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Who had right of way?

By Kristielee - 23 July 2008 40

Hi All,

I am wanting to find out some more information of right of way at light intersections as I cannot find enough information on the tams website to clarify my concern.

I was driving to work this morning and nearly ran a kid over at a light intersection in Queanbeyan. I was sitting at the lights ready to turn right (red box see diagram below) heading south from the Kings Highway intending to turn onto Crawford Street toward the Q Arts Centre . I had just looked up to see I HAD A GREEN LIGHT and started to go when out of the corner of my eye I noticed a young boy about 10years or so crossing the intersection in front of me (blue arrow showing his direction in diagram below). He was clearly crossing on a RED WALK signal and ran directly in front of me. The boy ran across and I almost ran him over. My heart skipped a beat. Luckily he didnt touch my car but he was sure as hell within 1/2metre from it and if he had been any faster or I had been any slower off the mark I wouldnt have been able to stop and would have run him over.

I have looked on the TAMS website and briefed through the road rule files they have there but the best I can find is:

  • Pedestrians  are not permitted to cross the road on a red walk sign
  • Cars must give way to pedestrians at traffic signals when turning left or right (this indicates to me that if he were crossing in the opposite direction where the yellow arrow is on the diagram below, then I would have had to give way to him, however, he ran across the intersection at the point where the blue arrow went.)
    Intersection

Does anyone know who is in the right of way at a light intersection here. He clearly crossed when he wasnt meant to but if we had collidided, would I have been held responsible??? Any help on this matter would be most appreciated

Thanks

What’s Your opinion?


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40 Responses to
Who had right of way?
madman 7:38 pm 23 Jul 08

Pedestrians have right of way always… Cars are a lot bigger and cause more damage!

miz 7:37 pm 23 Jul 08

Another road query – what about those median strip intersections where there is a dotted ‘give way’ line at every angle?

I always thought left turners have the right of way, but a friend informs me the right turners do, though I’ll be blessed if I know why this is. For example, turning off Castleton Crescent into Sternberg in Gowrie, or from Hambidge Crescent into Baskerville in Chisholm.

No one else seems to know either – people slow down and wave!

caf 7:36 pm 23 Jul 08

Neat diagram Kristielee.

That is all.

Felix the Cat 7:05 pm 23 Jul 08

FB said :

Also on topic, Kristielee, it is illegal for a pedestrian to cross on a red cross sign and had you collected said pedestrian your insurance company probably would have pursued them for damages.

Good luck getting damages from 10 yo boy!

BenMac 5:19 pm 23 Jul 08

You were totally in the right. Though, good thing you didn’t hit him. He had to wait for you, cause he had a red sign.

Cars must give way to pedestrians at traffic signals when turning left or right

This would mean, that if you were turning left, rather than right coming the direction you were going, and the boy crossed your path (across the intersection, left to right, at the first set of light at the top of the picture) then you would have had to give way to him, if that makes sense.

astrojax 4:50 pm 23 Jul 08

Slightly OT but I witnessed a slightly inebriated brother-in-law answer his front door to two boys in blue wearing only his undies…

gotta ask, what was plod doing in his undies?? boom! boom!

going now…

actually, on topic, yes, rekkun FB is pretty right. as your initial post points out kristielee, the road rules stipulate pedestrians are not permitted to cross against a red signal. the lad’s crossing sign was presumably red, so he was technically at fault. that said, not entirely unknown for signals to go haywire and have two contradictory green lights occur…

FB 4:40 pm 23 Jul 08

Slightly OT but I witnessed a slightly inebriated brother-in-law answer his front door to two boys in blue wearing only his undies. He then proceeded to greet them the phrase “good evening c*nt*slight pause*stables”. Surprisingly they did not invite him to read the yellow pages in the back of a divvy van, nor did they arrest him. I stood by laughing on the inside!

Also on topic, Kristielee, it is illegal for a pedestrian to cross on a red cross sign and had you collected said pedestrian your insurance company probably would have pursued them for damages.

JC 4:32 pm 23 Jul 08

Johnboy I thought when they pulled you over you called them something else that kinda rhymes with constable. But certainly not after running over a little boy in QBN who is colour blind and crossed on a red rather than green.

tylersmayhem 4:24 pm 23 Jul 08

When can I be a “RiotACT Overlord”? I think I’ve got definite potential?! 😉

johnboy 4:19 pm 23 Jul 08

Oh you *CAN* call them plod.

You’re just less likely to get a helpful reply.

A bit like you can call them drinkstable when they pull you over and they can then check your car for defects.

tylersmayhem 4:18 pm 23 Jul 08

Shhh JC, the P**d might hear!

tylersmayhem 4:17 pm 23 Jul 08

JB, isn’t there a level of freedom of speech on here?! I’d kinda hope the Ole Plod won’t come and knock down my door and arrest me for referring to them by an age old term. There are plenty worse terms I could use, yes?

Anyway, whats wrong with the police officer off Noddy? And a new fact I learned of Wiki today:

PLOD or P.L.O.D. is an acronym for Police Link Officers for Deaf people. Established in 1999 by the Hampshire Constabulary (UK), Link Officers aim to promote equality of access to the Police for deaf, deaf-blind, deafened and hard of hearing people. Similar schemes are being introduced by other police forces.

JC 4:17 pm 23 Jul 08

I am not a plod but tylersmayhem you are right, and not just with running over people. In any situation if you can avoid a collision, even if you are in the ‘right’ you must do so. Failure to do so could be considered negligent driving.

johnboy 4:09 pm 23 Jul 08

Shh TH they don’t respond well to being called ‘plod’.

tylersmayhem 4:06 pm 23 Jul 08

I think the the boy should not have crossed, but of course you are expected to do your best not to plough over someone if they walk in front of your car (again, you did the right thing obviously). If you had run over the little dude, I wouldn’t imagine you’d be at fault other than if you had been speeding, negligent or malicious.

Maybe there is a Plod member of RA who can confirm?!

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