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Who has right of way?
Hi there,
So I was in my car coming up to a round about. There is a bike lane on the left hand side that ends at the round about and continues on the other sided. I pass a cyclist leading up to the round about. I need to turn left so I put the indicators on. Sensing that the cyclist was not going to slow, I come to a complete stop. Cyclist rides through the round about without a care in the world. So the question is who has right of way in this situation?
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I would suggest that as you were at the roundabout first then you would have right of way. But if you have an idiot, who you said was not slowing, then I guess you did the right thing. Blood does wash off but dings and scratches don't!
On how good of legal representation you can afford?-only defence against dickheads!
On most basis you have right of way but....IIRC a cyclist is allowed to pass on the left hand side of a car, even if it is indicating left, if that car is stopped. Therefore by stopping you might have actually given him right of way. If you had gone around the corner and he had T-boned your car you would have been in the right
NSW Road Rules 2008:
Nice rule hawkeye but I suspect it was a single lane round about so some other rule would apply.
In my opinion, which will probably differ from the law, but it depends on the proximity to the roundabout that you passed the rider.
As an example, if you passed the rider with less than 25m before the roundabout with the intention of turning left, then put your indicator on at the last minute (to clarify, passing the rider means he is behind you, not the B pillar of your car) I feel that you may have rushed into the scenario and perhaps forced the rider to ride a bit more defensively. On the other hand, if he was behind you with more than 25m until the roundabout, I'd still say it's close, but if you had your indicator on within the legal distance to the corner, the rider would've and should've seen it, therefor putting him in the wrong and add him to the group of idiots that give us a bad name.
I often ride in similar scenarios and make sure I enter the driving lane between cars and make sure it's not at the last minute. In other words, I give way to the cars as I merge. Where I merge in, it is a safe enough distance to see indicators and slow down enough allowing room for last minute braking from the drivers, whilst watching the traffic in the roundabout. If I don't need to brake whilst following a car in, and I know there's a car behind me, I make sure I give it the herbs to keep up with the car in front so as not to slow the car behind me, aleviating the frustration from the following driver. However, if I have entered the traffic lane and a driver tries to beat me to the roundabout and isn't clearly passed me (if I'm essentially able to see in thier front side window), I hold my ground and enter the roundabout if it is safe to. The driver that tried to beat me to the intersection usually yields as it is very clear that they won't fit between myself and the road divider.
Assuming that there's no other traffic between you (the driver) and the roundabout, I would say that it's down to the driver to 'take the lane' safely - ie if you can SAFELY pass the cyclist and, whilst indicating, move across to cover the cycle lane then this is the way forward.
If, however, to move across into the cycle lane would be cutting up the cyclist, then you've judged it badly and should have slowed down and moved in behind him/her.
I commute into the city every day and see this situation quite often - but when a car driver does it as described, there's no danger to anyone, and generally no complaints either.
141 No overtaking etc to the left of a vehicle
(2) The rider of a bicycle must not ride past, or overtake, to the left of a vehicle that is turning left and is giving a left change of direction signal.
Maximum penalty: 20 penalty units.
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So if you as the car were safely ahead of the bicycle and indicated to turn left, it is illegal for the bicycle to overtake you on your left.
But if you did not indicate then that is a different story!
If a car has pasted me, most of the time they no idea that a cyclist is a moving vehicle as well and therefore forget about us when turning just after passing us (funny that). I would rather not be broken so if I think they are going to turn I'll give them the room but I don't like being cut off either. Its a tough one. if I'm driving and I know I need to turn I'll wait for the cyclist to go first.