Right of way in residential area

briany · 11-02-2020 5:26pm #1

If I'm driving down a residential road (30 k/h limit) where there are cars parked on my left, such that I will have to move into the middle to overtake them, what's the protocol if I see a car coming towards me in the opposite direction. I mean, I know that I certainly should not proceed if the oncoming car is already in that narrowed section of road, but how far away is far enough for the oncoming car from the row of cars on my left such that I should proceed? Is this a judgement call I have to make each time?

Cordell · 11-02-2020 5:34pm

Right of way is not a thing here, it's only found in continental Europe (white/yellow rhomboid sign).
So both need to use their judgment

MascotDec85 · 12-02-2020 9:02am

Cordell wrote: »

Right of way is not a thing here, it's only found in continental Europe (white/yellow rhomboid sign).
So both need to use their judgment

Right of way is specifically stated in the Road Traffic Laws in the Irish Statute Book. Also, Yield signs sometimes just say “Yield” but often say “Yield Right of Way”

Edit: There’s also a whole section devoted to Right of Way on the test sheet.

MascotDec85 · 12-02-2020 9:08am

OP, in the situation you describe it will depend entirely on where both oncoming cars (yours and theirs) are in relation to the parked car.

If you move out to pass the parked car on your side of the road you must do so without causing the oncoming car to slow down or come to a stop.

You could literally approach the parked car 3 different times and deal with it in 3 different ways. Don’t bully your way through. As you’re going onto the other side of the road them the oncoming car has priority/right of way. Only pass if it’s safe to do so.

Cordell · 12-02-2020 11:07am

MascotDec85 wrote: »

Right of way is specifically stated in the Road Traffic Laws in the Irish Statute Book. Also, Yield signs sometimes just say “Yield” but often say “Yield Right of Way”

Edit: There’s also a whole section devoted to Right of Way on the test sheet.

Yes, but there is no situation in which you are given the right of way, only situations in which the others need to yield the right of way to you - subtle but important difference imho.

MascotDec85 · 12-02-2020 11:32am

Cordell wrote: »

Yes, but there is no situation in which you are given the right of way, only situations in which the others need to yield the right of way to you - subtle but important difference imho.

That’s just semantics tbh.
If driver (A) MUST give way to another (B) then (B) has the right of way over (A). However, if driving defensively we must always be prepared for someone to do something they shouldn’t.

Cordell · 12-02-2020 11:42am

It's more like setting a mindset that just semantics - you are never given the absolute right of way, you can see the difference in the continental Europe, where cars that have the right of way (via the priority / right of way sign) will be much more aggressive in taking advantage of it than here.

MascotDec85 · 12-02-2020 11:54am

I’m sorry but it’s about being very clear about things. This is why when arriving at crossroads for example, drivers often let others go out of sequence and it turns into a free for all.

Going back to the OP’s question the Road Traafic Act states:

9.—(1) A driver shall not overtake (or attempt to overtake) if to do so would endanger, or cause inconvenience to, any other person.

(2) A driver shall not overtake (or attempt to overtake) unless he can clearly see a portion of the roadway which—

(a) is free from approaching traffic, pedestrians and any obstruction, and

(b) is sufficiently long and wide to permit the overtaking to be completed without danger or inconvenience to other traffic or pedestrians.

Cordell · 12-02-2020 2:23pm

I beg to differ in regards to crossroads. In continental Europe they have yield and priority signs on each cross road (both without traffic lights, and with them as a fallback), so one stream of cars will go through with little regards to the crossing traffic because they see the priority sign which they consider it to be equivalent to having the green light, and this means very few cars on the crossroad go through, and also means accidents. So being very clear about things is not always the best.
IMHO the system here and the 4 way stop they have in the states is better.

But this has very little to do with the OP question

In that situation there is no clear rule in practical terms, it he cars were to collide then it's almost guaranteed to share the liability equally.

MascotDec85 · 12-02-2020 3:19pm

Cordell wrote: »

I beg to differ in regards to crossroads. In continental Europe they have yield and priority signs on each cross road (both without traffic lights, and with them as a fallback), so one stream of cars will go through with little regards to the crossing traffic because they see the priority sign which they consider it to be equivalent to having the green light, and this means very few cars on the crossroad go through, and also means accidents. So being very clear about things is not always the best.
IMHO the system here and the 4 way stop they have in the states is better.

But this has very little to do with the OP question In that situation there is no clear rule in practical terms, it he cars were to collide then it's almost guaranteed to share the liability equally.

I’m not talking about Continental Europe, I’m talking about Ireland. The rules are clear here but often people using the junctions are unclear or let other people go when in fact they should be going. It then causes confusion over time.

In terms of the OP’s question the traffic law, which I posted above, is unambiguous.

dsmythy · 16-02-2020 3:31am

Judgement each time unfortunately. For both drivers. All the good judgement in the world is useless if the other driver just plods along regardless even if you made the right decision that the path was clearer for you. Then you have the whole who is going to reverse showdown.

Slow down on approach to the situation. Look for outs in the line of cars, areas where space could be created for two cars to pass. Could even be one car in the line has its wheels on the kerb for example giving that extra gap. See this and you can be a bit more assertive in proceeding.

So yeah it depends.

L1011 · 16-02-2020 3:45am

MascotDec85 wrote: »

Also, Yield signs sometimes just say “Yield” but often say “Yield Right of Way”

The sign can have "Yield", "Yield Right of Way" or "Géill Slí" on it - there is absolutely no difference to its legal meaning. Its still RUS 026 in legislation regardless. I suspect you know/intended this, but it wasn't entirely clear if someone else saw the text and assumed it meant a difference.

MascotDec85 · 16-02-2020 9:43am

L1011 wrote: »

The sign can have "Yield", "Yield Right of Way" or "Géill Slí" on it - there is absolutely no difference to its legal meaning. Its still RUS 026 in legislation regardless. I suspect you know/intended this, but it wasn't entirely clear if someone else saw the text and assumed it meant a difference.

That’s exactly what I meant.

MascotDec85 · 16-02-2020 9:49am

From the Driving Testers Guildlines:

“Right of Way
An applicant should yield the Right of Way as required while moving off, overtaking, changing lane, at junctions, at roundabouts, turning right and turning left, or a fault may be recorded for ‘Right of Way’ as appropriate....”

Marcusm · 21-02-2020 7:51pm

briany wrote: »

If I'm driving down a residential road (30 k/h limit) where there are cars parked on my left, such that I will have to move into the middle to overtake them, what's the protocol if I see a car coming towards me in the opposite direction. I mean, I know that I certainly should not proceed if the oncoming car is already in that narrowed section of road, but how far away is far enough for the oncoming car from the row of cars on my left such that I should proceed? Is this a judgement call I have to make each time?

You will, if you are a good driver, develop an ability to scan ahead of you identifying the places where each of you can give way where there are gaps in the parked cars. Consideration is the key to making progress for everyone. Disappointingly many drivers merely see it as an opportunity to gain (fleeting) advantage rather than co-ordinating what is effectively a dance down the road as you each scoot in and out of available refuges.

Right of way in residential area

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