[Road Rules Vic] Who Should Give Way?

garffi on 27/10/2016 - 17:31
Last edited 29/10/2016 - 11:32 by 1 other user

So I drove on this road today, and was wondering if I should've given way.

Let's say I'm the black suv turning left in the picture, the white ute decides to do a U turn. Am I required to give way? After I drove off, no one behind me gave way to him.

Centre Dandenong & Lower Dandenong Roads Dingley Village

If I had got into an accident, who would be at fault? What should I have done?

Update: Thanks for all the comments. I wanted to be sure that I was doing the right thing by not giving way. :)

Edit: Now that my question is resolved. Just another question for those who wish to comment.

What would you do if the U-turner did not give way?

Would you have kept going because you're not at fault anyway. Or stop to avoid an accident but have a risk of getting rear-ended?

Poll Options

  • 6
    Give way
  • 174
    Don't stop, keep going
  • 3
    Bikies
Automotive

Comments

    • p3nf0ld on 28/10/2016 - 12:33

      Not necessarily true. If it was a slip lane with "turn left anytime with care" and the ute had started the uturn then this might not necessarily be true.

      • picklewizard on 28/10/2016 - 14:52
        +1

        Look, I can see that that might be confusing; but as somebody else here said, a U-turn has lower priority over ALL other turns.

        This is a rule that's in place because of potentially ambiguous situations such as this; by stating that a U-turn must ALWAYS give way to all other traffic at an intersection (a slip lane is part of the intersection), then we've now got a clear set of rules.

        Again: U-turns must ALWAYS give way to EVERYBODY.

  • jerjergege on 28/10/2016 - 10:45
    +1

    "U-Turn Must Give Way" not you.

  • HeWhoKnows on 28/10/2016 - 10:56
    +1

    When in doubt, give way. even as a courtesy. You can never go wrong giving way to someone.

    • pais on 28/10/2016 - 12:45
      +2

      That would (profanity) up the flow of traffic. OP doesn't need to give way as a courtesy. OP just needs to be prepared to stop if old mate in the ute decides he's going to push in because (as evidenced in this thread) so many people don't know who has right of way when it comes to slip lanes and u-turns.

      • macrocephalic on 28/10/2016 - 15:01
        +2

        Yes, don't give way, but avoid the accident.

  • cheapisgood on 28/10/2016 - 11:35
    -1

    Basically since you get the Green left arrow, you got right of way.

    However if that was a slip lane with just a give way sign, then you have to give way to the U-turn car

    • pais on 28/10/2016 - 12:58

      Unless the u-turner is in front of you (i.e. already oncoming traffic), then no, slip lane does not need to give way at all. U-turn goes last, period.

  • noramando on 28/10/2016 - 12:16

    I think the entire road system and driving education system need a big revamp. We have bus stop in front of the T-junction. Driver don't know when to signal before turn. Some of the drivers turn into Peter Brock once they get into a car. The situation is getting worst every year. "Are you fear of death?" is the question they never ask. Heavy penalty and fines are not working mean that the entire system is not working at all. Maybe it is not entirely the driver problem but the system itself.

    • apple2016 on 28/10/2016 - 15:58

      Car are getting safer every day. But this is also encouraging driver to push the car further to its limits!…

  • trapper on 28/10/2016 - 13:00

    If you are making a U-turn anywhere, even where perfectly legal, you will almost always be found at fault for any accident you are involved in. The ute in this example would most definitely be at fault.

  • macrocephalic on 28/10/2016 - 15:00
    +1

    I've had something very similar happen to me, except in QLD you can't legally do a U-turn unless there's a sign permitting it. I still got abused by the cow in her 4x4 even though she nearly wiped me out.

  • StewBalls on 28/10/2016 - 16:12
    +1

    You should only give way to a Batmobile…

  • [Deactivated] on 28/10/2016 - 16:49

    white ute has to give way if performing a u-turn.

    in vic at least

  • dbun1 on 28/10/2016 - 17:22
    +1

    It's annoying that every state has their own implementation of various rules - it would be good if there was some standardisation across the board.

  • creative8s on 28/10/2016 - 21:30

    Probably a no u-turn side next to navara rear door.

  • lostn on 28/10/2016 - 23:14

    I know you got your answer by now but U turns always have to give way unless they have a green light, in which case you can't be turning. This is really a simple case to resolve. If he can see this much traffic turning left, he has to be really dumb to even be U turning now.

    What would you do if the U-turner did not give way?

    If it's possible to safely stop I would. You changing direction should be at a low speed so braking should not be difficult. I have avoided many collisions where the other party would have been at fault with good reaction time. People can't drive. I have run into many very terrible drivers where I've had to have good reaction time and quick decision making skills just to avoid being hit.

    Would you have kept going because you're not at fault anyway. Or stop to avoid an accident but have a risk of getting rear-ended?

    I would have elected for the latter. The guy behind me should be slow also, and should be able to stop in time. If he's a good driver, he should also be aware of everything around him, including the U turner.

    P.S. I think I know where you are. Princes Hwy (aka Dandenong Rd) cemetary exit, where it meets Corrigan Rd?

    • garffi on 29/10/2016 - 10:59

      Yep the latter seems like the safer choice. Thanks for your comment :)
      This is near dingley mini golf, it goes on to cheltenham road where there's bunnings and masters.

  • Randxyz123 on 29/10/2016 - 00:16

    No you don't need to give way to him but if it looks like he might go anyway then slow down so you don't have an accident.

  • Baebs on 29/10/2016 - 14:58

    Should call the council to install a "No U-Turns" or "U-turn must give way" sign because that road as it stands is pretty problematic. White-SUV should definitely slow down and give way.

  • Sammyboy on 29/10/2016 - 18:20
    +2

    U-Turn must always give way in VIC. I've checked this with VIC Roads. I told them that putting U-Turn must give way signs was in a way misleading, as people would then think, if there is no sign they have right of way. Also the costs of putting all these signs up everywhere would be quite expensive and that it would be cheaper to do a U-turn must give way advertising campaign. Every now and then they do some road rule campaign. If the intersection is full of repeat offenders, there is a link on the vic police website to send them a message to patrol that section. I've got them to do that at a troublesome turn and it has worked.

    if everyone could also send VIC Roads a message about a u turn must give way advertising campaign would be good!!!

    Https://www.vicroads.vic.gov.au/contact-us/feedback-and-enqu…

    Here are the details to report any roads that you would like the police to patrol for traffic offenders (For East region division)

    Darren VAN VEEN | Leading Senior Constable 27954
    Nunawading Highway Patrol | Complaints Co-Ordinator | Victoria Police

    E-mail: [email protected] | Web: www.police.vic.gov.au
    Phone: (03) 9871-4111 | Fax: (03) 9871-4147
    Address: 401-403 Whitehorse Road, Nunawading 3131 DX: 21 2288

    • [Deactivated] on 29/10/2016 - 18:50

      In the following case I wonder what the right answer is. On 3 lane each way suburban highways with a large median and gaps in the median with central peeloffs to allow right turns, many people turn the right turn into a side street into a U-turn, blocking the median gap in doing so, while waiting. If those cars blocking the median gap give way to side street traffic crossing the median, it becomes a gridlock, as the entering traffic need to pass through the median and blocking a median while giving way isn't an offence by the waiting U-turners. The practical situation is to decongest the median gap first.

      • Sammyboy on 29/10/2016 - 19:33

        I guess our road lows don't allow for any allowances with U-turn, to prevent any ambiguity. It would still be safer to gridlock traffic then have people guessing who has right of way. I guess a keep clear section should be painted on the road in the median gap to stop cars blocking it off. If the median area was a tram line, you wouldnt be allowed to block it up.

    • spersephone on 01/11/2016 - 13:04

      My argument for a "U-turn must give way" sign is because it seems as though most of my local community simply don't know this rule.

      • Sammyboy on 01/11/2016 - 17:29

        I know and its the logical solution. But when you think about it, there's so many intersections with the signs, that people may start thinking, if there is no "u turn must give way" sign, then they don't have to give way. That's my theory to explain why all these idiots aren't giving way lol Best is if vic roads does a campaign and puts it on their billboards that they have advertising on, bus stops, newspapers etc.

        • stumo on 02/11/2016 - 14:34
          +1

          Vicroads needs to put me in charge… All they need to do is put "u turn ALWAYS gives way" on those signs, as a kind of reminder. Then there would be no confusion (and/or silly stories about cars being 5m away or sideroads) etc etc.

  • [Deactivated] on 29/10/2016 - 23:56
    -2

    He joined that road already ~5m down the track where he made the U-turn, as far as the law is concerned he's just like any other car travelling down that road once he reaches you - you must give way.

    The other driver is still liable for any damages though as any accident caused is quite clearly due to that driver making an illegal U-turn, though the law is still designed for you to also avoid accidents caused by others stupidity - you should have still given way, even if you're not liable (beyond a ticket for not giving way, possibly).

    Edit: people are mentioning "U-turn must give way", this isn't the case here though - he had already joined the road ~5m down the line - he was already physically on that road, while the black car was not. There was no one for the Ute to give way to. Giving way while making a U-turn would be in the case where there was traffic going crossways, the Ute would have to wait for a gap.

    • spersephone on 04/11/2016 - 18:05

      I'm afraid you're incorrect. The ute MUST give way - they are entering traffic that has right of way and they have to give way to them.

      • [Deactivated] on 04/11/2016 - 19:21

        It depends if you go by morals or the law.

        The law is the Ute has made an illegal turn down the road, though is now oncoming traffic on the road you're turning onto - you are to give way in that situation as you are joining that traffic, the ute already joined down the road.

        The Ute technically run a red light and made a possibly illegal turn in order to get to where he is, this making him liable for any accident caused - it's still him at fault, though the SUV is still breaking the law. That being said, no one is going to prosecute the SUV in this situation as it's an incident quite obviously caused by the ute.

        Tl;dr: he gave way with the U-turn and had already entered the highway. The SUV hadn't yet entered the highway, one would assume this means the SUV then gives way.
        The variable is the fact the U-turn was possibly illegal due to the red light, etc.

        • spersephone on 04/11/2016 - 20:28
          +1

          What makes you think he's run a red light? If it's a green light, he's allowed to do the u-turn, provided it is safe to do so. As the slip lane there has a left turning arrow, it's very likely that the ute also has a green light and is acting perfectly legally. However, if he/she decides to do a u-turn, they still MUST give way to the traffic they're entering.

  • Hahuh on 30/10/2016 - 01:25
    +1

    U turn ALWAYS gives way

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