Not sure what to do ... accident waiting to happen

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Wed 18 May 2011 01:35
Not sure what to do ... accident waiting to happen - Ultramum

My daily journey home at about 8.30am takes me along a section of 20mph limit road with a left hand bend in it. There is often a vehicle parked on the outside of the bend opposite a high brick wall. Oncoming vehicles are leaving a large housing estate, usually on the school run. They cut the corner at speeds in excess of 30mph - rather than pulling in behind the parked car and checking that the road is clear before proceeding.

In the last year I have had to make three emergency stops and narrowly avoided another head on collision when the car swerved inwards at the last minute when I sounded my horn. I have left a note (this time last year) on the windscreen of the car asking whether they would consider parking in a different place but nothing has happened. Local police say that the car is not illegally parked so there is nothing they can do.

I have sounded my horn as I approach the the vehicle to warn to other road users of my presence and, as stated above, this has successfully averted a collision. I have tonight been visited by the police after a complaint about my use of the horn and have been told that if I continue to sound my horn they will caution me and then if I still use my horn they will impound my vehicle.

This is an accident waiting to happen and I would prefer it not to happen to me. I had serious injuries after my car was hit by a bus two years ago (not my fault) and am not yet fully recovered. I am concerned that any collision may aggravate my pre-existing injuries and make me unable to care fore my disabled son again.

Is there any advice you can give me on driving techniques or similar to help me stay safe as I drive this journey. There is no alternative route available to me.

Edited by Ultramum on 18/05/2011 at 01:36

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Wed 18 May 2011 03:35
Not sure what to do ... accident waiting to happen - jamie745

Well, Police wont do anything as the car (or rather its owner) isnt breaking the law. And nor are you for a start, its not illegal to sound your horn at 8.30am and the last time i read the highway code, granted it may have been updated since, i am sure it said the horn is to be used to warn other road users of your prescence or to be used to warn of or when in a dangerous situation, sounds fair enough to me.

The school run time is typically a time for poor driving anyway, mothers half distracted by the screaming snot machines in the back etc and generally people in a rush. Whoever owns that car probably hasnt moved it because there is nowhere else to park it, if thats where they live then they're paying extra on insurance to keep it on the road as it is, im sure they'd park it elsewhere if it were an option, one day somebody will either crash into it or an oncoming moving vehicle and damage it and then they'll put a 15 foot zebra crossing and lots of stop signs up.

Really the only thing you can do is remember that you know the obstacle and the issues it causes are there, drive with care accordingly, foreknowledge of a possible problem is very useful and get yourself through that sticky stretch, as for everybody else, sod them, its their problem. If they crash into it it'll save you having to do it.

But im sure its not illegal to sound the horn at 8.30am. Last time i looked police cannot impound cars for not breaking the law.

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Wed 18 May 2011 08:55
Not sure what to do ... accident waiting to happen - Dwight Van Driver

Make a complaint to your local Traffic Management Dept of your local Council.They may some spare tins of yellow paint and/or other measures to resolve your problem.

dvd

Edited by Dwight Van Driver on 18/05/2011 at 08:57

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Wed 18 May 2011 10:54
Not sure what to do ... accident waiting to happen - injection doc

Years ago i complained to the police and local council in writing about a slip road that joined a two way road in a railway cutting, on the slip road was a " one way sign " but there were no two way traffic signs or road markings to indicate you were joining a two way road that also had a bend and a 50 mph limit.

I had often seen cars driving down side by side and the look of horror on the drivers faces when they saw a car coming in another direction was astonishing ! However no action was taken and only 6 weeks later a motorcyclist was killed in a head on collision where a toursit thought the road was a dual carrigeway ! After the death the road had clear markings in both signs and arrows in the road !

Rather drastic measures to get the council and police to take note! My letter of complaint prior to the death had been logged at the council.

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Wed 18 May 2011 11:06
Not sure what to do ... accident waiting to happen - nortones2

I'd have a word higher up the chain! There is no "right" to park on the highway, but there is a duty not to cause an obstruction. This vehicle seems to be placed to cause difficulty. Some police forces might view the situation differently to yours. From Dartford BC site:

" Obstruction of highway includes parking on footways, inconsiderate parking on carriageways and cycleways. This also includes obstruction by items other than cars.

  • This may be dealt with by Kent Police under Section 137 of the Highways Act 1980"

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Wed 18 May 2011 12:57
Not sure what to do ... accident waiting to happen - Ultramum

Thank you for all your messages ...

jamie745 - Police have advised that my sounding my horn will result in action being taken by them against me using noise legislation but cannot give me any other advice in how to keep safe apart from putting my lights on. Cars cutting the corner are unable to see my vehicle from their position whether my lights are on or off.

Dwight Van Driver - email being composed right now to the Road Safety Chief at the Council :-)

injectiondoc - Police have basically said - not in so many words - that nothing will be done until there is an accident.

nortones - inconsiderate parking on carriageways - Think I shall be adding that phrase to my email

Crawled past at about 5mph this morning - only problem, as pointed out by a friend, is that if someone else beeps my progress I may get it in the neck!!!

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Wed 18 May 2011 19:14
Not sure what to do ... accident waiting to happen - Ben 10

HIGHWAY CODE

217. DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop

• near a school entrance
• anywhere you would prevent access for Emergency Services
• at or near a bus stop or taxi rank
• on the approach to a level crossing
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
• near the brow of a hill or hump bridge
• opposite a traffic island or (if this would cause an obstruction) another parked vehicle
• where you would force other traffic to enter a tram lane
• where the kerb has been lowered to help wheelchair users
• in front of an entrance to a property
• on a bend.

92. The horn. Use only while your vehicle is moving and you need to warn other road users of your presence. Never sound your horn aggressively. You MUST NOT use your horn

• while stationary on the road
• when driving in a built up area between the hours of 11.30 pm and 7.00 am

except when another vehicle poses a danger.


Edited by Ben 10 on 18/05/2011 at 19:17

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Thu 19 May 2011 01:15
Not sure what to do ... accident waiting to happen - Ultramum

Hmmm ... don't think they are 10 m from the junction - when I pull prior to passing I am across the junction with the tail end of my car (4.25m long). Gonna see if I can measure it on Google Earth :-)

They are definitely on the bend ...

What's the difference in the Highway Code when it says You MUST NOT as opposed to DO NOT?

I use(d) my horn to warn oncoming traffic of my presence - whilst moving, mainly at 8.30am and then on 1/2 occasions at maximum - probably between 12 noon and 3.30pm and never out as late as 11.30pm!!!

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Sun 22 May 2011 20:16
Not sure what to do ... accident waiting to happen - OG

A MUST NOT is something which would be against the law, a DO NOT just goes against good practice.

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Sun 22 May 2011 23:22
Not sure what to do ... accident waiting to happen - Avant

"I have tonight been visited by the police after a complaint about my use of the horn and have been told that if I continue to sound my horn they will caution me and then if I still use my horn they will impound my vehicle."

This doesn't sound right. Are you sure these were genuine police officers? If you weren't breaking the law this seems very heavy-handed of the police, and I've never heard of this being a reason for impounding someone's vehicle.

Maybe Lucy or one of our other legal experts would care to comment on this aspect.

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Mon 23 May 2011 02:40
Not sure what to do ... accident waiting to happen - jamie745

Sounds more like a disgruntled neighbour with a fancy dress police outfit to me who doesnt like the horn in the morning. Noise legislation is a grey area anyway, and rarely carries any legs, if it did i'd have had the neighbours children put in prison by now. And it is not illegal to sound a horn at that time especially in that situation. If anyone does take you to court, just show the magistrate the google earth photo of the road and be done with it.

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Tue 24 May 2011 17:31
Not sure what to do ... accident waiting to happen - concrete

Hello All, I think the message posted by Ben10 says it all. As usual the police take the easiest line. They should in fact warn the owner of the parked car that they are causing a nuisance or even a danger to other road users, but if you pardon the pun 'they have copped out'. I would certainly write to your councillor and copy the police officer in charge of the traffic division, your local newspaper and the chairman of the council committee for road management. A nuisance near me some years ago refused all attempts to pursuade him to park more considerately, that is until his parking resulted in a near collision between two skip lorries. During hard breaking a skip dislodged and fell onto his car. He never parked there again! Best of luck with your efforts. Cheers Concrete

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