple, short and have pictures.
If both cars are at the same distance to the parked car, I would believe the car in the lane without the parked car goes first then the car overtakes the parked car cause they have to go on the other side of the road.
Picture for funsies
https://ibb.co/qdNFGN5
Wow, right of way.
Using forums to determine by vote who has 'right of way'. My opinion, stop driving now, go read the road rules for the state you drive in, my concern is how many other situations interworking with traffic to you have a dangerous lack of understanding of?
Tell me what other potentially life threatening situations to you put yourself in without understanding the absolute basics?
Right of way FFS. I wonder if you are one of those drivers who waits at a round about like a T intersection…. the reason for many roundabouts being altered to traffic lights across australia at the moment…..
And that’s why you buy a dash cam.
Any chance a moderator can change the title to ‘Giving Way Around Parked cars?
Whoever has to drive on the wrong side of the road gives way, unless they can cross in time before the other car comes.