RULE OF THE ROAD.

Dominion, Volume 2, Issue 407, 16 January 1909, Page 3

RULE OF THE ROAD.

THE OVERTAKING VEHICLE. HOW THE LAW STANDS. • Farmers' everywhere are interested in the .rule of the-road, and although the simplerpoints relating to it are well known by most of them—and by motor-car drivers—there are somo other points that are more obscure. : One 'such was'discussed in a recent issue'of the London "Field." ; "Anyone; accustomed to vehicle traffic," says tho "Field," "whether horse-drawn motor, or bicycle, can hardly have failed to be conversant with practical illustrations of tho following situation: Three vehicles, A./ ■ 8., and.C., are in view of each other. A. arid; B. are both progressing in one'direotion, and. C.;is travelling in the opposite direction. B. is in -tho rear of. A. and is speedier than A. and overtaking the latter.- A. is confroming to rule of the road as laid,down in Section 78 of the 1835 Highway Act; B. desires to pass him; but. in .view of his velocity/- and also that of C., it seems doubtful whether B. will be: at the speed which he is; commanding succeed, in passing clear ahead of.. A'.' (and of. thence taking in his turn the near side of the road) before C. shall arrive abreast.-' of A. It': seems. probable, that .!f B. persists in overtaking A. before vC. his .passed .them both, the' result.will -be; that, the road hot being wide, enough for; three abreast; somebody,. ;willv have ;to ' give '.waiy,and halt,so. as to allow .the; other to pass. Th'e .sectibn does : not lay down in definite terms which is to.give way,to,'the other .in such eases, B. or C. j but upon examination fch® statutable intention can be clearly interr. preted' from .the text. Daily observation 1 : seefis to . show that 'a large -proportion 'of drivers either do riot know the. correct inter--pretatioh,,'or,' alternatively/ knowing it", wilfully disregard;it.'. . "What I Have I Hold." "An impression. seems to be current that when a rencontre such as the abnve occurs the right of .precedence as between B. and C'.< is ; a matter of . first come first served,, and of whaty may, be termed possession of / the road; so that;if B. can succeed in. getting . abreast, • more or, less,'from' the.' rear of; A. before C. :has...arrived; abreast of- any part : of A.'s equipment;'B.';-is'theri in and' :is entitled : to ; ' the / ' J'y,'. suis,- j'y resto,' , and to; call -upon G. to' draw'rein, back,'.and 'make ; room for'B.', or. to be responsible, for any. riiischarico that* may arise, froiri collision. . If the' question were', one. i.of ..rencontre.:between 'two--vehicles at.';a 'cross road- 'the; 'doctrine of prior possession: would undoubtedly hold; good;- the:-,vehicle which first''reached'the; : line. of intersection would, be' entitled, to forbearance from the : other, 'and would have.ground for prosecution .for ; 'driving..dangerously 'arid' obstructing, if the. later ' comer'" did not'■■ hold' back till; the . track was clear.*' Arid; yet even this; right- on. the . part of'ith'e'firsfrariivar'would'nbt -whitewash: him,'if, seeing that his neighbour would not or could ; 'rioV; draw,jein in were to .insist on his technical right of possession .to; an extent'productive; of-a coUision- which, lie.: otherwise.might have" avbided:by.: giving' way to the lawbreaker.- But even, thisiissue: 'of ■ pbs'sessiony-so to 'speak', .of'the vantage,ground-' ; and/open'space' of .roadway Vdoes- notiapply.when B.- arid: C. aro arriving. from ' opposite directions as, above described;'!an'd 'findthemselves -uhable. to 'pass- each,'other by. reason" of; sloVrmoying A; being ■ .at that junctiire: just; -abreast of; the 'spot "where. they- would meet.-; B. '.is claim-of priority ,of. a l rfrvat. ? ,,"lf , <orie' , "of the two, himself of .Oij has4oigiv:e jWQyj.TtJjo l;bur- ' den", of, 6b' doing-devolves'.uponiß'; ' The Near-Sldo Rule: Paramount.- . . j ' ■ -'Let-"lis,see'how statute!l'eads,;per; Section . 78;.' i that'/everyone 7 who- ■ meets other '.traffic',. oi.is:.overtaken' ,by.';!ariyj shall' keep, to-his ,'.near: (or-;leh) fside.- ofiithe, road. ' ;This:' of;' itself. .imp]iis.-that -the over-i -taker, must;,pass what; lie ! bvertakes.'' on : <the t off side, when he does; so. pass.; .but-.it' does, not absolve hirii 'from: ;the- duty -of being on, the near;side-, when "he meets other traffic.Honco, : as 'B.' is .meeting, C. and tlie latter • is - already on'.-his' correct; (off)., side; of . 'tlio' road, B. has no' claim to oust,him from it, and -must got to tho-near side out of; C.'s way.., If the near sido is occupied; by A.- at; the 'point-where/otherwise,, in.the regard, to' . calculation of:pace, B.anii C. would-be passing, "that; is;.b;s: ; misfortune, and- he' must: abide "-.by. .it, and; mus.t delay 'his' overtaking' of;A'., till; C.. has-pass^d;:if. his.Xß.'s) spbecl will not enable him to. pass .clcar of A. and tc cross to .the 'riekr; side;.' ahead of A.; before ; C. 'arrives'to' claim' his/own! statutable rights s of .clear trackjon his near (B.fs off) side. .. .\ 'The attention: to_ this; reading' of; the; sev-enty-eighth; section is.-drawn,;because,, so. far, as,:.we,have.been^able^td'.piece;together road; rencontres that , have':-resulted in legal f inaa; to.rights and'wrongs,-there seeins lorhave arisen more than one accident, some a'ctually.;'fatal,,'frora .'disregard Joy vehicles',in the B. 'position of their. duties .in this' .rule of .'three; oh'.the-'road.;. B. has observed, the prospective pinch'for ; rbbmV-has pushed- oh, either..'speculating ito ,- clear. it"/ in; time l.to • allow ..space for.. 0..,' 0r,,, alternatively,' reckoning oh : 0. : •; (po'ssily., a; humbler .subject' and vehicle) deferentially giving way to his rush.' The result has - beon .collision, arid one- of the two .or threo . parties; perhaps'" two or- aU'.;,!throeWmore. ; or , less . suffered. Then;;,;, when ; law . is subsequently, inr vokod, juries—and . especially' those ~ under to be at sea as to the statutable rule of road in such positions, and fail; to apply, the doctrine which we-here propound, even if, amid hard-swearing,- th6y tiavo succeeded in grasping the fact that li. was trying to overt I'te A.; at the ;same! time as .O. was meeting him. ■ . Humble Cyclist and Proud Motorist. ' "The superior courts seom to be not;-al-ways lucid, on this ' point. It would be ; gratlfying if somo .strong judge, and one' who has a repute as a sportsman and .man of the world,.. such as Mr. Justjce'..':'Bucknill ; and some others, would help, to; clear; the air, if only in an obiter dictum, by explaining that in all circumstances- tho right , to., overtake traffic must be subordinated to the right of opposition'traffic to have a clear' Course and a.;freo. .near side.. It may- be added, . as;: a corollary; that if such is: the statutable responsibility to .adhere to. the near side when meeting traffic, even when that near sido is not free ad libitum, owing to;''slower .traffic ahead,, then a fortiori,. there is less. excuse for the 'everyday'. illegality of fast traffic, usually 'of . the; motor:,order, imperiously 'retairiing the ;crbwn of', the; road,' :and' practically 'demanding 'abdication to hedge 'or gutter from weaker vessels -which- may ijsS l'ated to meet it. _ It ; should-- be borne; ih. mind, that; if an artisan oil a bicycle meets' a duke's foiir-in-hand the humble cyclist' is '.by statute entitled to uso of half the roadway; and the coach; to 1 the'other.'; If the cyclist likes legally to insist-upon,his rights,- it-is' no reply to' a summons that the coach left him , room enough to'.pass; the statutable duty of the coach is to draw, to the -near side,'.and of the cyclist correspondingly. : Fortunately, highway amenity, as a rule, does not. press.;quibbling claims of;.this: soft, but 'the practice of minor concessions in' good nature by weaker vessels that are too amiable to claim the pound of'flesh at every quarter .of a, mile, hardly warrants the too frequent, absolute usurpation' of the crown of the road by powerful vchicleß, arid -worse tho too common' practice of hugging the offside corners to; economise ; centrifugal - tendencies." . ;■ ;