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Least known road rule

By markconley 6 May 2011 40

The Australian Road Rule 73 regarding drivers turning into roads giving way to pedestrians crossing or about to cross that road.   I have checked with the ACT Govt representative and the rule is applicable in the ACT.  Not one person (driver) I have asked knows of this rule.

I regularly walk to work from Hughes to Woden and cross, amongst others Easty Street.   This street leads to the car parks just east of the Woden offices / shops.    I have had many ‘run-ins’ with drivers when I attempt to cross this street (on foot).

I have had enough.    Next week I’m going to ‘placard’ the corner from 7 till 8.30, hopefully some drivers will become wiser.

All the best, Mark Conley

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Least known road rule
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markjohnconley 8:47 pm 04 Nov 11

Innovation said :

…I’m not sure though that drivers could rely on rule 236 (“A pedestrian must not cause a traffic hazard by moving into the path of a driver”) because the pedestrian would be on the new road that the driver is turning into and therefore, maybe it could be argued that they are not yet really in the path of the turning driver..

According to the authorities and a Canberra Pedestrian Forum member, 236 only applies if another rule doesn’t contradict it, eg walking across a pedestrian crossing, if 236 was followed there would be a lot of people not crossing, Mark

JC 5:05 pm 08 May 11

Innovation said :

Continually changing road rules, different rules for different jurisdictions and general confusion displayed by me and others on RA and out on the road just supports my earlier suggestion for regular retesting. I’m surprised though that no-one commented on this; either for or against it.

Don’t think regular testing will help, there needs to be much better awareness of all the road rules rather than speeding, seat belts and DUI as we currently do. Maybe a regular newsletter to drivers when rules change, explaining the rule in practical terms could be one such example.

Innovation 1:46 pm 08 May 11

Buzz819 #32 – Aha, thanks for that reference. I’ve realised that the 2009 version that I previously found on the net (probably via Google) is either an out of date version or a version that applies to another jurisdiction as it states, for example, “(b) any pedestrian who is crossing the continuing road at or near the intersection”. The wording that you provided seems to make it clearer that at least in the ACT a driver doesn’t have to stop for a pedestrian on the side of the road.

However, isn’t this whole thing a bit like the roundabout thread a while ago ie, whoever gets onto the new road (or in the previous discussion – roundabout) first has right of way? I agree that it would be a brave pedestrian who tried to assert right of way (the old adage of a kayaker arguing the rules of the sea with an oil tanker springs to mind). I’m not sure though that drivers could rely on rule 236 (“A pedestrian must not cause a traffic hazard by moving into the path of a driver”) because the pedestrian would be on the new road that the driver is turning into and therefore, maybe it could be argued that they are not yet really in the path of the turning driver.

Continually changing road rules, different rules for different jurisdictions and general confusion displayed by me and others on RA and out on the road just supports my earlier suggestion for regular retesting. I’m surprised though that no-one commented on this; either for or against it.

astrojax 8:58 pm 07 May 11

there are rules for the road?

markconley 7:20 pm 07 May 11

I’m with you now Buzz, I was misunderstanding the wording.
Jayskette, if you don’t stop for a pedestrian, already on the road, they I hope you do get booked. It’s the drivers not the cars fault.
Antagonist, what annoys me more are those drivers who park their cars too close to pedestrian crossings especially on the approach side.
Mark

Antagonist 5:36 pm 07 May 11

jayskette said :

There are also rules that forbid parking for a certain number of meters from a intersection.

Oooh! Do a thread on this one! A personal pet hate of mine. Perhaps I can get together with Mark for the protest. Now we just need Captain RAAF and his car …

Antagonist 5:30 pm 07 May 11

jayskette said :

There are also rules that forbid parking for a certain number of meters from a intersection.

Oooh! Do a thread on this one! A personal pet hate of mine. Maybe I can get together with Mark for the protest. Hitting two dorks with one car if you like, LOL.

jayskette 4:00 pm 07 May 11

Yes this is a rule, as far as I’m aware it is enforced not only in ACT. I will obey this rule if there is a pedestrian crossing on the intersection. If there is no crossing, you are simply stupid for trying to cross at the very end of a street, especially if that street intersects with a main road. Also stupid are cars that are parked at the very ends of roads. There are also rules that forbid parking for a certain number of meters from a intersection.

buzz819 12:00 pm 07 May 11

markconley said :

Buzz819, it states, “If the driver is turning left (except if the driver is using a slip lane), the driver must
give way to:…
(b) any pedestrian at or near the intersection on the road the driver is entering.

“..at or near..”

any solicitors out there, as that doesn’t seem to mean ‘on the road’.

And if it were a foot on the road, in the gutter would surely suffice.

The rule regarding cyclists dismounting before crossing on a pedestrian crossing is a sensible one. I have twice very nearly collected speeding pedestrian crossing cyclists in Canberra,

Yours truly,
‘little man’

While I understand that, where you have gotten the rules mixed up is in your wording of it, in the Australian Road Rules it says
(b) any pedestrian on the terminating road at or near the intersection.

Here is the full rule, as per austlii:

73—Giving way at a T-intersection
(1) A driver at a T-intersection without traffic lights or a stop sign, stop line, give way sign or give way line, must give way in accordance with this rule.
Note 2—
For this rule, “give way” means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.
Note 3—
Rule 75 (1) (d) requires a driver at a T-intersection to give way when crossing the continuing road to enter a road-related area or adjacent land.
(2) If the driver is turning left (except if the driver is using a slip lane) or right from the terminating road into the continuing road, the driver must give way to:
(a) any vehicle travelling on the continuing road (except a vehicle making a U-turn on the continuing road at the T-intersection); and
(b) any pedestrian on the continuing road at or near the intersection.
(3) If the driver is turning left from the terminating road into the continuing road using a slip lane, the driver must give way to:
(a) any vehicle travelling on the continuing road (except a vehicle making a U-turn on the continuing road at the T-intersection); and
(b) any pedestrian on the slip lane.
(4) If the driver is turning left (except if the driver is using a slip lane) from the continuing road into the terminating road, the driver must give way to any pedestrian on the terminating road at or near the intersection.
(5) If the driver is turning from the continuing road into the terminating road using a slip lane, the driver must give way to:
(a) any vehicle approaching from the right (except a vehicle making a U-turn from the terminating road at the T-intersection); and
(b) any pedestrian on the slip lane.
(6) If the driver is turning right from the continuing road into the terminating road, the driver must give way to:
(a) any oncoming vehicle that is travelling through the intersection on the continuing road or turning left at the intersection; and
(b) any pedestrian on the terminating road at or near the intersection.

markconley 10:20 am 07 May 11

Buzz819, it states, “If the driver is turning left (except if the driver is using a slip lane), the driver must
give way to:…
(b) any pedestrian at or near the intersection on the road the driver is entering.

“..at or near..” any solicitors out there, as that doesn’t seem to mean ‘on the road’. And if it were a foot on the road, in the gutter would surely suffice.

The rule regarding cyclists dismounting before crossing on a pedestrian crossing is a sensible one. I have twice very nearly collected speeding pedestrian crossing cyclists in Canberra,

Yours truly,
‘little man’

JC 9:45 am 07 May 11

Innovation said :

I was actually looking up the road rules at the time to check because I had been honked at (twice within two weeks) when turning left in a slip lane and giving way to a car turning right in to the same road.

I really do dislike the slip road rules, yet another that is a bit on the wishy washy side when it comes to definitions. If you look at the ACT road rules (the national ones have no pictures) you will see in every reference to a slip road that the road has line markings indicating the slip road meaning on the left turn you need to cross a line to get into the lane. So yep makes sense that the car turning left gives way because they are crossing a line to get into another lane.

However if you read really carefully a slip road does not appear to actually need the markings, even a traffic island is enough to make the turn into a slip road situation, which doesn’t make sense, especially with the geography of the turns in Canberra that have these type of islands with no lane markings. These were all designed well before the give way to the right (at slip lanes) rule was introduced, so don’t lead to a natural give way situation and are plain silly. As mentioned the geography of the roads (island in middle of lane, not off to one side), also means painting lines to clear things up is also quite hard.

JC 9:36 am 07 May 11

Bussie said :

No that’s a problem with the behaviour of some bus drivers not with the rule. Having right of way certainly doesn’t allow you to pull out irrespective of other vehicles. However once the 10th car has not let me in I tend to just go, I’ve never been hit by a car doing that but I’ve got plenty of fingers and horns.

It is a bit of both actually. A clearer rule would help, so would better bus driving.

Deref 8:38 am 07 May 11

Scratch2k said :

We’ll be sure to have “He had right of way” engraved on your tombstone.

+1. That’s what my old Dad used to say.

Bussie 12:15 am 07 May 11

JC said :

Bussie said :

In Melbourne cars stop in those situations.

The rules about giving way to buses pulling out of stops and indicating appear to be pretty unknown in this town too.

Maybe the problem with this rule is many bus drivers flick their indicator on and start moving, rather than actually giving people time to see and react as your meant to do (same too with cars pulling away from the curb)

No that’s a problem with the behaviour of some bus drivers not with the rule. Having right of way certainly doesn’t allow you to pull out irrespective of other vehicles. However once the 10th car has not let me in I tend to just go, I’ve never been hit by a car doing that but I’ve got plenty of fingers and horns.

buzz819 10:41 pm 06 May 11

“The Australian Road Rule 73 regarding drivers turning into roads giving way to pedestrians crossing or about to cross that road. I have checked with the ACT Govt representative and the rule is applicable in the ACT. Not one person (driver) I have asked knows of this rule.”

Unfortunately you are wrong in this paragraph.

In all cases it says a vehicle has to give way to a pedestrian “on” the road or slip lane. It does not say a pedestrian who is waiting to walk on to the road.

If you are having run in’s with driver’s because you are crossing after you see them at the intersection it is you in the wrong, if you are having them because you are on the road at the time they are in the intersection they are in the wrong.

In summary, if you are already on the road they are supposed to give way to you, if they are on the road and you are waiting, you are supposed to give way to them.

Innovation 10:18 pm 06 May 11

Antagonist #23 – I had never heard of that advice but it is a good principle to follow.

I actually realised just how much right pedestrians had a few months ago when I reread rules 67, 68 and 73. Perhaps I have been a bit oblivious but I have never really had a problem as I haven’t tended to get too distressed when turning at intersections if a pedestrian walks out in to the road. I don’t even mind cyclists riding into the intersection although they really should stop and eyeball the driver first.

I was actually looking up the road rules at the time to check because I had been honked at (twice within two weeks) when turning left in a slip lane and giving way to a car turning right in to the same road.

Personal gripes that I have are:
• Speed limits are not minimum limits (it’s Ok to drive below the limit); and
• The rules require drivers to indicate long enough for other drivers and pedestrians to know of their intentions. A “couple” of flashes for a few seconds is not enough warning for other people to react. Most bus drivers are very good but occasionally some don’t give you any chance to act and the black hotted up Commodore today (who thought the road was a race track and gained one car space in two kilometers) was appalling.

My lack of knowledge and presumably a few others is evidence that we should have regular (at least theoretical) road testing for license renewals.

Martlark 7:51 pm 06 May 11

Good on yah mate! I knew that rule, and that knowledge will kill me one day.

Antagonist 7:18 pm 06 May 11

I had this drummed into me about 15 years ago by my driving instructor, Stan. Scottish, a chef by trade and a hard bastard to boot. He always said “Scan EVERY intersection for pedestrians before you do anything else. Never mess with pedestrians. Ever. If you hit them, you are always going to be in the wrong. They will sue you into oblivion. You need to know where EVERY pedestrian is before entering ANY intersection”. Sometimes the cagey old bastard would ask me how many pedestrians there were two intersections ago 🙂

Mark – can’t wait for the protest mate. I’ll bring a chair and popcorn. Unfortunately, the staff at Calvary Emergency inform me the policy is ‘first in best dressed – strictly no appointments’.

Holden Caulfield 7:02 pm 06 May 11

Clown Killer said :

If Australian Road Rule 73 requires drivers turning into roads giving way to pedestrians crossing or about to cross that road and they actually bother to obey that rule then all the wanking on about pedestrian v car = pedestrian fail nonsense is mute.

Gee, I dunno, it seems a bit noisy to me.

Postalgeek 6:54 pm 06 May 11

And there was me thinking that I had to give way to any pedestrian on a road. Well this is great news. All those people who stride out into the road in front of me with that “What are you going to do about it? Run me down?” mentality are in for a rude shock.

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