The ‘who gives way?’ problem no one can seem to agree on

4 hours ago 4
Zane Dobie
The ‘who gives way?’ problem no one can seem to agree on

When it comes to U-turns, the road rules become a lot more complicated when performing one at an intersection with another car waiting at a 'give way'.

"I (Car B) was waiting to take a left to the main road, and there was another car waiting to take a U-turn (Car A). I thought cars taking U-turns must give way to everyone, so I tried slowly moving in when there was no traffic, but the lady in Car A made a U-turn and cursed at me for trying to move. As a P platter (sic), I am not sure who is correct?"

What followed was a flurry of opposing opinions, with most stating that the car doing the U-turn must give way in all circumstances.

"Cars making U-turns give way to EVERYONE, "wrote one user.

"Car B has right of way. In practical terms, Car B can't know if Car A is U-turning or turning right," said another.

There were also a handful of people who said that the car doing the U-turn had the right of way.

"If Car B was exiting, let's say, a carpark at the beach, a shopping centre, or a petrol station, they would need to yield to Car A," said one person.

"Car A is already on the road, so they have the right of way… Car B is on a side street or driveway attempting to enter the road and has to wait," said another.

So who is in the right?

The ‘who gives way?’ problem no one can seem to agree on

It turns out this is dependent on which state the drivers are in. For starters, it is illegal to perform a U-turn at traffic lights unless there is a sign stating that you are allowed to, except in Victoria, where it is legal anywhere without a sign.

We found the street on Google Maps, and it's located in Seaholm, Victoria, which means that, regardless of signage, the car was legally allowed to do a U-turn.

Next, we need to examine the location. Driver B was actually turning out of the Cherry Lake car park, and by definition of the law, because Driver B was exiting from a driveway and not a street, they were on a "road-related area".

According to the Victorian Road Rules 2017, regulation 38 – "A driver making a U-turn must give way to all vehicles and pedestrians. A driver making a U-turn does not have to give way to a driver entering the road from a road-related area or adjacent land".

Because Driver B was leaving from the driveway, it means that in this rare instance, the car doing a U-turn does have the right of way, and the car turning left must wait.

This is the case for most other states, but as aforementioned, you cannot perform a U-turn unless signposted anywhere but Victoria. But in Western Australia and the Northern Territory, you must give way to everyone when performing a U-turn – even those leaving a driveway.

Zane Dobie

Zane Dobie comes from a background of motorcycle journalism, working for notable titles such as Australian Motorcycle News Magazine, Just Bikes and BikeReview. Despite his fresh age, Zane brings a lifetime of racing and hands-on experience. His passion now resides on four wheels as an avid car collector, restorer, drift car pilot and weekend go-kart racer.

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