Driving – who has right of way?

[Purple Pyro]

Driving – who has right of way?


Sinario : I was traveling up hill and had to pass 4 legally parked cars out side local shops, which required me to cross the white center markings. A range rover was coming down the hill fast, but I was much closer. I indicated, and moved out about 1/3 over the lines. As I was passing the first parked car he had still not reached the cars. With hand on horn he proceeded to bulldoze through casing me to swerve back in and clip the 3rd parked car.

Now, my understanding of the highway code (just ordered a copy as its been some time since reading it) is you should give way to traffic traveling up hill, living in a hilly area I and most do. However, dose this still apply if it requires me to cross into ‘his lane’? or, am I completely wrong about right of way to traffic going up hill?

No damage to any car, and the owner of the parked car saw what happed… but has got me thinking.

Ian
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[njmchase]

Had similar the other day....On single track roads there is section 155 which does suggest... "Give way to vehicles coming uphill whenever you can".

However on a normal two lane carriage way section 162 & 163 apply.


162

• the road is sufficiently clear ahead
• road users are not beginning to overtake you
• there is a suitable gap in front of the road user you plan to overtake

163

• Ovetaking would apply where you must give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road.

However once you have made your manouvre you would have thought the other driver would have made allowances.... sounds like they were just another one of those inconsiderate "I own" the road type of drivers. Glad you didn't have to make any claims.

[rickws]

Despite the others driving sounding not particularly good I would guess you are in the wrong here even though a bit of mild braking on their part would have been much simpler.

[Signum]

I can sort of see both sides of the story - i haven't got a highway code, but i was always told that if the obstruction is on your side of the road then you should give way to the oncoming traffic..........but if you can overtake obstruction in time then to proceed.

In saying that, with the hill, the reason behind allowing way for traffic coming up the hill is they already have momentum going up the hill, and prevents a situation where they have to hill start etc.

I agree with rick, he could of braked and sounds a bit of a t**t, but sitting here we A. don't know how much time you had and B. how steep the hill was. One of those situations that you judge at the time - the next driver im sure will be more sensible....

....if not, wind the window down and do the following:

You f**k**g t**t, your a who sits in your f**k**g car with your own c**k up your - your making me you pile of


(or not its up to you lol )

[Skydazzle Pyrotechnics]

He was in a Land Rover.........of course he had right of way.

Forcing other lesser cars out of our way is part of the driving experience that comes with ownership......

[crazedmonkey]

As it was a road with centre markings and the cars were on your side, it would be the car coming in the other direction that has right of way.

[Venger5]

Originally Posted by Skydazzle Pyrotechnics

He was in a Land Rover.........of course he had right of way

Forcing other lesser cars out of our way is part of the driving experience that comes with ownership......

You took the words right out of my mouth...it applies to several other car makes I could mention, there's a clause in the owners manuals that says the laws of the road don't apply to them and specifically you can double park where the hell (sorry Rev) you like

Funnily enough I was in a Range Rover for the first time two days ago, as a passenger. In the short space of time I was in it, the driver commented on 3 separate occasions when cars passed us that "they seemed to enjoy driving at him and forcing him over to the left"...the fact that a Range Rover is a ridiculously over sized vehicle for the majority of small roads was missed

There was an argument that you need one '...when you live in the country...' - yes, if you're a hill farmer in Derbyshire, not when you live in Essex.

[RocketRev]

We regularly get cases of cars trying to get past parked vehicles on the main road where I am..... several times the parked cars have been clipped and worse (much worse). So far it's been the drivers doing the passing that have been deemed to have been at fault.

As njmchase said, Highway Code 162 & 163 refers. (That's in the 2007 edition, the numbers are different in the 2004 edition.)

I reckon 167 also applies:

Do not overtake where you might come into conflict with other road users. For example

• when you would force another road user to swerve or slow down

By your account, the driver would have had to slow down in order to allow you to pass all the cars before he / she reached you. It might have been a good thing if that driver had slowed down - but still, the Highway Code sides with that other driver on this one!

The other driver might also claim that they thought there was just about enough room for you both and that you swerved a bit more than was really needed.

As for giving way to folk going up hill, I think that used to be considered "gentlemanly conduct" in the good old days - but I don't think it's in the Highway Code now..... unless it's covered by section 147, driving with consideration for other road users - although hills aren't specifically mentioned.

[Arthur]

From a (retired) police driver friend; Never swerve into anything that becomes your fault automatically and the primary cause never gets involved. If a crash is inevitable then it is inevitable let the insurers fight it out.

[Skydazzle Pyrotechnics]

I love my Land Rover.........