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It all comes down to white lines :( HELP!!!

Discussion in 'Main Forum' started by _Yappa_, Aug 20, 2012.

  1. _Yappa_

    _Yappa_ Official SECB representative down under. +

    Messages:
    946
    HELP!!!!!!!!!!

    I have been offered a 'settlement/carrot dangle' for my bike crash. But lawyer states he needs confirmation to the correct road lines. Who here has any idea on the legalities and/or right and wrongs when it comes to white lines?????

    If I over took on this straight road, was I in the wrong cause it was technically boxed lines?
    https://maps.google.co.uk/maps?q=Sa...nRvSpEfPr5LI2IZh9kJL1g&cbp=12,338.42,,0,-0.88

    HELP?!?!?
     
  2. BlackHornet

    BlackHornet Look before you turn Staff Member Moderator +

    Messages:
    7,985
    i can't see the picture but the general rule is that if it's a broken white line you can pass ( including where cross hatchings are, just more care is required ) . Even if it's a solid white line there are times when you can pass, something to do with the speed of the vechical your passing so may be worth checking.

    You can also pass on a solid white line if you don't cross over it :D
     
  3. BlackHornet

    BlackHornet Look before you turn Staff Member Moderator +

    Messages:
    7,985
    :D roadmarkings.jpg so you can pass on these
     
  4. DAVE B

    DAVE B British Superbike +

    Messages:
    182
  5. _Yappa_

    _Yappa_ Official SECB representative down under. +

    Messages:
    946
    Oh you guys are wonderful!!! Beers coming your way!! :cheers:

    So standing my ground and not taking the carrot (specially cause the Consultant and physio reckon it'll be at least a year before I can bend my finger to make a fist)...
     
  6. RetryRider

    RetryRider Commuter 500 +

    Messages:
    234
    I think it only applies if the vehicle is either parked or it a utility vehicle of some kind (e.g. milk float, road sweeper) going less the (guess) 11mph.
     
  7. Finchy

    Finchy Guest

    I always understood that areas of hatched markings were not for overtaking. Have a read if this;

    Diagonal white lines (hatched markings) bounded by broken lines may be used in the centre of the road to separate opposing flows of traffic. They are often provided at junctions to protect traffic turning right. They may also be used on the approach to a central traffic island or the startof a dual carriageway. Hatched markings with a single, broken boundary line may be used at the edge of the road or next to the central reservation of a dual carriageway: the diagonal lines always slope towards the direction of travel. You should not enter any hatched area bounded by a broken line unless it is safe to do so.
    Found here: http://www.direct.gov.uk/prod_consu.../@travel/documents/digitalasset/dg_192269.pdf

    Sorry Dave - just noticed that you posted the same thing. Doh
     
  8. _Yappa_

    _Yappa_ Official SECB representative down under. +

    Messages:
    946
    Hmmm so no closer to understanding.

    However it does say "unless safe to do so"......
     
  9. Roadwart

    Roadwart Administrator Staff Member Administrator +

    Messages:
    6,720
    It seems to me the whole case rests soley on this line

    As the car had NOT started its manouver when Yappa started to filter, it was therefore safe to do so & perfectly legal.

    I rest my case & will take my fee in used £5 notes ;)
     
  10. _Yappa_

    _Yappa_ Official SECB representative down under. +

    Messages:
    946
    Unfortunately, I was only offering beer as payment....happy to pay a fiver worth LOL
     
  11. Roadwart

    Roadwart Administrator Staff Member Administrator +

    Messages:
    6,720
    Beer is fine as long as its an aussies quota of beer ;)
     
  12. MaDProFF

    MaDProFF World Superbike +

    Messages:
    2,475
    I always thought you were not allowed to enter those areas, and I am pretty certain I knew someone got a ticket in a car for crossing them overtaking, though this was a very long time ago, maybe they have changed rules now
     
  13. Hanna

    Hanna Street Fighter +

    Messages:
    1,313
    Best ask T.C.

    Also, I'm unsure why your lawyer is not advising you on this?
     
  14. GuzziRob

    GuzziRob Race Rep +

    Messages:
    896
    Ask your Lawyer.
    If you got hit in the hatched area then surely it was not safe to enter!! OR, it was safe when you entered, but not safe later when you were in it!!
    Should you/could you have seen the hazard before you entered.
     
  15. Les

    Les British Superbike +

    Messages:
    2,559
    Consultant and physio reckon it'll be at least a year before I can bend my finger to make a fist)...[/quote]
    I heard Aussie women's hands were permanent fists.
     
  16. BlackHornet

    BlackHornet Look before you turn Staff Member Moderator +

    Messages:
    7,985
    however if Yappa was already in said zone, having entered while safe to do so then the car driver would not have been allowed to enter as thats the point at which it is unsafe to do so, as clearly showed by the fact they hit her.
     
  17. MaDProFF

    MaDProFF World Superbike +

    Messages:
    2,475
    if you went in there to avoid a car, then no probs either i guess
     
  18. Finchy

    Finchy Guest

    That's only so they can grip a stubby better. Fuckin eh, ya big gallaaaahhhhh.
     
    kitten_art and _Yappa_ like this.
  19. T.C

    T.C Custom cruiser +

    Messages:
    233
    The lines are broken not solid, and so perfectly legal for you to pass, filter and overtake on these lines. They are just a different form of central hazard warning line.

    You sometimes get hatched areas that are bordered by solid white lines, but this is not the case, and so legally there is nothing to prevent you crossing over them.

    Your solicitor should be aware of this. I would be interested to know why he has advised you as he has done. He should be pretty clued up on road traffic legislation, but then, I suppose given how many solicitors are still of the belief that filtering and undertaking are illegal, it shouldn't surprise me. :rolleyes:
     
  20. _Yappa_

    _Yappa_ Official SECB representative down under. +

    Messages:
    946
    Thanks for all the advice guys.

    Basically lawyer has said he can't advise me as to whether I should take the carrot dangle or not, but wants further information rearding the ground markings.

    Using good ole trusty googlemaps, it's a hatched area. I was in the hatched area filtering and she turned into me (so I impacted above her front wheel arch, so almost passed her). I hadn't even realised it was hatched. But the link above is quite clear - if safe to do so....


    Lawyer states:
    "I received a response from the third party’s insurers on 10th August 2012, in which they have stated that “liability is currently under investigation and we are awaiting sight of the police report”. They have gone on to state that their initial investigations suggest that you overtook their insured’s turning vehicle as they were indicating right. I am fully aware that your version of events is categoric, in that you were overtaking the third party vehicle when the driver made a sudden attempt to either turn right or attempt a U-turn, and if they did indicate, it was done simultaneously when they attempted the manoeuvre, and you were therefore unaware of their intended manoeuvre, until they suddenly turned into you. The insurers have made reference to the fact that the overtaking manoeuvre took place “at a junction and on hatched markings”. From the diagram that you provided, it appears that the point of impact was slightly beyond the junction at a point where one would expect a vehicle to turn right, but there is no suggestion of there being hatched markings."
     

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