Q: Who has right of way when two vehicles are both on side roads (facing each other), each stopped at give way signs, and each wants to turn right on to the motorway?
I live west of Waipu and when I'm on Shoemaker Rd West facing east, waiting to turn right on to State Highway One and go south to Auckland, there is frequently a car on Shoemaker Rd East (facing west) and waiting to turn right on to SH 1 to go north to Whangarei. Who has right of way?
Andrea Hawcridge, Waipu.
You should both be able to go at the same time, in the absence of other traffic. If you are both turning right, your paths will not cross.
If you have a look at the Road Code, in the section "About Driving", subsection "Intersections", the diagram about giving way when two vehicles are turning right and both face the same signs depicts the exact situation you describe.
Q: Could I please get some clarification in regards to the rules around pedestrians in cross walks?
I usually walk down Hobson St (City Works carpark side of the road) and cross Wellesley St with the lights. I notice that motorists wishing to turn left on to Wellesley St from Hobson have to mind a left turn arrow.
More than once, I and other pedestrians have nearly been run over by these left-turning motorists while in the cross walk.
This has occurred when I have been partially across the road (in cross walk) when the red left turn arrow has disappeared, freeing the motorist to make their left turn on to Wellesley. Even though I still have a green light in my direction (the green walking man has turned to flashing red man), a few motorists have been quite rude and dangerous.
Do these left running motorists have the right of way? Do I have to yield to these left turning motorists if I have yet to step off the curb.
It seems that many of these motorists feel they have the right of way and that the pedestrians are in their way (and should not be surprised if they get run over).
Peter Cary, Auckland.
This is a common complaint, and the answer is quite simple. As laid out in the Road Code, under About Driving (The Give Way rules), it states that if you, as a motorist, are facing a green traffic signal, you may proceed, provided it is safe and you give way to pedestrians crossing. It's called duty of care.
*In the matter of advance cycle boxes in last Tuesday's column, the following legislation has been supplied:
Land Transport Road User Rule (2004)
3.2 Traffic signals in form of disc:
(5) While a steady red signal in the form of a disc is displayed or two alternately flashing red signals in the form of a disc are displayed:
(a) a driver of a vehicle facing the signal or signals must not enter the controlled area, but a cyclist may enter ahead of a marked vehicle limit line and stop behind a marked cycle limit line.