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1m space to pass cyclist now law in WC


carbon29er

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This I think is what the law really is in RSA - after all we still use Roman Dutch law in SA maybe not quite as evolved in SA with regards to the Dutch and bicycles but I believe this is still correct o the T!!!!!!

 

http://ukcyclelaws.blogspot.com/p/the-laws-according-to-highway-code.html

 

 

BUT BUT BUT

 

Nobody seems to abide to this correct overtaking procedure in RSA and it never seems to be enforced in a court of law!!!!!!

 

SO

 

Now the law say 1 m this even though could be scene as a concession to motorist ( was a separate lane) is very important!

 

WHY

 

It is new and therefore in the forefront of the legal mind - basically when it is challenged in a court of law (1st time) after a fellow cyclist is possible hit (hopefully not killed) we will see how the court rules and basically it should rule guilty to the motorist as it is clear you did not give 1 meter in your over taking / passing procedure or the cyclist would not have been hit.

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This I think is what the law really is in RSA - after all we still use Roman Dutch law in SA maybe not quite as evolved in SA with regards to the Dutch and bicycles but I believe this is still correct o the T!!!!!!

 

http://ukcyclelaws.b...ghway-code.html

 

 

BUT BUT BUT

 

Nobody seems to abide to this correct overtaking procedure in RSA and it never seems to be enforced in a court of law!!!!!!

 

SO

 

Now the law say 1 m this even though could be scene as a concession to motorist ( was a separate lane) is very important!

 

WHY

 

It is new and therefore in the forefront of the legal mind - basically when it is challenged in a court of law (1st time) after a fellow cyclist is possible hit (hopefully not killed) we will see how the court rules and basically it should rule guilty to the motorist as it is clear you did not give 1 meter in your over taking / passing procedure or the cyclist would not have been hit.

Your reasoning is flawed. It is not legal to hit cyclists anyway. The only people who will ever be accused of not abiding by the 1m passing regulation will be those who have hit a cyclist, and as you say, must have been within a 1m. What you will end up with is the case where the motorist is accused of hitting a cyclist and the new law will be tagged on.

 

As always, "BECAUSE IT IS WRITTEN DOES NOT MAKE IT SO".

Edited by MartinPV
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Yeah, I think the "new" law is lame.

 

But I like the attention it is bringing to motorists. I hope, at least, it will be a reminder or a warning to the ones who aren't paying attention on the road.

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Your reasoning is flawed. It is not legal to hit cyclists anyway. The only people who will ever be accused of not abiding by the 1m passing regulation will be those who have hit a cyclist, and as you say, must have been within a 1m. What you will end up with is the case where the motorist is accused of hitting a cyclist and the new law will be tagged on.

 

As always, "BECAUSE IT IS WRITTEN DOES NOT MAKE IT SO".

 

Please understand I far preferred the original law - separate lane - but for some reason it was never challenged in court of law successfully (from what I have heard). Possible because of the term "passing" verses "overtaking." No I do not not know what the legal difference is maybe somebody on the hub does?

 

But now with a fix distance - which I think we all know PPA was very active in getting put into law (maybe thats why only WP). I can assure you (well almost) that at the 1st legitimate case that PPA is informed about where a cyclist is injured (without injury basically unfortunately their is no case) PPA will bit the bullet and pay legal cost to get law enforced! Well thats what I hope PPA will do and certainly when I was on the committee they were open to this and even tried (or did cannot remember all the detail) to take up the case on behalf of the families of the 3 cyclist killed in Oudtshoorn!

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Cyclist gets knocked down.

 

Driver charged with not :"leave a distance between the motor vehicle and the cyclist of at least one metre".

 

Driver says cyclist not: "to the left of the left edge of the roadway" or "on the roadway, keeping as close as practicable to the left edge of the roadway".

 

And you have a stalemate, nothing gets done.

 

 

These rules place more burdens on cyclists (more inhibiting factors to get people on bicycles), and will not improve safety for cyclists at all.

 

Just to show the lack of thought put into this law: Cyclists are forbidden to wear headphones but motorists can (and play their music at full volume). How does this make any sense when the motorist is the one operating the dangerous machinery?

 

Pedestrians and cyclists are weaker participants in traffic. Greater legal onus of care should be place on motorised transport.

Edited by Nick.
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Jip, more emphasis is being placed ON WHAT THE CYCLIST CANNOT DO, very little is done enhance the fact that we have a rightfull place on the road, and that motor vehicles infringe on this.

 

I feel we got the sh!tty end of the stick here. AGAIN!!!

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This I think is what the law really is in RSA - after all we still use Roman Dutch law in SA maybe not quite as evolved in SA with regards to the Dutch and bicycles but I believe this is still correct o the T!!!!!!

 

http://ukcyclelaws.blogspot.com/p/the-laws-according-to-highway-code.html

 

 

BUT BUT BUT

 

Nobody seems to abide to this correct overtaking procedure in RSA and it never seems to be enforced in a court of law!!!!!!

 

SO

 

Now the law say 1 m this even though could be scene as a concession to motorist ( was a separate lane) is very important!

 

WHY

 

It is new and therefore in the forefront of the legal mind - basically when it is challenged in a court of law (1st time) after a fellow cyclist is possible hit (hopefully not killed) we will see how the court rules and basically it should rule guilty to the motorist as it is clear you did not give 1 meter in your over taking / passing procedure or the cyclist would not have been hit.

 

Roman-Dutch law is a concept not a set of laws. The Dutch don't even use it these days. As I posted elsewhere today, SA uses a combination of English, Roman-Dutch and traditional law. The largest part of our legal system is guided by English law.

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Jeepers, I would have thought that most of us would be happy that something concrete has been put in place in the law books, however most of you react as if cyclists are being targeted.

 

For the life of me I cannot understand why cyclists, specifically cyclists practicing cycling as a sport and generally not commuters who have no other means of transport feel that they have a right to NOT obey the rules of the road. I see comments of moaning and groaning about motorists doing this that and the other, NEVER about a cyclist being in the wrong.

 

Come on guys, for crying out loud, STOP at a STOP sign, STOP at a RED LIGHT and wait until it is green and safe to ride. Stay as far left as possible and if possible ride on the sidewalk.

 

WE as cyclists collectively need to change! OBEY THE RULES OF THE ROAD!

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I think its overreaching somewhat to expect a new law to change the big social issue with regards to peoples attitudes on the roads (bicycles, cars, trucks, taxis and motorbikes).

 

If we get more responsible cyclists we get on the roads, the municipalities will take notice and hopefully try cater for us. By not pissing off car drivers every chance we get and giving them some slack, cars will eventually stop trying to kill us.

 

This is by no means a small challenge.

 

Chatting to a German transport engineer in our offices... they reckon that 20 years ago, Germany wasn't a place you cycled your bike and they went through education schemes and infrastructure development to change the mindset and get where it is today.

 

The passing of the law, brings the interaction between cyclists and vehicles on the forefront and is a step in closing the education gap, however small... Its still a step forward.

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We have many laws, but the problem is enforcing them :eek:

 

So the spietkop sitting under the tree can now focus on the soft targets (the cyclist) and the taxi can roam the streets disregarding every rule in the book :thumbdown:

 

I agree, attitudes have to change before we will see any changes on our roads :thumbup:

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It takes a matter of seconds for a car to overtake a another car, but for us cyclists we take far longer to overtake a fellow cyclists. so I guess the traffic cop will have to take that into account when deciding weather we are riding two abreast or overtaking! I normally take like 5min or so.... have a laugh!!!

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