Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Other subjects

Do cars have the right of way in driveways, on pavement?

12 replies

feistyzebra · 30/04/2004 20:56

Am getting fed up with "looks" from drivers when my children cross driveways as people are wanting to pull in and out...
IN California, the driveway is deemed to cross pavement and since pedestrians have the right of way on pavement, the driver must yield in order to cross and use off-road parking or enter a premises via a driveway. No matter what, driver would be deemed at fault if they hit anybody.

But, in the UK? What is the rule? Judging from the looks I get, and how many people mount the curb to get by obstacles, or just to park the car, or just to get into a badly designed parking spot, or just when they use their own house driveway -- presumably cars do have the right of way everywhere, then?

-Maybe I should have signed in as "SarkyZebra" today, eh?

OP posts:
moodyzebra · 01/05/2004 08:48

Nobody?

SoupDragon · 01/05/2004 09:04

Can't find anything with a Google search.

glitterfairy · 01/05/2004 09:07

Actually horses have the right of way over cars in all areas! I think it is usually up to the driver not because that is the legal position but that is the way it is. I have noticed though that drivers are getting increasingly intolerant of anyone not in a car. I do it to sometimes but of course am always right but I hate people who dont give way and that applies as much to pedestrians as to other drivers. I let a pregnant woman with twins cross the road the other day and the car behind honked me. My kids were enchanted when I wound down the window and let rip with a barrage of abuse at him!

carla · 01/05/2004 09:11

Well, we have a bus lane outside our drive, and I know that when I'm in the car I must let the buses pass before driving into it. This probably sounds bizarre (who would want a bus crashing into them) but I did wonder who had right of way and 'phoned up the Highway Code people about it.

We also have a cycle lane (and of course pavement) outside our drive, and I think it's a matter of common courtesy to let them pass before you pull in. Just give them a dirty look back!

jac34 · 01/05/2004 09:13

I always thought pedestrians had right of way on the pavement.I know that at a normal T junction, that if a pedestrian has already started crossing,they have right of way, and cars must give way.
However, not many drivers seem to remember this part of the Highway Code, and still try to mow you down.

Zerub · 01/05/2004 09:25

Found it! The Highway Code says give way to pedestrians on the pavement. Also give way to pedestrians who are already crossing the road into which you are turning.

And it says you shouldn't ever park on a pavement...

fisil · 01/05/2004 09:28

Yes, you actually have right of way when crossing over at a T junction. I'm afraid that I do just walk out if I'm on my own - although obviously I keep my ears and eyes open - but I am happy to let them stop for me.

On the pavement issue pedestrians do have a right of way. But I suppose drivers also have a right to raise the blood pressure, shorten their life and ruin their own day by getting all huffy if they want. So seeing as you're the one in the right, just carry on doing the right thing!

DP was told by his driving instructor "even if you have right of way over a pedestrian it wouldn't really stand up in court during the manslaughter trial." I think most motorists are aware enough to realise that and give in to any pedestrian that is assertive enough! (but then again, when you're with your children the risks aren't so attractive!)

moodyzebra · 01/05/2004 19:23

But I thought there was no such thing as committing manslaughter when driving?... The closest was "Causing death by dangerous driving", and police don't often prosecute for that, even. There are loads of well-discussed cases in the cycling community where a cyclist was killed by a driver who seconds before had received a phone call on their mobile (or whatever), and in spite of being implicated in causing the death, the driver inevitably gets off with nothing worse than a moderate fine. There was a child on a bike in a bus lane (Isle of Wight?) who was hit and left severely brain damaged by a car (which definitely, absolutely shouldn't have been there). The driver wasn't prosecuted by police, and the insurance company fought the case tooth and nail on the argument that the child shouldn't have been allowed in the road at all. The insurance company did lose that one, btw! And we all heard recently about the illegal immigrant who hit and killed a child and got off with... something that the tabloid media went beserk about. Might have been a relatively short jail sentence. The tabloids made out like he was Jacque Dangerous Foreigner getting off lightly, but really, it was the same punishment a British driver would have received, anyway.

Lisa78 · 01/05/2004 19:25

pedestrians have right of way everywhere, even on the road if they are daft enough to try and cross a busy road! But not a motorway

agy · 01/05/2004 19:47

You have to be careful though. Once when I was taking ds to playgroup a builders van was waiting to pull out of his drive across the pavement but not actually moving. I just walked on in front of it and, to my horror it started moving. The driver, being higher up than we were, hadn't seen us. Luckily his passenger saw us and said something to him. I still get the horrors when I think of it!

tallulah · 02/05/2004 09:49

The other side of this, of course, is when you are already reversing out of your driveway & someone sees that you are moving & decides to walk behind you anyway...

Our road curves slightly in both directions, so you have to be careful reversing out because the traffic comes flying around the corner in both directions. The driveway also slopes up to the road, making it more difficult to see. I do get fed up with people who then decide to walk behind me because I can't always see them... surely commonsense says that if a large vehicle is already moving you wait for it?

The worse thing is when people let their very small children run on ahead. We don't get this so much where we are now, but in our last house we had a family that did it every day. I did look out for them but sometimes the first I'd see of them was their smallest boy dashing behind my car & have to brake sharpish. (We lived on a very busy road & there's no way I'd have let any of mine run on like that for fear of them either tripping or running into the traffic). My Sedona has a high back & anyone shorter than the back window becomes invisible, once out of sight of the side mirrors.

Very garbled answer Zebra but really comes down to courtesy BOTH ways... yes the driver should wait for you, but if they are already manouevering then don't walk behind them!

Snugs · 02/05/2004 14:41

Whenever it is possible you should reverse INTO a driveway so that you have a clear line of sight when you are driving back out again. By far the safer option.

New posts on this thread. Refresh page