Rights of Way! Who wins??

Orionaut

Orionaut

Orionaut

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Consider the following scenario....

(For the purposes of this I will designate "Westbound" and "Eastbound" as the different directions on the highway in question)

By convention, residents park on the "Westbound" side of the road.

By convention, residents do NOT park on the "Eastbound" side of the road.

The remaining highway, even when the parking on the "Westbound" side is fully populated, is still mostly wide enough for two way traffic to safely pass.....

However.....!

The Local authority has (for some bizarre reason) decided that it would be a good idea to construct "Build outs" along the curb on the "Eastbound" side of the road such that it is now no longer possible for conflicting traffic to safely pass each other where these build outs are present!

(You know, we actually are forced, with menaces, to pay people to make idiotic decisions like this!!!! :mad: :rolleyes:)

Nowwww!

The question is....?

Should a "Conflict" occur on the approach to such an "obstruction". Who has the "Legal" right of way??

#1 The driver who is passing the parked cars who would otherwise have plenty of space to clear the oncoming traffic?

#2 The driver who is on his "Own" side of the road but is however forced into the path of the oncoming driver who is having to pull out in order to pass the parked cars.

(For MY part (As a certified "White Van Man" of 30 years standing!) I give way under BOTH circumstances! (My main concern being the avoidance of collisions rather than who has right of way))

But I would nevertheless be interested in what other peoples opinions would be on the matter? ;)
 
Presumably the white lines in the middle of the road would only have to be crossed by one party in this scenario? And that party would, in my guestimation, be the party who would relinquish the right of way, as they are crossing into oncoming traffic.

As you say though, the best course of action is to give way in any case, but an argument could be put forward for the person who doesn't cross the lines in the course of their normal driving to have the right of way.
 
xs2man said:
Presumably the white lines in the middle of the road would only have to be crossed by one party in this scenario? And that party would, in my guestimation, be the party who would relinquish the right of way, as they are crossing into oncoming traffic.

As you say though, the best course of action is to give way in any case, but an argument could be put forward for the person who doesn't cross the lines in the course of their normal driving to have the right of way.
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I may be showing my age somewhat..! :D

But My understanding was always that the "Rule of the Road" was that you "Passed oncoming traffic to the left"

The "Dotted/Dashed" lines were for "Guidance" (It is only Solid lines that one should not cross)

However, consider the scenario where neither driver can proceed without crossing such highway lines.

(Which is the case in the road in question)
 
If there's an obstruction on both sides of the carriage way, then right of way should defer to the side that doesn't need to cross the centre line - but theoretically a wider or poorly parked car could mean that's the case for both parties.

My opinion would be that the council should erect a sign to show who has right of way, making it clear who has right of way. That way its plain as day!
 
There is no such thing as Right of Way...only priority. Priority is usually given to the vehicle who has no obstruction, unless they are a large vehicle such as a HGV or PCV or a vulnerable road user in which case extra consideration should be given to them.

Generally you should give way depending upon the individual circumstances to avoid any potential accident. Effectively you both have responsibility to give way and it depends on the road conditions at the time.
 
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As Cas says, priority is given to traffic with a clear way.

You have to yield if the obstruction is on your side of the road, only exception to this is if you have already committed to the passing of the obstruction and someone else appears at the other end while you are already on the other side of the road.
 
It would make more sense for everyone to start parking on the side of the road which has the "build outs" on it i.e. Eastbound side in your description.... Common sense and all but then we are dealing with human beings and their selfish ways...
 
Yer I'd hazard a guess that shortly there will be parking bays marked on the eastbound between the build-outs (which will greatly reduce the amount of cars able to park there). And then they should put yellow lines done the westbound.
 
More alert and experienced does not equal safe driver if they give less of a **** about people around them... Sure they see them, they just don't care.

/huge generalisation :p
 
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