Overtaking Stationary Traffic

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It is straight forward, although worded to confuse.

1) A motorised vehicle cannot overtake another motorised vehicle in the controlled(zig-zag) area, whereas a motorised vehicle can overtake anything else(including bicycles) in the controlled area.
A bicycle can overtake/filter passed any vehicle in the controlled area with the exception of the following law labelled 2.

2) No vehicle can overtake the vehicle closest to the crossing when that vehicle has stopped to allow someone to use the crossing.

That's not correct. The "driver of the vehicle" refers to "a motor vehicle". If it meant any vehicle including bicycles it would say "driver of a vehicle" not "driver of the vehicle". Therefore the subsequent two clauses refer only to motor vehicle drivers, not cyclists.
 

skudupnorth

Cycling Skoda lover
Outside for me but always being aware of "escape" space if traffic is coming the other way.Left hand of traffic backed up is not normally a good option due to lack of space in the gutter,grids and general crap plus there is normally a good chance of the passenger thinking (or not in most cases) "sod it,i will walk the rest of the way" and opens a nice big metal door on you !
 

400bhp

Guru
Depends entirely on the situation, but if we are talking about a long queue of cars that are stationary, then I will choose the inside, mainly because I prefer being on the correct side of the road.

I also unclip from the left hand pedal and generally stand off the seat too. I do this because standing and unclipping means I can control the bike better, are more likely to be seen and I can see further forward. and can quickly put a foot down on the floor.
 

Dan B

Disengaged member
I choose the side with more space. I'm happier when that's the outside, because less chance of being doored or of collecting dozy pedestrians, but if there's a decent space on the inside there will also most likely be other cyclists using that space (at least, on most of the roads I ride in town) so my appearance won't be completely unexpected for the queuing traffic.
 

Dan B

Disengaged member
if there was a fatal collision it could be argued by a smarmy barrister that the act means all vehicles
He would have to argue that in direct contradiction to the wording of the law. If he made that argument in a case I was involved in, I certainly wouldn't be paying his costs
 

subaqua

What’s the point
Location
Leytonstone
the explanatory notes are even more confusing , and if you read them in conjunction with the other acts referenced then abandon hope of getting any sense. all 3 contradict each other. wonder which the primary legislation is if any
 

CopperBrompton

Bicycle: a means of transport between cake-stops
Location
London
The Highway Code rules on overtaking are here:

Overtaking (162-169) : Directgov - Travel and transport

165

You MUST NOT overtake
  • if you would have to cross or straddle double white lines with a solid line nearest to you (but see Rule 129)
  • if you would have to enter an area designed to divide traffic, if it is surrounded by a solid white line
  • the nearest vehicle to a pedestrian crossing, especially when it has stopped to let pedestrians cross
  • if you would have to enter a lane reserved for buses, trams or cycles during its hours of operation
  • after a ‘No Overtaking’ sign and until you pass a sign cancelling the restriction
[Laws RTA 1988 sect 36, TSRGD regs 10, 22, 23 & 24, ZPPPCRGD reg 24]
166

DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe. For example, when you are approaching
  • a corner or bend
  • a hump bridge
  • the brow of a hill
167

DO NOT overtake where you might come into conflict with other road users. For example
  • approaching or at a road junction on either side of the road
  • where the road narrows
  • when approaching a school crossing patrol
  • between the kerb and a bus or tram when it is at a stop
  • where traffic is queuing at junctions or road works
  • when you would force another road user to swerve or slow down
  • at a level crossing
  • when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
  • stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
  • when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic
 

gambatte

Middle of the pack...
Location
S Yorks
Check out this thread, posted on yesterday. Pretty similar circumstances. Copper at the scene didn't know his job and was going to write it off. After being told at the scene by the cyclist that he wasn't going to (..:thumbsup:..) it transpires the driver was offerred an awareness course, which was refused.
End result?
guilty
£350 fine
£100 costs
6 points
and obviously a much more open door for any claim.
Pleased you weren't injured. Don't forget, if any do manifest, you've 3 years to claim.
http://www.cyclechat.net/threads/right-hooked-today.82193/post-1654229
 
C

chillyuk

Guest
I never, ever filter on the inside. If I can't filter on the outside, I don't filter.

After 50 odd years cycling I should have known better, but, I was filtering up the inside of a queue of virtually stationary traffic through Epping recently when a car suddenly without signalling or warning pulled out of the queue into a parking space on the left. I had to brake hard to avoid a collision. Words were exchanged, but I couldn't argue with the drivers comment that I shouldn't have been undertaking him. There was no harm done and I went on my way. The silly thing is I know I shouldn't filter on the inside but we sometimes take chances that we shouldn't. Mostly we stay safe, occasionally things have the potential to go tits up. I agree with Uncle Mort. The nearside is not for overtaking/filtering.
 

PpPete

Legendary Member
Location
Chandler's Ford
I agree with Uncle Mort. The nearside is not for overtaking/filtering.
+1
That's not to say I don't do it very occasionally, but only if for some reason there is no space on the outside, and then only with extreme caution/at very low speed to minimise the consequences if door opened unexpectedly.
 

400bhp

Guru
After 50 odd years cycling I should have known better, but, I was filtering up the inside of a queue of virtually stationary traffic through Epping recently when a car suddenly without signalling or warning pulled out of the queue into a parking space on the left. I had to brake hard to avoid a collision. Words were exchanged, but I couldn't argue with the drivers comment that I shouldn't have been undertaking him. There was no harm done and I went on my way. The silly thing is I know I shouldn't filter on the inside but we sometimes take chances that we shouldn't. Mostly we stay safe, occasionally things have the potential to go tits up. I agree with Uncle Mort. The nearside is not for overtaking/filtering.

Why?
 

400bhp

Guru
The Highway Code rules on overtaking are here:
165
You MUST NOT overtake
  • if you would have to cross or straddle double white lines with a solid line nearest to you (but see Rule 129)
  • if you would have to enter an area designed to divide traffic, if it is surrounded by a solid white line
  • the nearest vehicle to a pedestrian crossing, especially when it has stopped to let pedestrians cross
  • if you would have to enter a lane reserved for buses, trams or cycles during its hours of operation
  • after a ‘No Overtaking’ sign and until you pass a sign cancelling the restriction
[Laws RTA 1988 sect 36, TSRGD regs 10, 22, 23 & 24, ZPPPCRGD reg 24]
166
DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe. For example, when you are approaching
  • a corner or bend
  • a hump bridge
  • the brow of a hill
167
DO NOT overtake where you might come into conflict with other road users. For example
  • approaching or at a road junction on either side of the road
  • where the road narrows
  • when approaching a school crossing patrol
  • between the kerb and a bus or tram when it is at a stop
  • where traffic is queuing at junctions or road works
  • when you would force another road user to swerve or slow down
  • at a level crossing
  • when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
  • stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
  • when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic

Is the "you" above any road user? No capital Y so I would guess yes, however it's not a legal document as such?
 

CopperBrompton

Bicycle: a means of transport between cake-stops
Location
London
Yes, this applies to any vehicle, not just motor vehicles.

MUST NOT means there is a specific law prohibiting it, DO NOT and SHOULD NOT are advisory (though courts are likely to assign blame on the basis of compliance or otherwise).
 
That's not correct. The "driver of the vehicle" refers to "a motor vehicle". If it meant any vehicle including bicycles it would say "driver of a vehicle" not "driver of the vehicle". Therefore the subsequent two clauses refer only to motor vehicle drivers, not cyclists.

I agree with Red Light on this one. It specifically refers to 'motor vehicle'. Therefore we can filter all the way up to the front legally on a cycle, although of course we still have to comply with the crossing itself, and shouldn't be filtering over the stop lines.

This is my interpretation of the law, and has as much weight as anyone else's here - I've never had a situation where I've seen this tested in court, so can't offer this as 'gospel'. :smile:
 

400bhp

Guru
I agree with Red Light on this one. It specifically refers to 'motor vehicle'. Therefore we can filter all the way up to the front legally on a cycle, although of course we still have to comply with the crossing itself, and shouldn't be filtering over the stop lines.

This is my interpretation of the law, and has as much weight as anyone else's here - I've never had a situation where I've seen this tested in court, so can't offer this as 'gospel'. :smile:

Is the fact that it hasn't been tested therefore make the law non-existent?
 
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