Should I or shouldn't I?
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From: Palindrome on 6 Jul 2008 18:31 Periander wrote: > Alex Heney <me8(a)privacy.net> wrote in > news:blg274dn5u835jfn4s7uhfvhpb5p5fpds9(a)4ax.com: > >> If you are opening a vehicle door on the "traffic" side of the parked >> vehicle, it is your responsibility to make sure you are not opening it >> into the path of another road user. > > Road user includes pedestrians old bean, passengers can also be stuck on > for this offence for giving someone a ding (and quite rightly so in my > never humble opinion). > Believe it or not, I've indicated and stopped at a rural bus stop (no pavements) - only to have someone on a bicycle come up and overtake on the *inside*. Fortunately I did see him and kept the passenger door shut, until they had passed. It is a great shame that cyclists do have to share the road with other road users. But... -- Sue
From: Alex Heney on 6 Jul 2008 18:31 On Sun, 06 Jul 2008 10:46:30 +0100, Nick Finnigan <nix(a)genie.co.uk> wrote: >Periander wrote: >> %steve%@malloc.co.uk (Steve Firth) wrote in >> news:1ijmqdc.o45wv71p5469sN%%steve%@malloc.co.uk: >> >>> >>>Perhaps getting a clue would help you. The prohibition in the HC is on >>>opening the door and hitting someone or something with the door. If >>>the door has been opened and someone rides or drives into it then they >>>are in the wrong. >>> >>>The stupidity of cyclists seems to be without limit. Perhaps they >>>should be made to sit a test before being allowed on the roads? >>> >> >> >> Actually much as I like to laugh when a cyclist gets taken out as the >> result of his own folly (especially if there's blood, broken bones and a >> wrecked cycle) there is actually an offence of "Opening a door to the >> danger of road users". Don't ask me to quote act and section it's to >> late and I can't be arsed but it's there none the less. > > Construction and Use regulations. >A person shall not open, or cause or permit to be opened, any door of a >vehicle on a road so as to injure or endanger anyone. > > So you don't have to hit the cyclist, causing him to stop would count. >Still unclear as to whether a door left open would be dangerous. I don't think causing him to stop would count, provided he reasonably could do so. It is only endangering him if it is done at such time that the other road user cannot reasonably and safely take avoiding action. -- Alex Heney, Global Villager I don't have a solution but I admire the problem. To reply by email, my address is alexATheneyDOTplusDOTcom
From: Periander on 6 Jul 2008 18:38 Palindrome <me9(a)privacy.net> wrote in news:WIbck.160783$3p2.31721 @fe10.news.easynews.com: > Believe it or not, I've indicated and stopped at a rural bus stop (no > pavements) - only to have someone on a bicycle come up and overtake on > the *inside*. Fortunately I did see him and kept the passenger door > shut, until they had passed. Oh dear, when I am compelled to walk that's exactly the kind of cyclist I love to meet. Did I ever mention the time in St Johns Wood when various car, van, lorry and bus drivers wished to stand witness to the fact that a cyclist had hit me when he jumped a red? I wasn't hurt ... :-) -- Regards, Periander
From: Alex Heney on 6 Jul 2008 18:41 On Sun, 6 Jul 2008 15:31:25 +0100, %steve%@malloc.co.uk (Steve Firth) wrote: >JNugent <JN(a)NPPTG.com> wrote: > >> Danny Colyer wrote: >> > On 06/07/2008 10:46, Nick Finnigan wrote: >> >> Construction and Use regulations. >> >> A person shall not open, or cause or permit to be opened, any door of >> >> a vehicle on a road so as to injure or endanger anyone. >> >> >> >> So you don't have to hit the cyclist, causing him to stop would >> >> count. Still unclear as to whether a door left open would be dangerous. >> > >> > Thanks, Nick, for looking that up. It saves me trying to help Steve any >> > further. I'm pretty sure now that he's beyond help, anyway - he >> > certainly comes across as someone who is unfit to be in charge of any >> > type of vehicle on the public highway. >> >> What, even though the PP's post was a complete non-sequitur? > >Mr Colyer is feeing aggrieved and therefore needs to lash out at >someone. I suppose you think there may be a shred of evidence for that statement somewhere? I don't. > The fact that I have not advocated openign doors in front of >cyclists and that I have in fact said nothing other than that cyclists >are not exempt from paying the same attention to the road and other road >users as drivers/motorcyclists seems to have "whooshed' Mr. C. It will have "whooshed" anybody who can read, since that is simply not even close to what you said. Although you may have *thought* it was what you were saying, you were in fact wrong about what "other road users" responsibilities are, and therefore also saying that cyclists are greater than is in fact the case for other road users. It is only the responsibility of another road user to avoid an already open door. It is the responsibility of the person opening the door to do so in such a way that they do not cause danger to any other road user. Your post suggested that it is the responsibility of the other road user unless the door is only opened so that *it* hits them, rather than the other way around. > >Indeed he seem to think that proper observation, not making stupid >assumptions, being aware of the failings of other drivers and not >placing one's life in someone elses hands are the mark of a bad driver >who is "unfit to be in charge of any type of vehicle on the public >highway." That amuses me. There is not the slightest shred of a hint in anything he has said which could conceivably support that ludicrous suggestion. > >> Having to stop is not an injury; neither is it dangerous. It happens to >> me many times every day that I drive (or, for that matter, walk). > >It's somethign we all should be prepared for, and no one, especially not >someone who preens himself on being a cycling instructor, should be >considering an overtake at a junction. -- Alex Heney, Global Villager I didn't cheat, I just changed the Rules! To reply by email, my address is alexATheneyDOTplusDOTcom
From: Alex Heney on 6 Jul 2008 18:45
On Sun, 06 Jul 2008 15:41:03 +0100, Nick Finnigan <nix(a)genie.co.uk> wrote: >JNugent wrote: >> Nick Finnigan wrote: >> >>> Periander wrote: >>> >>>> Actually much as I like to laugh when a cyclist gets taken out as the >>>> result of his own folly (especially if there's blood, broken bones and a >>>> wrecked cycle) there is actually an offence of "Opening a door to the >>>> danger of road users". Don't ask me to quote act and section it's to >>>> late and I can't be arsed but it's there none the less. >> >> >>> Construction and Use regulations. >>> A person shall not open, or cause or permit to be opened, any door of >>> a vehicle on a road so as to injure or endanger anyone. >> >> >>> So you don't have to hit the cyclist, causing him to stop would count. >> >> >> "Count" as what? > > Count as an a contravention of the regulation. > >> It isn't an injury. It isn't an endangerment. > > Why else would a cyclist stop, other than being endangered? Because he has come to the end of his journey? Because he is at a "stop" sign, or a red traffic light? Because if he continued he *would* be endangered? It isn't "endangering" somebody to do something which causes them to stop, provided it only causes them to do so in a safe and reasonably way. It is inconveniencing them, which you still should not do without good reason, but which is not illegal under this law. -- Alex Heney, Global Villager PARANOID:Paying MORE for Surge-Protectors than Computers To reply by email, my address is alexATheneyDOTplusDOTcom |