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[Closed] So is it legal to overtake a cylist by crossing a white line on the road

 Bez
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Re waving a driver past...

I absolutely never do this as a cyclist, nor as a driver do I ever follow a wave from as cyclist.

As a driver you simply cannot rely on someone else's idea of what looks safe. Nor as a cyclist can you assume any level of competence or urgency from the motorist.

If you wave Mr Magoo past you and he pootles past slowly and a boy racer suddenly appears and comes towards the pair of you at breakneck speed, everyone is screwed and - importantly - you have contributed to any resulting accident.

Equally, as the driver it should be obvious that overtaking when you have not seen a clear road with your own eyes is dangerously negligent.


 
Posted : 29/09/2011 10:11 am
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That's one of the things I was told on a driving course. Let people out/across whatever, but just wait for them, never flash them, because if they cock it up they'll try and blame you!

The arterial route that runs through my area is popular with cyclists. Along with tourists, locals and HGV's that the road struggles to cope with, it can be a nightmare. If I'm behind cars that are overtaking cyclists on solid whites, all I'm really interested in is whether it's safe in respect of the view ahead, any oncoming traffic and giving the bicycle appropriate clearance, not whether the bicycle is doing 9, 10 or 15mph.


 
Posted : 29/09/2011 10:33 am
 DezB
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[i]In that case middle of the lane and make the cars wait [/i]

Thats what I love, a bit of practical advice!


 
Posted : 29/09/2011 10:37 am
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Rule 240 Highway Code, clause 6.

Oink. Good spot.

Just how difficult is it to go and check the HC? Took me all of about 1 minute to find that.

Ordinarily a fair point, however I was running out of the door to make an appointment and didn't have any minutes.


 
Posted : 29/09/2011 11:05 am
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Does any one else signal the drivers as to when it's safe/dangerous to overtake?

I do sometimes but it *should* be a pointless exercise as a driver should only ever make a maneuvure when THEY know it is safe to do so, not when they have been waved past by another road user.

I generally wave a thanks if a driver is courteous though.


 
Posted : 29/09/2011 11:39 am
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I signal overtake manoevres when safe to do so , after checking the mirrors, just incase a power ranger decides to overtake.


 
Posted : 29/09/2011 11:40 am
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I do sometimes but it *should* be a pointless exercise as a driver should only ever make a maneuvure when THEY know it is safe to do so, not when they have been waved past by another road user.

Agreed. As a driver I wouldn't go just because I was waved on, but it is good to know the cyclist is aware of you and happy for you to pass.


 
Posted : 29/09/2011 11:45 am
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cupra - Member
I never signal drivers when it is or isn't safe to overtake, it's just another potential liability for me if something goes wrong.

In a legal sense, utter nonsense. It's them overtaking you, not you forcing them to do so.

There are times when you have a better view of the road than a car sat behind you - seems OK to me to wave them on.


 
Posted : 29/09/2011 11:51 am
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it is good to know the cyclist is aware of you and happy for you to pass.

Which is the reason I'd do it - has to help relations if they know you've been thinking of them and not just deliberately holding them up.


 
Posted : 29/09/2011 11:52 am
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Was there not a case a few year back where the police prosecuted a cyclist because he was [i]making [/i]motorists cross the white lines in order to pass him.


 
Posted : 29/09/2011 11:57 am
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Yep, Daniel Caddon. He won on appeal. (with help from the CTC and the Cyclists' Defence Fund)
http://news.bbc.co.uk/1/hi/england/shropshire/6303427.stm


 
Posted : 29/09/2011 12:01 pm
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On twisty country lanes, I'll help a motorist by maybe putting a "stop" hand out if I can see a car approaching that they can't - as aracer says, it just helps things along. More often than not, I let them decide when to overtake though - I'm not sure I could live with the consequences of waving somebody on and seeing them have a head-on a few seconds later. If it's their decision to go, then so be it.


 
Posted : 29/09/2011 12:04 pm
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I signal overtake manoevres when safe to do so , after checking the mirrors, just incase a power ranger decides to overtake.

I had that this morning (when driving my car). Coming up to a right filter lane and I was indicating to move into it when someone overtook me by crossing a filter lane for traffic turing right coming from the other carriageway. And it turned out to be an old woman in a Micra Grrrr.

So anyway, I indignantly sounded my horn (which she seemed to completely fail to notice) and then my two girls (who were in the back) started to do press and 'peep' sounds for the next 10 minutes which made my day ๐Ÿ™‚


 
Posted : 29/09/2011 12:11 pm
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MF - I thought you knew the Highway Code?


 
Posted : 29/09/2011 1:14 pm
 Taff
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I never signal drivers when it is or isn't safe to overtake, it's just another potential liability for me if something goes wrong.

I agree but I will signal stop if someone is about to overtake and I can see a car coming the other way. Had a few near misses just recently when a car has nearly clipped my bars. Didn't realise there was a 10mph limit though, got a dodgy bit of road not far from my house and I cane it along there for fear of holding traffic up but also getting side swiped


 
Posted : 29/09/2011 1:23 pm
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I live 2 minutes away and travel on that road regularly. That stretch is 30 but prior is national speed limit.
Nobody should have overtaken you from 1:30 until you had cleared the corner then visibility is OK.
The van that overtook you (and several cars) did so on a blind bend.

edit: as others have said you invited them a little. They were all idiots however you should have been further out IMO.


 
Posted : 29/09/2011 1:29 pm
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MF - I thought you knew the Highway Code?

I do. I was being indignant and ignored the rules at that moment. Buut *loosely* I was okay as I was sounding a warning really ๐Ÿ˜‰


 
Posted : 29/09/2011 1:33 pm
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In a legal sense, utter nonsense. It's them overtaking you, not you forcing them to do so.

I was under the impression directing traffic was an offense.


 
Posted : 29/09/2011 2:12 pm
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Yes, it's legal, provided you is slow:

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070306

"You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less."

The other is 'when directed to do so by a police officer'

I know this as I was cautioned for a number of late night driving offences by the dibble - were several instances of 'curve' smoothing over doubles..

The policeman in the marked car (he had been behind me for 5 miles)

He asked if there had been any slow cyclists or policeman on the road in order than I had been ok or required to cross the doubel whitelines...


 
Posted : 29/09/2011 3:11 pm
 Bez
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"In a legal sense, utter nonsense. It's them overtaking you, not you forcing them to do so."

I recall watching a TV programme which covered a similar scenario and the police did state that by indicating (in that case it was flashing a car waiting to pull out of a junction) you would be partially responsible for any accident resulting from the other driver proceeding on your suggestion.

And TBH I interpret flashed lights only as "I cede my priority", not as "it's safe to proceed" - which the "safe to pass" wave from a cyclist clearly is.


 
Posted : 29/09/2011 3:39 pm
 D0NK
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Downhill near me, pretty quick, limit varies 50/40/30 solid double white lines I'll be doing atleast 30 more like 40 on the faster parts, still get overtaken, even in the 30 zone while "taking the lane"


 
Posted : 29/09/2011 3:52 pm
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I may well avoid that stretch of road during busier times, as ive said before a rear facing camera shows a lot of ignorance by car drivers.


 
Posted : 29/09/2011 4:40 pm
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I'll be doing atleast 30 more like 40 on the faster parts, still get overtaken, even in the 30 zone while "taking the lane"

That's because you're on a bike and everyone knows that cars are faster than bikes. ๐Ÿ™„


 
Posted : 29/09/2011 5:02 pm
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I recall watching a TV programme which covered a similar scenario and the police did state that by indicating (in that case it was flashing a car waiting to pull out of a junction) you would be partially responsible for any accident resulting from the other driver proceeding on your suggestion.

They're wrong, sorry.

Flashing headlights has one meaning, which is to alert other road users to your presence. Indicators signal an intention to manoeuvre, you should never act solely on information gleaned from them. That's basic, driving lesson stuff.


 
Posted : 29/09/2011 6:16 pm
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Interesting points chaps...I'd thought one was ALWAYS responsible for one's own actions only.

For instance I've heard that if you pull out of a side road as a car is pulling up and indicating to turn into it (making your path clear), it's your fault if he doesn't turn ap indicated and you collide.


 
Posted : 29/09/2011 7:01 pm
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For instance I've heard that if you pull out of a side road as a car is pulling up and indicating to turn into it (making your path clear), it's your fault if he doesn't turn ap indicated and you collide.

Best bit of advice I was given was to look at which way the front wheels are going, generally the best indicator. I'd say the above is also your responsibilty as you've pulled out without being 100% sure.


 
Posted : 29/09/2011 7:06 pm
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cynic-al - Member

For instance I've heard that if you pull out of a side road as a car is pulling up and indicating to turn into it (making your path clear), it's your fault if he doesn't turn ap indicated and you collide.

I was taught never to pull out until you can see them going round the corner. You never know if the indicator has been left on accidentally.


 
Posted : 29/09/2011 7:08 pm
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I can see both points...but is there an expert that could answer definitively? Does fly in the face of what Bez etc said a bit...


 
Posted : 29/09/2011 7:17 pm
 Bez
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"They're wrong, sorry."

Wrong or not, it was plod saying it and if there's an accident they're the ones that write the report and do the prosecution thing.

I was surprised too, don't get me wrong (which is why it sticks in my mind), and I too thought you were always solely responsible for your own actions, and I was taught to take indication with a pinch of salt, and I always do. But it seems it's not that simple (or sensible).


 
Posted : 29/09/2011 7:41 pm
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Wrong or not, it was plod saying it and if there's an accident they're the ones that write the report and do the prosecution thing

If it had been CPS saying it you might have a point. A lot of plod don't know the law (actually none of the plod know all the law, but some of them are prepared to admit it - the others make it up as they go along).


 
Posted : 29/09/2011 8:12 pm
 Bez
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Fair enough - though in the absence of anything better I'll take plod's word over that of an Internet forum in this case ;). I guess we'd all certainly be happy for someone who's at least familiar with their onions to come along and put us all straight.


 
Posted : 29/09/2011 8:27 pm
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I ride on that section of road fairly frequently, particularly with my teenagers as part of our 'Wirral Loop'.
We basically blast it as quickly as we can, 'cos it scares the living death out of us!


 
Posted : 29/09/2011 8:38 pm
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