Who Has The Right Of Way?

[julia-mag]

Who has the right of way between a mobility scooter which is used on pavement only and car crossing the pavement from their property to get onto the road? I had a very very close call last week and was berated by the car driver who said 'where the devil did you come from?. There is a fairly high wall and I reached the gateway as the car came out forcing me to swerve violently. I have ,maybe mistakenly, always assumed that pavement users had the right of way.According to me, the driver is unable to see anyone until the bonnet of their car is clear of the gateway and that can be too late!

[1581960]

Don’t know but drive safely and courteously.

[boxtops]

I'd say pavement - drivers have a duty of care to pull out safely, IMO.

[Gizmonster]

I'd like to know the legal answer to this, but I'd guess the pavement has the right of way, as the pavement crosses over the drive - the drive does not extend to the road, it ends at the pavement .... that's my take on it anyway, but I'd like to see how this pans out :)
Think about it the other way, when a car is turning onto a drive .... the driver would usually give way to pedestrians, rather than cut them up .....

[whiskeryron]

As both a car & disabled scooter driver I would give the opinion that the scooter driver has priority,it is up to the car driver to make sure his/her exit from their drive is clear before coming out & I would suggest that they fit small mirrors at the end of their drive to ascertain there are no pedestrians or indeed mothers with prams approaching before exiting their premises.

[julia-mag]

Yes whiskeryron, I too was a driver, so can see both sides of the problem, and I did say to her if it had been a buggy in my spot, what the consequence? she did at that point walk away muttering!.Reflection mirrors on her gateway walls would surely help, or I can foresee tragedy as school is only just matter of a few yards away and children always run ahead.

[Old_Geezer]

The legal position would be interesting, but in my opinion everyone has a personal responsibility to take whatever care they can to avoid an accident, regardless. Pointless being dead and knowing you had right of way. Seems to me though that the owner of the car would also have been the owner of the wall, and so should be more aware of the risk, and therefore care taking than someone simply pottering down the pavement minding their own business.

[EDDIE51]

If a car is coming out of a drive ( or other place) with limited visibility as here, the driver has to take care that it is safe. The cr

[EDDIE51]

hit submit too soon
The car should not cross the pavement unless the driver is certain the way is clear, if necessary they should get someone assist them by checking the way is clear and signaling when it is safe.The high wall makes this a dangerous place to park. I would report this to the police.

[Hypognosis]

I waited for Eddie to complete his reply and he's saved me some typing. There are a lot of badly designed driveway exits. If it's not high walls, it will be box hedges.

There are good ones, with a semi-circular cutout, to give visibility but they are (generously) sacrificing several square feet of front garden to do so. Well done them.

It is an intriguing question. Scooters can move faster than pedestrians, meaning more risk of catching out an unwary car driver. Scooters have special dispensation to be on the pavement when they, otherwise, must obey the highway code. The answer might be in the documentation for the special dispensation.

My opinion isn't a proper answer but, since the scooter is the one already using the highway and the car is the one approaching the highway, the scooter has right of way.

[SlackAlice]

When I applied and got permission to get a 'dropped kerb' and permission to cross the pavement into my drive, it was quite specific that I must 'give way' to any person using the pavement at all times.

[SirOracle]

This is an open and shut case. The car driver is legally liable as there is a duty of care on him/her to make sure there is no one on the pavement before driving over it.

If this means he must have a Third Party on the pavement to "Wave" him out,or he must reduce the height of the wall/hedge then so be it.

[joko]

you cannot really expect people on the pavement to walk along stopping at every driveway to check in case a vehicle may be coming out - cars are supposed to watch where they're going, not just pull out.
you being on wheels is irrelevant.

[waterboatman]

The pavement user has right of way. The car driver has the responsibility to ensure the pavement is clear before crossing it.

[bhg481]

Is the "fairly high wall" legal - ie, is there planning prmission for it? On our estate front walls are limited to about 60cm in height to ensure that cars coming out of drives have a clear view of anyone approaching. If that is the only high wall in the area it's worth checking with the council that they have planning permission for it.

[EDDIE51]

Report this to the council, the car driver should have a dropped kerb for access to their drive.

[julia-mag]

Thank-you for all your answers/comments, the house does have a dropped kerb access and is almost on a bend, and I was in the middle of the pavement which is wider than a normal pavement at that point. I did not report the incident as I was alone and not sure of the priorities, and would anyone be bothered? I just knew was that if I was driving a car out from there I would certainly have some-one to see me out or have mirrors situated to allow vision of pavement both ways

[ToraToraTora]

There is no such thing as right of way. The Highway code indicates that the driver should give way to those on the pavement when crossing such and also to those crossing a side road when turning left or right from the road. The phrase "right of way" is not mentioned in any official driving literature, yet many seem to use it as invalid terminology.

[SlackAlice]

OK then change 'right of way' to 'give way' just to be pedantic and accurate.
☺☺☺

[ToraToraTora]

...and change the person it applies to.