Home Forums Chat Forum So is it legal to overtake a cylist by crossing a white line on the road

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  • So is it legal to overtake a cylist by crossing a white line on the road
  • deadlydarcy
    Free Member

    Look, the first 2 or 3 seconds of that video look like an arse or a fanny or something!

    toppers3933
    Free Member

    taken from chapter 5 of the traffic signs manual referencing the tsrgd.
    hth.

    GENERAL

    5.1 Double white lines (see figure 5-1) are used to
    prohibit overtaking where visibility is restricted.
    Drivers may cross the line nearer to them when it is
    broken, but not when it is continuous. The legal
    requirements conveyed by the markings are specified
    in regulation 26(2) of the Traffic Signs Regulations
    and General Directions 2002 as follows:

    (a) no vehicle shall stop on any length of road
    along which the marking has been placed
    at any point between the ends of the
    marking, and

    (b) every vehicle proceeding on any length of
    road along which the marking has been so
    placed that, as viewed in the direction of
    travel of the vehicle, a continuous line is on
    the left of a broken line or of another
    continuous line, shall be so driven as to
    keep the first-mentioned continuous line
    on the right hand or off side of the vehicle.

    Exceptions are set out in regulations 26(4), 26(5)
    and 26(6), which list the circumstances in which
    vehicles are permitted to stop on a road marked with
    double white lines and the occasions when vehicles
    may cross a continuous line. The restriction on
    stopping in (a) above applies whether the line closest
    to the vehicle is continuous-or broken. However, on a
    road with more than one traffic lane in each direction
    the stopping restriction does not apply. A separate
    traffic regulation order would therefore be necessary
    to prohibit waiting or loading on, for example, an
    urban four-lane road (see para 5.26).

    TandemJeremy
    Free Member

    TJ, its a 30mph road, big red custard signs painted on the road, along with signs and sharks teeth on the approaches, seems as if some motorists didnt want to obey the rules.

    In that case middle of the lane and make the cars wait until there was no traffic the other way / you could see the road was clear then tuck in and wave ’em past. The truck (at least) would have had me sitting up and staring them down. No way would I be tucked into the kerb like that.

    Get on to sustrans / whoever is in charge of the cycle route about it as well – no way should a road like that be a part of a national cycle route when its so dangerous / carcentric. Its asking for cyclists to get killed

    Needs the centre line moved over so a cycle lane can be put on the uphill side. Not needed downhill

    project
    Free Member

    Deadlylarcy, thats my jhand between finger and thumb.

    deadlydarcy
    Free Member

    Phew 🙂

    Bez
    Full Member

    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.

    thegreatape
    Free Member

    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.

    DezB
    Free Member

    In that case middle of the lane and make the cars wait

    Thats what I love, a bit of practical advice!

    Cougar
    Full Member

    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.

    mastiles_fanylion
    Free Member

    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.

    project
    Free Member

    I signal overtake manoevres when safe to do so , after checking the mirrors, just incase a power ranger decides to overtake.

    GrahamS
    Full Member

    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.

    cynic-al
    Free Member

    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.

    aracer
    Free Member

    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.

    maccruiskeen
    Full Member

    Was there not a case a few year back where the police prosecuted a cyclist because he was making motorists cross the white lines in order to pass him.

    GrahamS
    Full Member

    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

    deadlydarcy
    Free Member

    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.

    mastiles_fanylion
    Free Member

    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 🙂

    cynic-al
    Free Member

    MF – I thought you knew the Highway Code?

    Taff
    Free 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.

    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

    surfer
    Free Member

    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.

    mastiles_fanylion
    Free Member

    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 😉

    fourbanger
    Free Member

    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.

    rootes1
    Full Member

    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…

    Bez
    Full Member

    “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.

    D0NK
    Full Member

    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”

    project
    Free Member

    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.

    donsimon
    Free Member

    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. 🙄

    Cougar
    Full Member

    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.

    cynic-al
    Free Member

    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.

    donsimon
    Free 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.

    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.

    druidh
    Free Member

    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.

    cynic-al
    Free Member

    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…

    Bez
    Full Member

    “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).

    aracer
    Free Member

    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).

    Bez
    Full Member

    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.

    TrekEX8
    Free Member

    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!

Viewing 37 posts - 41 through 77 (of 77 total)

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