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[Closed] HGV + trailer & cyclist dead- accident?criminal? acquitted anyway

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Epicsteve - it's not a dual carriageway - it's a single carriageway with two lanes in each direction.

That's why I described it, as I felt there was a good chance that some pedant was going to tell me it wasn't technically a dual carriageway - despite having 2 full lanes in both direction!

I don't agree - especially where there is a traffic island in the middle of the road as there was where the collision occurred.

Even at that point there is masses of room for an HGV to safely pass a cyclist. Maybe not two HGV's passing, and I've been know to hesitate until after the island when passing a bus in the car.

I'm not sure where you're located so don't know if you're familiar with that road, but I've driven and cycled it on pretty much a daily basis for many, many years.


 
Posted : 21/03/2014 4:26 pm
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Masses of room for an HGV to safely pass a cyclist given that there was a parked car as well?


 
Posted : 21/03/2014 4:28 pm
 D0NK
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That's why I described it, as I felt there was a good chance that some pedant was going to tell me it wasn't technically a dual carriageway - despite having 2 full lanes in both directio
dual carriage way has a divider between the two directions of traffic, doesn't matter how many lanes on each side. It's not really pedantry as they have different rules.


 
Posted : 21/03/2014 4:28 pm
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Used to ride that road a fair bit when I was at Heriot-Watt.

I think the 40mph limit is not appropriate given all the parked cars on it. If it had double yellows then maybe it would be ok.


 
Posted : 21/03/2014 4:30 pm
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Masses of room for an HGV to safely pass a cyclist given that there was a parked car as well?

Personally I'd have backed off to give the cyclist room to pull out if I saw him approaching a parked car as I'd be expecting him to pull out. Not sure what the law would say if the cyclist pulled out to pass the car and contact was then made with the vehicle in the outside lane. I suspect legally the bulk of the blame would be put on the cyclist - but I've had put a substantial portion of the blame on the driver for not anticipating.


 
Posted : 21/03/2014 4:31 pm
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I think the 40mph limit is not appropriate given all the parked cars on it. If it had double yellows then maybe it would be ok.

I'd tend to agree with that - and also given the proximity to parks and houses along a fair bit of it.


 
Posted : 21/03/2014 4:33 pm
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dual carriage way has a divider between the two directions of traffic, doesn't matter how many lanes on each side. It's not really pedantry as they have different rules.

From the previous comments it looked like folks hadn't realised there were two full lanes in both directions though - which is why I pointed it out despite opening myself up to road-geek pedantry!


 
Posted : 21/03/2014 4:34 pm
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I'd agree Steve - looking ahead and deciding to overtake a cyclist probably doing a fair speed (so low relative speed meaning the overtake for an HGV would take a long time to complete) with parked cars and a traffic island coming up would seem risky to say the least!


 
Posted : 21/03/2014 4:35 pm
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Back at my PC...

From the Highway Code

249
All vehicles MUST display parking lights when parked on a road or a lay-by on a road with a speed limit greater than 30 mph (48 km/h).
Law RVLR reg 24

As the accident occurred around 8am in January. Is it possible that the driver and/or the cyclist did not see the parked car up ahead?


 
Posted : 21/03/2014 4:44 pm
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That's a very interesting and little known rule scotroutes!

Wonder if they did take it into consideration in this case.


 
Posted : 21/03/2014 4:49 pm
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That's a very interesting and little known rule scotroutes!

Wonder if they did take it into consideration in this case.

Definitely worth a thought, although that road is reasonably well lit so there would be little excuse not to see a parked car.


 
Posted : 21/03/2014 4:52 pm
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[quote=NewRetroTom ]That's a very interesting and little known rule scotroutes!
Wonder if they did take it into consideration in this case.
Can you imagine phoning the police to complain every day! I wonder how long it would take for the road to be reclassified to 30mph.


 
Posted : 21/03/2014 4:53 pm
 MSP
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Yes, there are lane markings (though quite worn in several places)

OK that does change the perspective, and I can understand how the court came to the "not proven" verdict.


 
Posted : 21/03/2014 4:55 pm
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That's a very interesting and little known rule scotroutes!

Incidentally, a chap I used to live with was sued under this rule after a cyclist went into the back of his van on the A65 just outside Otley. He was bang to rights according to the law but it did feel a bit silly given that it's a dead straight stretch of road with perfectly good visibility and it happened in daylight - albeit early in the morning.


 
Posted : 21/03/2014 5:05 pm
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