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Recent High Court judgment on duties of motorists when overtaking cyclists


WP12

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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).

post-114542-1543570803449.jpegpost-114542-15435792026599.jpeg

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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.

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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 :huh:

Edited by bikebloke
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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 :huh:

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.

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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 :huh:

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.

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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.

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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

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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.

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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.

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