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Undertaking in traffic

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  • Registered Users Posts: 11,747 ✭✭✭✭tomasrojo


    http://irishcycle.com/2017/02/07/timeline-mandatory-use-of-cycle-tracks/


    A cyclist must take care of pedestrians and be prepared for them to change direction.

    A cyclist must yield to pedestrian intending to board or get off a bus.

    There are many cycle lanes that pass on the same level as the path and pass exactly at the same point of the doors which to be honest is ridiculously bad.

    All stops should have a cyclist removed from that area and have them go behind the bus shelter or create a buffer zone.

    Looked more into this and in August the rules changed so the in limbo part has been fixed although it's taken many years for clarification.

    One must use a cycle track in pedestrian zones and also on contra flow sections of road where they must follow directions shown.


    I'm not sure if all of that is referring to the compulsion to use cycle tracks, but it was settled about six years ago, until the Gardaí and RSA decided that they'd try to put the blanket requirement to use them back in place, with Ross as the useful sloth who knew nothing about transport and cared even less.


  • Registered Users Posts: 14,015 ✭✭✭✭Mc Love


    I'd prefer to pass on the right, as it's normally too tight on the left and even if there is room to pass on the left, there's the chance of being doored by the parked cars/cars in traffic. I just take my cue from motorbikes and pull in if there's oncoming traffic. Even when I'm waiting I've seen cyclists pass on the left, who must think I'm mad to be waiting to try and overtake


  • Registered Users Posts: 6,440 ✭✭✭cdaly_


    yep, i had an interesting lesson in such the other day. cycling up the inside of stopped traffic; there was a taxi indicating left, but stopped and several cars back from the red light (at which there's a left turn a lot of cars take), so i went up the inside. however, as i did so, he pulled in to the kerb, i assume because the fare decided they'd gotten close enough to their destination to get out.

    Is it possible that the taxi driver was looking out for you, realised his/her passenger was likely to open the door and moved to block you 'cos then they'd be just an asshole taxi driver rather than the defendant in a dooring case?


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,629 CMod ✭✭✭✭magicbastarder


    i certainly can't rule that out.


  • Registered Users Posts: 521 ✭✭✭Madd Finn


    Saw a doozie this morning which raises interesting conundrum about overtaking on the left and driving/cycling with undue care.

    Situation:
    Long line of stationary traffic at a red light.
    About 40-50m before traffic light there is a laneway to the left.
    A car approaching from the opposite direction wants to turn right into the laneway.
    The entrance to the laneway is clear, traffic is stationary so it moves across the traffic to proceed down laneway.
    Cyclist approaches overtaking the stationary traffic on the left and at some pace.
    Cyclist and motorist see each other at the last minute. Motorist brakes; cyclist veers on to the pavement across the front of the car.
    Cyclist dismounts and approaches car before it enters laneway. Cue angry altercation with much thumping of bonnet and pointing of finger from irate cyclist and angry rejoinders from motorist.

    Who would be at fault here?
    On the one hand, the cyclist has right of way because he was proceeding straight while motorist was turning right.
    As against that, the motorist was driving slowly enough that he could stop in time without hitting cyclist, who was moving so quickly that he had to veer on to the pavement.
    Nobody hurt, but if there were pedestrians on the pavement (and there is a school on that street!) there could have been carnage.

    Interesting one.


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  • Moderators, Politics Moderators Posts: 39,070 Mod ✭✭✭✭Seth Brundle


    Cyclist was in the right by the sounds of it. Car was 100% in the wrong.
    Motorist was crossing a lane of traffic and didn't appear to yield properly.
    Cyclist wasn't going too fast (no speed limits for cyclists) and they were forced off their line onto the footpath..


  • Moderators, Politics Moderators Posts: 39,070 Mod ✭✭✭✭Seth Brundle


    Sorry I should have added, thumoping the bonnet of the car is a no-no!


  • Registered Users Posts: 4,086 ✭✭✭Bambaata


    Car in the wrong, reaction by cyclist not right but i've been hit in such a scenario, cracking my thumb and frame in the process! A no quibble settlement with his insurers without any fault being put my way. It was like a slow motion moment when you just cant do anything about it!


  • Registered Users Posts: 8,220 ✭✭✭07Lapierre


    Madd Finn wrote: »
    Saw a doozie this morning which raises interesting conundrum about overtaking on the left and driving/cycling with undue care.

    Situation:
    Long line of stationary traffic at a red light.
    About 40-50m before traffic light there is a laneway to the left.
    A car approaching from the opposite direction wants to turn right into the laneway.
    The entrance to the laneway is clear, traffic is stationary so it moves across the traffic to proceed down laneway.
    Cyclist approaches overtaking the stationary traffic on the left and at some pace.
    Cyclist and motorist see each other at the last minute. Motorist brakes; cyclist veers on to the pavement across the front of the car.
    Cyclist dismounts and approaches car before it enters laneway. Cue angry altercation with much thumping of bonnet and pointing of finger from irate cyclist and angry rejoinders from motorist.

    Who would be at fault here?
    On the one hand, the cyclist has right of way because he was proceeding straight while motorist was turning right.
    As against that, the motorist was driving slowly enough that he could stop in time without hitting cyclist, who was moving so quickly that he had to veer on to the pavement.
    Nobody hurt, but if there were pedestrians on the pavement (and there is a school on that street!) there could have been carnage.

    Interesting one.

    Cyclists is always at fault! ;) Was the cyclists wearing Lycra? Sure he doesn't even pay road tax so shouldn't have been on the road in the first place!

    Seriously , id say the cyclist bears some responsibility in that you should always ride with due care and attention and this sounds like a situation that the cyclist should have anticipated. Motorist should also have anticipated that a cyclist could be approaching (if their was a cycle lane).


  • Registered Users Posts: 521 ✭✭✭Madd Finn


    The fact that the motorist could stop in time would suggest that it did indeed "yield properly".

    The fact that there is "no speed limit for cyclists" (is that even true? I suspect a typical cyclist is unlikely to be able to achieve 30-50kmph in street traffic, so it's probably only by default) doesn't absolve the cyclist, like any other road user, from the obligation of "due care and attention".

    If you're overtaking traffic on the left surely there is an obligation to do so in a manner that not only lets you the cyclist observe potential hazards in time but also lets other road users, eg motorists making perfectly permissible right hand turns, see you in time?

    End of the day, no harm done in this case but I wonder where the blame would have fallen if there had been pedestrians on the pavement who were hit by a rapidly moving cyclist.

    PS No cycle lane.


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  • Moderators, Sports Moderators Posts: 24,545 Mod ✭✭✭✭CramCycle


    Cyclist was in the right by the sounds of it. Car was 100% in the wrong.
    Motorist was crossing a lane of traffic and didn't appear to yield properly.
    Cyclist wasn't going too fast (no speed limits for cyclists) and they were forced off their line onto the footpath..

    Just because there is no speed limit doesn't mean they could not have been going too fast for the conditions. The fact that they both see each other last minute implies that neither were travelling to the conditions. The driver is 100% in the wrong but that doesn't mean the cyclist was 100% in the right. Hard to say for certain with out knowing all the conditions but I just wouldn't be so quick to say that the guy overtaking on the left is 100% in the right. If you had two lanes of traffic, you would be expected to travel in the left lane (should the right be at a standstill), with the idea that you should expect the unexpected, traffic crossing, traffic pulling out, pedestrians coming out from between vehicles etc. This would also imply that if the speed limit was 80kmph, you shouldn't be tipping along at 80kmph in the lane beside, same goes for if the speed limit was 50 or 30.


  • Registered Users Posts: 521 ✭✭✭Madd Finn


    CramCycle wrote: »
    Hard to say for certain with out knowing all the conditions but I just wouldn't be so quick to say that the guy overtaking on the left is 100% in the right. If you had two lanes of traffic, you would be expected to travel in the left lane (should the right be at a standstill), with the idea that you should expect the unexpected, traffic crossing, traffic pulling out, pedestrians coming out from between vehicles etc.

    That's exactly the issue, to my mind. It wasn't the fact that the cyclist was overtaking on the left (single lane traffic, no cycle lane, painted or otherwise) which he is entitled to do if the traffic is stationary. It was the speed at which he was travelling in those circumstances.

    The motorist was making a legal turn and proceeding as if his way was clear. Which it was until the cyclist materialised at pace from beside a stationary vehicle.

    Bottom line: the car stopped. The cyclist couldn't. Who was driving with undue care?


  • Registered Users Posts: 521 ✭✭✭Madd Finn


    07Lapierre wrote: »
    Cyclists is always at fault! ;) Was the cyclists wearing Lycra? Sure he doesn't even pay road tax so shouldn't have been on the road in the first place!

    As a frequent cyclist, I have to disagree. But I also firmly believe that cyclists are SOMETIMES at fault in collision situations. Case by case basis.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,629 CMod ✭✭✭✭magicbastarder


    Madd Finn wrote: »
    The fact that the motorist could stop in time would suggest that it did indeed "yield properly".
    jamming on the brakes because you see a cyclist at the last second is not 'yielding' per se.


  • Registered Users Posts: 1,295 ✭✭✭Martin567


    jamming on the brakes because you see a cyclist at the last second is not 'yielding' per se.

    I don't think anyone can judge the specific incident unless they were there.

    The car was making a legal right turn. They should having been inching the front of their car past the stopped car until they could see if there was a cyclist coming up the inside. It's not easy as they wouldn't see the cyclist until the last second especially if the bike was travelling quickly.

    Both motorist and cyclist should be proceeding with care in this situation and show proper awareness of the potential dangers. Without being there it is impossible to say who was more at fault.


  • Registered Users Posts: 521 ✭✭✭Madd Finn


    jamming on the brakes because you see a cyclist at the last second is not 'yielding' per se.

    Er, yes it is. :confused: Or at least, it could be.

    One must always be able to stop within one's field of view. If the field of view was clear when he started his turn then the motorist is behaving properly. If a hazard suddenly appears, he must be able to stop in sufficient time. It's called an emergency stop and is one of the requirements for passing a driving test.

    It would seem to me that if the hazard which materialised was due to the speed at which the cyclist was approaching from out of view alongside a line of stationary traffic, then it is the cyclist that has caused the incident. By "jamming on the brakes" the motorist had left himself enough leeway to avoid hitting the cyclist. By veering across the front of the car, because stopping in sufficient time was not an option, the cyclist was putting himself, and any pedestrians that might have been on the pavement, in danger.

    Cyclist was behaving with undue care in this instance, I believe.

    Although if there had been injuries, I suspect a judge might have held the motorist at least partly responsible.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,629 CMod ✭✭✭✭magicbastarder


    Madd Finn wrote: »
    Er, yes it is. :confused: Or at least, it could be.

    Although if there had been injuries, I suspect a judge might have held the motorist at least partly responsible.
    that's why i said per se.

    of course the motorist would be found responsible; they would have crossed over a lane of traffic and hit someone who had right of way. a colleague won a case in very similar circumstances (insurance, rather than a court case) and he wasn't even hit - he sustained injuries coming off the bike while trying to avoid being hit. the driver's insurance company assumed full liability on the driver.


  • Registered Users Posts: 59 ✭✭Polar wizard adventure


    cyclist materialised

    Good one!


  • Closed Accounts Posts: 2,281 ✭✭✭CrankyHaus


    I've been on both sides of this, motorist making the right and cyclist with right of way passing stopped traffic on the left. IME if the car goes slow enough they minimise the chance of a collision and most cyclists are very courteous about letting the car pass. The issue usually arises more from cars wellying into a gap without even considering that a bicycle might be approaching.


  • Registered Users Posts: 3,610 ✭✭✭stoneill


    Ray Palmer wrote: »
    Law please, your interpretation doesn't sound complete. As far as I know a bus can't just pull up to a cycle lane with a cyclist in it and let passengers out. The bus driver should yield to the traffic i.e. the cyclist and wait till they pass.

    You may agree or disagree but what is the law you are talking about rather than me have to ask what you mean.

    I don't think I have ever seen a cycle lane go through a bus stop.
    The bus stop (as far as any I have seen ) is clearly delineated with the cycle lane stopping at the bus stop and starting again after the bus stop.

    Bus get there first, pulls in, lets people on and off - you have to wait or pass on the right.


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  • Moderators, Sports Moderators Posts: 24,545 Mod ✭✭✭✭CramCycle


    Good one!
    stoneill wrote: »
    I don't think I have ever seen a cycle lane go through a bus stop.
    The bus stop (as far as any I have seen ) is clearly delineated with the cycle lane stopping at the bus stop and starting again after the bus stop.

    Bus get there first, pulls in, lets people on and off - you have to wait or pass on the right.

    Several do on my commute but they are often marked with a yield sign on the cycle path before the stop. I always yield, not everyone on a bike does, those people are sh1tty. On the same note, the driver should not open his doors until it is clear it is safe to do so. The law has it's place but decency and manners should not be forgotten, the road to hell is paved with people who were legally correct.


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Madd Finn wrote: »
    Er, yes it is. :confused: Or at least, it could be.

    One must always be able to stop within one's field of view. If the field of view was clear when he started his turn then the motorist is behaving properly. If a hazard suddenly appears, he must be able to stop in sufficient time. It's called an emergency stop and is one of the requirements for passing a driving test.

    It would seem to me that if the hazard which materialised was due to the speed at which the cyclist was approaching from out of view alongside a line of stationary traffic, then it is the cyclist that has caused the incident. By "jamming on the brakes" the motorist had left himself enough leeway to avoid hitting the cyclist. By veering across the front of the car, because stopping in sufficient time was not an option, the cyclist was putting himself, and any pedestrians that might have been on the pavement, in danger.

    Cyclist was behaving with undue care in this instance, I believe.

    Although if there had been injuries, I suspect a judge might have held the motorist at least partly responsible.

    I agree.

    When undertaking or filtering cyclistshould go slowly so they are able to stop.

    But too many go way too fast them blame every else.

    Also cyclists often over estimate what a drive can see and their field of vision and under estimate the blind spots. We've an Astra in the family and it has brutal vision over the rear 3/4. Very stressful around lots of cyclists. As a cyclist I'm very aware of it.


  • Registered Users Posts: 879 ✭✭✭eclipsechaser


    Madd Finn wrote: »
    Bottom line: the car stopped. The cyclist couldn't. Who was driving with undue care?

    If you were driving and a car coming in the opposite direction pulled a across your lane and braked, with you hitting into the side of their car, would you think that you were the one driving with undue care?


  • Registered Users Posts: 11,747 ✭✭✭✭tomasrojo


    cyclist materialised
    Good one!

    503206.jpg


  • Registered Users Posts: 11,747 ✭✭✭✭tomasrojo


    CramCycle wrote: »
    Several do on my commute but they are often marked with a yield sign on the cycle path before the stop. I always yield, not everyone on a bike does, those people are sh1tty. On the same note, the driver should not open his doors until it is clear it is safe to do so. The law has it's place but decency and manners should not be forgotten, the road to hell is paved with people who were legally correct.


    I found out the alarming way to slow down and have a good look around before going through a yellow box with traffic stalled before and after.


  • Registered Users Posts: 879 ✭✭✭eclipsechaser


    Madd Finn wrote: »
    As against that, the motorist was driving slowly enough that he could stop in time without hitting cyclist, who was moving so quickly that he had to veer on to the pavement.

    The speed at which you turn into someone else's lane does not make it more or less legal. You don't cross lanes unless you're sure it's clear. Period.


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    tomasrojo wrote: »
    503206.jpg

    You laugh, but your missing an important consideration about lines of sight, speed etc.


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    The speed at which you turn into someone else's lane does not make it more or less legal. You don't cross lanes unless you're sure it's clear. Period.

    If you switch lanes with no warning and aggressively or fast it can be considered dangerous and drinking with out due care etc.


  • Registered Users Posts: 521 ✭✭✭Madd Finn


    If you were driving and a car coming in the opposite direction pulled a across your lane and braked, with you hitting into the side of their car, would you think that you were the one driving with undue care?

    That hardly applies to the case here, which revolves around the issue of sudden appreciation of a situation on both the part of the cyclist and motorist. Both, in my view, should have a duty of care to approach the situation giving themselves enough leeway to avoid unfortunate consequences. That's called "proceeding with due care and attention".

    They were each performing perfectly legal manoeuvres: the cyclist proceeding along a straight road; the motorist making a legitimate right turn. This caused each of them to become aware of the other's presence on an imminent collision course with very little notice.

    In my view, this was mainly because of the speed at which the cyclist approached the junction. Granted, it's a tough case. It's a not very visible laneway on either side of which cars are parked very close (too close in my view) to the entrance. It's difficult to see approaching cyclists.

    So motorists attempting a right hand turn into that entrance have a big duty of care to look out for bicycles especially when stationary traffic is backed up from the nearby lights as was the case here.

    Did the motorist do so in this case? I think he did but if you're asking would the cyclist have avoided him if he had held his course instead of swerving I would not be able to answer truthfully. It happened so quickly. Having said which, the fact that the cyclist had time to skid to a halt on the pavement, throw his bike down and then approach the car to remonstrate with the driver before he had completed his turn into the laneway would suggest that there was a bit of clearance on the road for the cyclist to pass had he appreciated the situation earlier.

    I think the point though is that if injuries had occurred, especially from a collision between the cyclist and any pedestrians on the footpath, the motorist would have a very hard job pleading innocence. Even though he had managed to stop before hitting the cyclist.

    Might be worth investing in a dash cam, drivers :)

    (Disclaimer: I have no financial interest in any company making or selling dash cams)

    Even so: would it have done him any good if a case arose?


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  • Registered Users Posts: 521 ✭✭✭Madd Finn


    Just saw this!

    FYI this right-turn near miss occurred on the "most dangerous road in the country", according to Gardaí!

    Let's be careful out there, guys! It's worse than Hill Street :)


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