Just a quickie -
Who has the right of way on footpath when car comes out of driveway - car or pedestrian?
I always give way to pedestrians but not sure who has the right.
Right of way passing Driveway
eatwell365 on 17/07/2016 - 19:59
Comments
Yes pedestrians.
if it is a really sick car, then the car.
Yes, the legislation is very clear on this
how controversial was the 1969 amendment to TORUM Act(QLD)when the LC Torana was released?!?!!?
and I quote "…should the vehicle contain a petrol driven engine of no less than 6 cylinder, and be a General Motors Holden vehicle of the model code "LC" then all pedestrians should yield to such vehicle. Pedestrians failing to yield will be penalised 12 penalty units or 3 months imprisonment. Drivers of the vehicle are granted immunity from prosecution should pedestrians hamper, uphold, delay or obstruct their passage."
Upvote for creativity (but Toranas were awful)
no such thing as right of way in australia
the car is required to give way to peds or any other user of the footpath
This. 100% plus give way to cyclists. Depends what state you are in wether adult cyclists are allowed to be on the cycleway, but you still need to give way.
Technically I think you might even have to stop before crossing the footpath.
Were you planning on running over a pedestrian on your driveway if you had right of way?
Even if pedestrians were standing in the middle of the road, you'll still be at-fault if you hit them.
Thought it was open season on pokemon go players in the middle of freeway?
No. But if you do need to indulge yourself, find one that has walked off the edge of a cliff.
I follow the rule that if they are on the footpath then let the pedestrian go first and if they are walking on a road then they better get out of my way.
Legally you probably have to give way to them at all times.
Don't quote me on this and the law may have changed but in Victoria I'm sure that pedestrians have to give was to cars coming out of service stations. Would be interested in having that verified/discredited.
I've always wanted to know this as well. The law states cars leaving private property have to give way, service stations are private property, however it is also public area so maybe not.
I discredit this.
Source?
Same as your research
Does it matter??
Even if it is your right of way and their fault, if you hit a pedestrian you are in for a whole world of hassle. So best to look out.
I was slowly driving forwards out of my driveway a few years back, and I was at least two thirds of the way out when a kid on a bike came up the path moving pretty quickly. When he saw me, he hit his brakes and skidded, but slammed sideways into my car, denting two panels.
I think that even if you are technically in the right, you can still be in the wrong. My insurance company said that I'd have to pay, because I'd have to sue the kid (or effectively his parents) for damages, and if it went to court, the judge would probably side with the "poor 12 year old kid".
I think Australia has only just re-discovered footpaths thanks to Pokemon Go!
But all the Pokemon players are blocking the footpath. Get out of my way!
I believe pedestrians, even if doing something stupid, should be treated as a hazard and given caution and right of way in every scenario.
But I do remember reading when I went for my driving licence many moons ago in Victorian rules that cars always have right of way at petrol service stations. Not sure if that's still a rule.
I'll never forget when I visited the US and temporarily crossed a road thinking I was still in Australia, to wait on an island in the middle. The approaching car slowed from such a far distance and waited for us to finish crossing. I noticed this a few times. I think the US system teaches drivers to be much more respectful of pedestrians than we are.
But have a think about crossing the road in some parts of Asia. My experiences in Vietnam were pretty eye-opening. You can basically cross a road anywhere where there's no traffic control close by and the swarms of motor scooters constantly flowing through somehow all just go around you!
it is basically playing chicken in china.
Pedestrians. Source: the Australian Road Rules.
AUSTRALIAN ROAD RULES - REG 74
74—Giving way when entering a road from a road-related area or adjacent land
(1) A driver entering a road from a road-related area, or adjacent land, without traffic lights or a stop sign, stop line, give way sign or give way line must give way to—
(a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from a road-related area or adjacent land); and
(b) any pedestrian on the road; and
(c) any vehicle or pedestrian on any road-related area that the driver crosses to enter the road; and
(d) for a driver entering the road from a road-related area—
(i) any pedestrian on the road-related area; and
(ii) any other vehicle ahead of the driver's vehicle or approaching from the left or right.
pedestrians, always