Can cars filter past stationary traffic?

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Thu 30 Sep 2010 21:23
Can cars filter past stationary traffic? - paddycomenack

Hello. Today I was turning right out of a minor road. The traffic on the nearside lane (a single lane) was stationary waiting for lights further up the road. Someone left a gap for me to get out but as I eased out I was hit by a car effectively filtering past the line of standing traffic,as motorcycles do.The law re bikes seems ambiguous,but is a driver creating their own lane acceptable?

Edited by paddycomenack on 30/09/2010 at 21:23

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Fri 1 Oct 2010 04:16
Can cars filter past stationary traffic? - LucyBC
Generally speaking if you are entering a road with priority you have to "give way" so you should have done in this instance.

The issue may be less clear cut if the other driver was not within the carriageway (ie was on the other side of the road) but if the road had two lanes or one lane sufficient to contain two car widths then you are almost certainly at fault.
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Fri 1 Oct 2010 16:47
Can cars filter past stationary traffic? - paddycomenack
He had to cross the single (outbound) lane line to overtake the stationary(outbound) queue and enter the inbound lane to "filter" hence he was on the wrong side of the road.That was why I was surprised on impact. I see case law re motorcycles filtering says the blame is 80% with the "filterer".It seems unfair that effectively I have to expect outbound oncoming traffic on the inbound lane. When the police do this manouevre I think they use there sirens to alert other drivers of their presence in this incorrect road position.
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Sat 2 Oct 2010 10:01
Can cars filter past stationary traffic? - paddycomenack

The Highway Code in Rule 88 for motorcyclists only

88

Manoeuvring. You should be aware of what is behind and to the sides before manoeuvring. Look behind you; use mirrors if they are fitted. When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes. Position yourself so that drivers in front can see you in their mirrors. Additionally, when filtering in slow-moving traffic, take care and keep your speed low.

Remember: Observation – Signal – Manoeuvre

Seems to allow bikes to make this manoeuvre but ther is no similar rule for cars. So surely keep left and don't overtake at a junction take precedent in this case.

Edited by paddycomenack on 02/10/2010 at 10:03

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Sat 2 Oct 2010 16:05
Can cars filter past stationary traffic? - LucyBC

It's probably a split liability outcome and could go anywhere. My feeling if he was sailing down at speed on the "wrong" side of the road you could be looking at 80:20 in your favour but I would not wish to second guess a judge without more information.

What was the value of damage to the vehicles involved and was anybody injured?

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Sun 3 Oct 2010 16:08
Can cars filter past stationary traffic? - paddycomenack

The value of both vehicles is low and nobody was injured so it may be knock for knock. But to me it seems wrong that someone who loses patience in a traffic queue and blithely drives down the outside of it and then hits someone emerging through a gap that´s been left on a SINGLE lane isn´t totally liable.

If it does not go my way I think this needs testing in a court,because otherwise I think it would be anarchy on the road. Why would anyone ever wait in a line of traffic? Just zoom down the outside and let the other drivers watch out for you.

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