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Re: Joining the dreaded list ...



Ken Haylock <KHaylock@xxxxxxxxxx> said:

> Sorry old chap, but I'm afraid you may be knackered - overtaking through a
> /green/ pelican crossing should be OK - if it was flashing amber you would
> be in the wrong and even done for 'without due care'. But overtaking through
> a junction? Nope - it'll be mostly down to you I'm afraid. 

Morally, I think you're right. From Tim's description, it sounds like
he was riding rather badly. However, legally, I think you're wrong.
The driver has failed to cede right of way, which is an absolute
offence. One problem is where the overtake at the pelican crossing
started - overtaking the lead vehicle in the zigzags before the
crossing is illegal, I'm not sure about the zigzags after the
crossing. There's also the minor point that if the vehicle Tim was
overtaking was travelling at or above the speed limit, then Tim was
speeding.

The same applies, incidentally, if a bike is overtaking a car which
turns right. It's (almost always) idiotic riding, but the driver is
(in terms of insurance) liable for the accident.

- -- 
Mike Fleming

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