Motoring "Floodgates"

David Cameron has quite rightly described the flooding which has hit the South of England this year is a “tragedy” . Whilst the flooding itself is something over which motorists have no control, we have highlighted a couple of specific flooding related issues that could have an impact on your driving licence and pocket.

Road closures:

Understandably, due to the uncertain and unpredictable depth of flooding in certain parts of the roads, along with the risks of driving through them, steps have been taken to close a number of roads which are deemed unsafe.

These signs are there for a reason and should be obeyed. Failing to adhere to temporary road signage warning of flooding could result in a prosecution and fine, usually costing around £60.00. 

However, there are far more costly ramifications of being stranded along a road flooded road. The vehicle could be damaged to such an extent that it is written off, and the driver could be at risk of injury or even death. 

Driving without reasonable consideration for other road users:

Even where a road is not closed due to flooding, all drivers are at risk of receiving penalty points when driving on wet roads if you do not take extra care due to the higher risk of skidding etc. 

A less common scenario that could result in the prosecution of motorists is connected to the interaction between the motorist and pedestrians during wet weather spells. 

In 2005 a gentleman from Somerset received three penalty points and a fine of £150 for accidentally soaking workmen. A further case in 2009 saw a professional female lady prosecuted for filming her “happy splashing” and posting the video on YouTube.  

(Source- www.metro.co.uk)

Driving through puddles and deliberately soaking pedestrians could result in between 3-9 penalty points if the driver is found to have driven without reasonable consideration for other road users, regardless of any intention to splash. Deliberate attempts to drive closer to the pavement in an aim to soak pedestrians could result in loss of control of the vehicle, putting the safety of innocent pedestrians at risk.  The Crown must prove that another person was inconvenienced as a result of the motorist’s actions. This can be easily established in the case of an innocent pedestrian waiting at a bus stop who is drenched as a result of a driver who fails take appropriate consideration.

Whilst the potential to prosecute motorists for this offence is widely known by those in legal circles, most pedestrians are unaware of the formal punishment that the offenders may face and therefore most never report the offence.

Our Advice

We expect those affected by the floods will be preoccupied by the emergency measures being taken to prevent the loss of life and property. However, we may yet see a rise in flooding related motoring prosecutions.

As with the majority of steps that can be taken to avoid committing a motoring offence, motorists are advised to take care both of themselves and other road users, and employ a degree of common sense when driving in wet conditions. 

Watch Out For Wiggins!

The whole team at GeoffreyMiller Solicitors have been avidly watching the Olympics for the last couple of weeks. We were really excited to see Bradley Wiggins win the cycling time trial especially after his victory in the Tour De France.

Wiggo, pictured here leading the sportive in Barnoldswick today, has said that he hopes that more people will take up cycling and we echo his thoughts!

Wiggo in the Barnoldswick Sportive 19 08 2012

In anticipation of the country's roads filling with more cyclists than ever before, our team of specialist motoring lawyers decided to find out exactly what vehicle drivers have to look out for when they meet a cyclist on the road.

1    Cycle lanes

The rules are slightly different depending on whether a cycle lane is marked with a solid or a broken white line.

Where there is a solid white line you must not either drive or park in the cycle lane. If you do then you could be fined up to £1,000.00. Some cycle lanes are not always active. Outside the times of operation no restrictions apply.

Where there is a broken white line you should not drive or park in the lane unless it is unavoidable. You cannot be fined for this but it is a breach of the 

Highway Code.

If a cycle lane has waiting restrictions then parking in it will land you with a fine.

            Overtaking

It can sometimes be quite frustrating to get stuck behind a bicycle when it is holding you up by going slowly in front of you. You should never be tempted to overtake unless it is completely safe to do so. If this means crawling along at 5mph or even stopping then that is what you have to do. 

The basic rule is that you need to leave just as much space for a bicycle as you would for a car.

You should also stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left.

If you do not stick to the rules you could be prosecuted for careless driving or even dangerous driving in extreme cases. The likelihood of being prosecuted is increased dramatically if there is an accident.

           Opening your car door

Be careful when you open your car door. If you injure or endanger a cyclist (or anyone else for that matter) by doing so then could be committing an offence under the The Road Vehicles (Construction and Use) Regulations 1986 and you risk a fine of up to £1,000.00.

It is also highly likely that you will be liable in a civil claim for any passenger's negligence in opening their door onto a cyclist so watch out for your passengers' actions as well as your own.

       General advice

This is the general advice given in the Highway Code. Not following it is not a criminal offence in itself. Like all advice in the Highway Code it is a good idea to follow it so that you stay safe and avoid civil liability as well as a claim on your insurance.

It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of junctions, at roundabouts, overtaking you or filtering through traffic. Always look out for them before you emerge from a junction; they could be approaching faster than you think. When turning right across a line of slow-moving or stationary traffic, look out for cyclists or motorcyclists on the inside of the traffic you are crossing. Be especially careful when turning, and when changing direction or lane. Be sure to check mirrors and blind spots carefully.

When passing motorcyclists and cyclists, give them plenty of room (see Rules 162-167). If they look over their shoulder it could mean that they intend to pull out, turn right or change direction. Give them time and space to do so.

Motorcyclists and cyclists may suddenly need to avoid uneven road surfaces and obstacles such as drain covers or oily, wet or icy patches on the road. Give them plenty of room and pay particular attention to any sudden change of direction they may have to make.

       What should I do if…?

Cyclists in front of me are riding three abreast and blocking the road.

The cyclists are in the wrong. They should only ride two abreast on a normal road or in single file on a busy/narrow road. The fact that the cyclists are not obeying the rules of the road does not give you the right to do the same. You should drive behind the cyclists, keep a safe distance and wait until there is a safe place to overtake.

There is a bike in front of me who is 2-3 metres into the road. If he moved over I could get past. Can I sound my horn to get him to mover over?

No. Cyclists are entitled to ride away from the kerb to avoid potholes, debris and drains. You should not try to intimidate them.

I am waiting at a red light. A cyclist has undertaken me coming up to the junction. Is there anything that I can do?

It can be quite dangerous for bikes to pass on the nearside (passenger side). They are often in a motorist’s blind spot and can sometimes get crushed by trucks or buses. You should be particularly vigilant and always watch out for cyclists doing this.

It is not advisable to take the law into your own hands. You could potentially report the matter to the police but it is very unlikely that they would take any action. 

Winter Motoring Tips 2011

This week the teams in our London and Manchester offices have noticed a real dip in temperatures and an increase in enquiries about winter motoring issues. We find this is the time of year when unprepared drivers find themselves facing prosecution for motoring offences or even worse, involved in accidents that could have been avoided.

The Highway Code is not just for learner drivers but should be consulted every now and then even by the more experienced driver for the latest guidance on how to stay safe on the roads. Failure to follow the codes can be sufficient for the courts to find you guilty of careless driving carrying between 3-9 penalty points or a possible ban so it is worth taking a few moments to refresh your memory on some very useful tips from this extract from the Highway Code for winter driving:

Icy and snowy weather
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In winter check the local weather forecast for warnings of icy or snowy weather. DO NOT drive in these conditions unless your journey is essential. If it is, take great care and allow more time for your journey. Take an emergency kit of de-icer and ice scraper, torch, warm clothing and boots, first aid kit, jump leads and a shovel, together with a warm drink and emergency food in case you get stuck or your vehicle breaks down.
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Before you set off
• you MUST be able to see, so clear all snow and ice from all your windows
• you MUST ensure that lights are clean and number plates are clearly visible and legible
• make sure the mirrors are clear and the windows are demisted thoroughly
• remove all snow that might fall off into the path of other road users
• check your planned route is clear of delays and that no further snowfalls or severe weather are predicted
[Laws CUR reg 30, RVLR reg 23, VERA sect 43 & RV(DRM)R reg 11]

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When driving in icy or snowy weather
• drive with care, even if the roads have been treated
• keep well back from the road user in front as stopping distances can be ten times greater than on dry roads
• take care when overtaking vehicles spreading salt or other de-icer, particularly if you are riding a motorcycle or cycle
• watch out for snowploughs which may throw out snow on either side. Do not overtake them unless the lane you intend to use has been cleared
• be prepared for the road conditions to change over relatively short distances
• listen to travel bulletins and take note of variable message signs that may provide information about weather, road and traffic conditions ahead
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Drive extremely carefully when the roads are icy. Avoid sudden actions as these could cause loss of control. You should
• drive at a slow speed in as high a gear as possible; accelerate and brake very gently
• drive particularly slowly on bends where loss of control is more likely. Brake progressively on the straight before you reach a bend. Having slowed down, steer smoothly round the bend, avoiding sudden actions
• check your grip on the road surface when there is snow or ice by choosing a safe place to brake gently. If the steering feels unresponsive this may indicate ice and your vehicle losing its grip on the road. When travelling on ice, tyres make virtually no noise

We are happy to hear from motorists with any kind of motoring law enquiry, whether you are looking for guidance before you drive or after you have encountered a driving issue. We provide expert advice without charge so you have nothing to lose...call now 08000 85 27 84