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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice.
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I drove other a speed hump, in which the oncoming traffic have

Customer Question

I drove other a speed hump, in which the oncoming traffic have right of way. The nearest oncoming vehicle (a bus) was nearly 100 metres away having itself just crossed a hump, it accelerated and left me stuck in the road a couple of metres short of being in the clear. The bus driver sat their with arms folded waiting for me to reverse, so I sat their as well .
I would have had plenty of room to clear the lane, if he had not speed up to deliberatly cut me of. Was I right legally (I was wrong for standing my ground)
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. i will try to help with this.

I am sorry but if they had right of way then you should have given way to the other driver.

There is no wrong doing in him accelerating unless, of course, he exceeded the speed limit to do so.

If he had right of way then it was for you to reverse rather than him.

There is no criminal offence in your conduct but if there had been an accident then its likely you would be liable although there might be a reduction for his contributory negligence.
Customer: replied 4 years ago.


He accelerated to deliberatly leave me stuck (in my opinion). A police officer arived, and said he wasnt going to charge me , but he could. Surely there is a distance from me were he doesnt have right of way, and when he passes that point he has right of way

Expert:  Jo C. replied 4 years ago.
No, as I've said, it was for you to give way. The officer is correct I'm afraid.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your answer, but if I hadnt commited a criminal offence, the officer would only have been able to give me a talking too on road etiqutte.

Expert:  Jo C. replied 4 years ago.
Sorry but thats completely wrong.

Officers do not have to act upon every offence as he chose not to here.

If you breached the right of way of another then there is an argument that amounts to driving without due care although its not the best.
Customer: replied 4 years ago.


Thanks for your help.


Just a quick question.


The police officer only took my name and address, he nether asked for my licence or anything else, he then dismissed me from the scene without charging me.


Can he change his mind?


Because I feel a fool for allowing the incident to happen.

Expert:  Jo C. replied 4 years ago.
He could but he won't do that. The other problem that he would have is that he didn't give you a NIP either oral or on paper.