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The Pub For General Automotive Related Talk |
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19-05-2014, 12:54 PM | #1 | ||
love the quad cams
Join Date: Jan 2006
Location: Baulkham Hills
Posts: 1,490
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hi all
I have tried researching the NSW road rules but have come upblank. A lady reversed around a corner into another street and reversed into my daughters car who was stationery. The damage was minor. Is it legal (i know it wasnt safe) to reverse round a corner into another road? thanks simon |
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19-05-2014, 01:06 PM | #2 | ||
FF.Com.Au Hardcore
Join Date: Aug 2007
Posts: 1,874
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only if it's safe to do so
the old handbook used to state that 'you must take extreme care when reversing' the reversing driver will be at fault in the situation you describe. Report it to Police and do a letter of demand to the other driver |
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19-05-2014, 01:11 PM | #3 | ||
love the quad cams
Join Date: Jan 2006
Location: Baulkham Hills
Posts: 1,490
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thanks, yes she reported to police but they just said that it is a civil matter, but all is ok as only a broken headlight on her car
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19-05-2014, 02:13 PM | #6 | ||||
Life begins at 40
Join Date: Jan 2005
Location: Melbourne. Socialist capital of Victoriastan.
Posts: 3,715
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Quote:
The other well known line from VicPol is “there’s nothing we can do about it”. I had a copper give me a really strange look when I was at the counter of a police station once enquiring about a similar thing. They trotted out the old line, it’s a civil matter. So I said to the constable who was standing next to the sargent, well it isn’t going to be a civil matter when I go around to their house after leaving here and beat the ***k out of him. Then will it be a police matter? I said. Also, it wouldn’t be a civil matter if she backed into the copper’s car. They’d make sure that it was followed through the proper channels. ******* hypocrites.
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19-05-2014, 03:43 PM | #7 | ||
Mopar! But Own F6's..
Join Date: Dec 2005
Location: F6DELAIDE
Posts: 3,213
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As part of getting my licence here in SA around 10 years ago, part of the log book that had to be signed was a reverse around a corner manouvre. I thought it was stupid but did as I was told.
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19-05-2014, 09:11 PM | #8 | ||
Aluminum Falcon pilot
Join Date: Jul 2012
Location: Dark Sky Park
Posts: 3,687
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i had a stupid p plater chick reverse into me some time ago.
My insurer told me even if I had parked in the middle of the highway, the car that hits a parked car is At Fault, as they are supposed to be in control of their own vehicle enough to avoid you. the other driver is still liable for the cost of the headlight at least
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19-05-2014, 09:19 PM | #9 | ||
FF.Com.Au Hardcore
Join Date: Oct 2010
Location: Mid North Coast
Posts: 6,443
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There is an offence in NSW which is 'reverse further than necessary', this could apply, but really makes no difference to the outcome, as the police do not collect your debts, it's a civil matter, that the insurance companies need to work out.
Weather she pays for the damage or not has nothing to do with police, and since it is a minor accident where no vehicle was towed or no person was injured, it falls back into the civil courts as no fines get issued, has always been like that as long as I can remember, so basically in is not a police matter, and police do not get involved as they have no legislative power to do so. Civilly the driver reversing is still responsible, so her insurance accompany needs to pay out if she is not insured report it to your insurance company pass on the other drivers details and get your car fixed, up to your insurance accompany to chase it up, that's what you pay insurance for. If you have no insurance, then a lesson has been learned and time to move on.
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19-05-2014, 09:29 PM | #10 | |||
FF.Com.Au Hardcore
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Location: Mid North Coast
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Quote:
Cops don't make the rules/laws they just do their best to enforce them.
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The Daily Driver : '98 EL Falcon, 5 Speed , 3.45 lsd The Week End Bruiser : FPV BF GT 40th Anniversary, 6 Speed Manual, 6/4 Brembo and lots of Herrod goodies Project 1 : '75 XB GS 351 Ute, Toploader, 9" with 3.5's Project 2 : '74 XB GS Big Block Coupe, Toploader, 9" with 4.11's In Storage : '74 XB GS 351 Fairmont Sedan XB Falcon Owners Group Mike's Man Cave |
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19-05-2014, 09:44 PM | #11 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,518
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NSW Road Rules 2008
http://www.austlii.edu.au/au/legis/n...13j2008595.pdf Quote:
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regards Blue |
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19-05-2014, 09:48 PM | #12 | ||
Banned
Join Date: Feb 2014
Posts: 85
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if its just a headlight long term its probably cheaper to fix it yourself then pay extra insurance premiums for the next few years after making a claim.
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19-05-2014, 10:05 PM | #13 | ||
FF.Com.Au Hardcore
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Location: Mid North Coast
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It is not her fault, so there should be no extra premium.
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The Daily Driver : '98 EL Falcon, 5 Speed , 3.45 lsd The Week End Bruiser : FPV BF GT 40th Anniversary, 6 Speed Manual, 6/4 Brembo and lots of Herrod goodies Project 1 : '75 XB GS 351 Ute, Toploader, 9" with 3.5's Project 2 : '74 XB GS Big Block Coupe, Toploader, 9" with 4.11's In Storage : '74 XB GS 351 Fairmont Sedan XB Falcon Owners Group Mike's Man Cave |
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19-05-2014, 10:21 PM | #14 | |||
Banned
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Posts: 85
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People get all obsessive about NCB etc and don't realise that even though they may keep their discount the actual risk and premium before the discount applies can and will change. |
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19-05-2014, 10:59 PM | #15 | ||
Drive'n Cruise'n Live'n
Join Date: May 2013
Location: Western Sydney
Posts: 916
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I always believed in NSW that it is illegal to reverse around a corner but I got my licence in 1966 so maybe things have changed. Irrespective, the vehicle that hits a stationary vehicle is at fault.
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20-05-2014, 12:19 AM | #16 | ||
FF.Com.Au Hardcore
Join Date: Apr 2014
Location: NSW
Posts: 1,610
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police are not involved anymore if both vehicles drivable - no one injured etc.reversing/moving vehicle at fault- not illegal -if within reasonable distance(what is a reasonable distance is the question) if to far your driving on wrong side of road - get a fair quote and hand her the bill.
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20-05-2014, 12:41 AM | #17 | ||
Experienced Member
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Location: Australasia
Posts: 7,683
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I don't why some here talking insurance as the question was asked.....
Is it legal (i know it wasnt safe) to reverse round a corner into another road? Cheers |
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20-05-2014, 01:09 AM | #18 | |||
FF.Com.Au Hardcore
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Quote:
No law that states otherwise exists, unless it falls into the ones mentioned earlier.
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20-05-2014, 09:30 AM | #19 | ||
Former BTIKD
Join Date: Mar 2005
Location: Sunny Downtown Wagga Wagga. NSW.
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Aussieblue had it right (post 11)
http://www.legislation.nsw.gov.au/fr...ithintitle=yes If you can do it safely it's fine, obviously the lady in the OP's post didn't do it safely.
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20-05-2014, 09:46 AM | #20 | |||||
FF.Com.Au Hardcore
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Location: Victoria
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Quote:
Quote:
Quote:
Damage to the Police car would then become a civil matter between insurance companies
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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20-05-2014, 11:41 AM | #21 | ||
Regular Member
Join Date: Nov 2006
Posts: 282
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Unless the laws in NSW have changed in the past few years, reversing around a corner is NOT illegal.
I presume this as I was required to reverese around a corner for my heavy vehicle license (the old class 3 - now called HR) some years ago as part of the test.
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__________________________ They call it a rort when they're not in on it Mark |
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20-05-2014, 09:20 PM | #22 | ||
Got Ghia?
Join Date: Jul 2006
Location: Perth
Posts: 999
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^ as above, HR license in WA you gotta reverse around a corner.
IIRC I was told for HC/MC you have to reserve about 200m with the trailers staying straight?
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20-05-2014, 09:24 PM | #23 | ||
FF.Com.Au Hardcore
Join Date: Aug 2008
Posts: 548
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She was using the popular reversing by braille method , commonly applied by thousands of woollies/coles shoppers who have turned it into an art form , she just forgot she not in a carpark .
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21-05-2014, 07:49 AM | #24 | ||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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She back into a stationary car. Pretty simple really. No need to look for a law she broke?
Why would you want to involve the police for? They have more important matters to attend to.
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21-05-2014, 12:17 PM | #25 | ||
love the quad cams
Join Date: Jan 2006
Location: Baulkham Hills
Posts: 1,490
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hi all, thanks for your comments, they have helped.
For safety & prob legal reasons & replaced the broken headlight ($45) from a wrecker. The ongoing sage is that the other woman is trying to claim for damages outside of her insurance co. Legal aid cant help my daughter as she has more than $5k in the bank. Our insurance co has said that seeing that neither party is accepting liability, if claims are lodged then they would tell each party to fix their own, which is a good outcome. The other party are trying other means so far to get my daughter to pay, which may end up using lawyers. I'll keep you posted as its an interesting scenario cheers |
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21-05-2014, 06:04 PM | #26 | ||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,518
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Unfortunately if there are no independent witnesses it isn't unusual for people who back into others to claim that the innocent party drove into their rear end. Been there; luckily in my case the passenger in the other car was extremely honest and although a friend of the other driver provided evidence and a report to the Police confirming the facts. Nonetheless, because of these types of cases I can see why the OP was keen to get the Police involved as it might help out the truth.
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regards Blue |
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23-05-2014, 07:13 PM | #27 | ||
Starter Motor
Join Date: Feb 2014
Posts: 4
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nsw police state that you are in the wrong if you are reversing, anytime, you have to prove you were not negligent when you were reversing. to reverse into a stationary vehicle is negligent, and fined accordingly. as long as your vehicle was legally parked. the reversing vehicle is in the wrong. i have been in the same situation myself, was fined for backing my truck into a stationary vehicle, told by the police i was wrong and fined, told that if you are reversing, you are automatically negligent.
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23-05-2014, 07:38 PM | #28 | ||||
Life begins at 40
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Location: Melbourne. Socialist capital of Victoriastan.
Posts: 3,715
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Quote:
I can’t speak for the utopia that you live in, but in the real world, or at least in Victoria anyway, the police here have a big say in what laws are changed and introduced. For example, here we have the Chief commissioner, Ken Lay speaking about mandatory drug testing of drivers after accidents. This has been commonplace in NSW for years so I’ll bet my left one that the law is changed here. http://www.3aw.com.au/blogs/neil-mit...520-38l4k.html The well known Hoon legislation is the brain child of the Victorian police who were ****ing in the then state government’s ear. There’s even a police advisory committee to suggest the changes of laws and the introduction of new ones. Ken Lay’s page on the VicPol website. http://www.police.vic.gov.au/content.asp?Document_ID=44 In his previous roles, Ken had strategic responsibility for road policing across Victoria. This role was to support the four geographic operational regions by developing strategic policy and legislative change, maintaining liaison with government and key road safety partners, and the identification best practice in road policing enforcement from across the world. See, I fixed it for you.
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Justice is what you get when you run out of money.
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23-05-2014, 07:51 PM | #29 | ||||||
Life begins at 40
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Location: Melbourne. Socialist capital of Victoriastan.
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I’ll tell you a little story. Once upon a time there was this truck driver, some say that he is a smart a*se with a chip on his shoulder, geez, alright, it was me. Many years ago, I heard a thump on the front door. When I opened it, there was two big ugly Mo Fo coppers who weren’t in a very good mood. They wanted to know why I damaged this lady’s car at the Malvern Central shopping centre. I said to them in my usual tone, WTF are you talking about? They then got even more aggressive and clearly weren’t in the mood for an answer that they didn’t agree with. Now I’m not easily intimidated and this clearly irritated them so I’ll cut to the chase here. Someone had crashed into some old sheila’s car and given my name and licence number. It’s quite obvious that they didn’t write rego numbers down otherwise these two goons wouldn’t have been on my doorstep. After repeated attempts to get through to these knuckleheads, they finally accepted the fact that I could prove that I was not in the state of Victoria on the day the accident occurred. I have legal documents (log book) pay slips and diary entries to prove this. I have never been to the Malvern central shopping centre and I don’t own nor have I ever owned or even driven the type of vehicle that did the damage to this old boiler’s car. They then made a few enquiries and told me no more about the incident. No action was taken against me as it was quite obviously a case of fraud. So why were the police on my doorstep for a civil matter? Quote:
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Justice is what you get when you run out of money.
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23-05-2014, 08:37 PM | #30 | |||
Former BTIKD
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Location: Sunny Downtown Wagga Wagga. NSW.
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The Axiom, "An honest man has nothing to fear from the Police", is currently under review by the Axiom Review Board.......... Terry Pratchett.
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