Recent High Court judgment on duties of motorists when overtaking cyclists

[WP12]

The Johannesburg High Court recently gave judgment regarding the duties of motorists when overtaking cyclists. I attach a picture of the paragraph containing a summary of the law.

 

Legal practitioners can find the full judgment reported as Charewa v RAF 2018 (6) SA 551 (GJ).

[GaryvdM]

Thanks for sharing this. I'm going to read.

 

With rotation fixed:

[GaryvdM]

That is awesome news for cyclists.  Now come the difficult job of getting this info out to the general public.

[GaryvdM]

Here is the full text of the case: http://www.saflii.org/za/cases/ZAGPJHC/2018/459.pdf

[Sidersky]

Wow. That is amazing.

 

Not going to make a jot of difference to 99.5% of the motoring public, I fear, but amazing none the less.

[Long Wheel Base]

That is awesome news for cyclists.  Now come the difficult job of getting this info out to the general public.

THIS!!!!

 

And getting them to obey.

[bikebloke]

THIS!!!!

 

And getting them to obey.

 

yeah its a great ruling but seeing as we have plenty of laws already and no cares about them ...

ill get excited when a driver is actually apprehended and prosecuted for infringing this ruling (or some of the others) im not holding my breath unfortunately

[The Ouzo]

yeah its a great ruling but seeing as we have plenty of laws already and no cares about them ...

ill get excited when a driver is actually apprehended and prosecuted for infringing this ruling (or some of the others) im not holding my breath unfortunately

correct, the blatantly obvious rules get broken all the time with no consequence, this will just be another obscure rule that will only get brought out after the fact.

[Long Wheel Base]

yeah its a great ruling but seeing as we have plenty of laws already and no cares about them ...

ill get excited when a driver is actually apprehended and prosecuted for infringing this ruling (or some of the others) im not holding my breath unfortunately

Exactly. The amount of idiots I see talking on their phones while driving is crazy. As I commute so much I see it more than when I am driving and it is a scary amount. If they can't obey the simple rules, how will they obey this.

[Headshot]

This is great. The more this kind of case is publicized the better. Just shared the headnotes on IG. 

 

http://www.saflii.org/za/cases/ZAGPJHC/2018/459.html

[MudLark]

Brilliant!

[stringbean]

Works both ways tho

Interesting part about “absence of bike lane”

I see guys every day refusing to ride bike lane and rather in road” because it’s better for their training or strava “

Or commuting to work In oncoming traffic because they feel safer doing so.

[DieselnDust]

Wow. That is amazing.

 

Not going to make a jot of difference to 99.5% of the motoring public, I fear, but amazing none the less.

 

 

Don't lose hope

[Robbie Stewart]

wait, what?

 

 

 

That bit right there could potentially get a crap load of people to shut there traps about cyclists not being allowed to use the road since they're not licensed to do so.

[Loyiso]

With this judgement in mind, should cyclists continue to cycle WITH traffic or AGAINST traffic?

 

What is practical seeing that people dont give s*** about us?

 

When I cycle against traffic, motorists complain about my light being too bright despite me tilting it down at an angle. I want them to SEE me.

[porqui]

I see guys every day refusing to ride bike lane and rather in road” because it’s better for their training or strava “

 

 

Simply put for sport cycling bicycle lanes in Cape Town are just plain dangerous for all concerned.

 

The judgement on the other-hand is brilliant and puts things in perspective and sets precedence.