New cycle path built in our village, runs parallel to road in woods/fields except for one small section which cuts in front of a house. At this point the path is directly alongside the road, but not on the road. No markings on the path as to who should give way to who. Who has right of way?
You mean where the cycle path passes the entrance to the house?
Cycles I guess. I don't suppose pedestrians would expect to have to give way to the driveway, unless a sign said so.
Im guessing you mean the road is too narrow? So car forced into cyclepath?At this point the path is directly alongside the road, but not on the road. No markings on the path as to who should give way to who. Who has right of way?
If its solid line for cyclepath then cycle has priority. If dashed then in theory the cyclist would have priority as car is essentially crossing into the opposite lane. However as is almost always the case on narrow roads people would typically give way to who arrived at the pinch point first (i.e. you would be polite and give way were you in a car, dont be a dull cycle-evangelist and try to stamp your authority on a situation that really dosnt matter).
Sorry stato, should have said the car pulling out of the drive who has to cross the cycleway. Who gives way to who.
Just my point of view without any evidence but I would have thought the cyclist has priority as they're through traffic.
However, I wouldn't make that assumption if I was on the cycle path - the second I saw a car pulling out of that driveway I'd be looking over my shoulder to check for no traffic behind, getting into primary and making eye contact with the driver pulling out...
they're pulling across the highway. they give way. it's a village. hopefully common sense prevails....
frankly whatever the technical answer I'd kind of hope their was give and take more so from the driver. I cant imagine its much difference from when a drive way is on t'other side of a path, just be nice to people.
Yeah car has right of access but not right of way. However as said they need to be able to get out so politeness trumps rights, unless of course they are being a prick about it.
pretty sure "right of way" never appears in the highway code
probably covered by this
"Rule 144
You MUST NOT.......
drive without reasonable consideration for other road users"
so exiting a driveway should be done considerately*
*unless on the school run, possibly late for work, need to get to the supermarket, are over 17 but under 220years old, don't give a toss etc etc
Cycleway (and footway) has priority over driveway access.
It's the exact same situation as trying to drive a car from one side to the other across the carriageway. The only difference is that the driver suddenly doesn't feel quite so confident ignoring this requirement and barging their way across when it's cars and lorries that they need to give way to.
currently living in Melbourne, Aus and rule is very specific
"On footpaths and driveways
You must give way to any pedestrians and bicycles on the footpath, path or nature strip when going in or out of a driveway or private property."
but almost totally ignored sadly might is right
edit bicycles on the footpath = kids under 12 and adults with them are excused close passes on the road and allowed multiple close calls from vehicles exiting drives/car parks etc
Who ever has been in the village the longest.
No one, just bunny hop.
No one, just bunny hop.
Surely that would wreck the car's suspension