Is it illegal to overtake at a junction ? Ie you havnt crossed a solid white line nor chevrons etc? In performance bikes forum a guy was passing a car in a 20mph limit with speed humps when the car without indicating turned right and collided with him, there is no mention of speeding . I agree it's not wise to pass at a junction but whose at fault legally????
Highway Code says: Rule 167 DO NOT overtake where you might come into conflict with other road users. For example approaching or at a road junction on either side of the road where the road narrows when approaching a school crossing patrol between the kerb and a bus or tram when it is at a stop where traffic is queuing at junctions or road works when you would force another road user to swerve or slow down at a level crossing when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic.
But is the highway code law? Also Google " shaw vs russel and another 2004" it's not as clear cut as you might think.
The law is generally open for some interpretation, as no two situations are ever the same. The highway code rules that are not to be broken are written as do not or must not. The government site says: "Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’. I'm not a lawyer, but it seems likely that overtaking at a junction will be deemed illegal. However the car should have indicated. Can the rider prove that the car did not indicate as the driver might say he was indicating when the bike rammed him at a junction. With a good lawyer 50/50 liability might be possible?
Exactly that happened to me a long long time ago, there are junctions and junctions I suppose In my case wide main road with the occasional side street off on the right, car actually passed the junction then decided that he'd missed his turn. I was well behind him and moved out to get ready to overtake. As I was just at his tail he swung right and back towards the junction at the same time, no indication. As he turned I turned with him, but he was also swinging back towards the junction and me in wide arc. BAMMMM, it was a Triumph Trident with BIG fixed pegs, the car was Simca, looked a bit like an Imp. The peg entered the front side of the rear arch and exited at the rear side of the front arch opening the car like a can opener, I can still remember looking down at the passenger, as we locked horns so to speak. He ran to a phonebox (none of yer mobile phone rubbish in these days) and called the police leaving me, girlfriend and bike lying in the middle of the road. Thoughtfully he also got a witness. Cutting to the chase the police booked him with careless driving, no lawyers involved just the police. I got a whole lot of new shiny bits for the very slightly bent Trident (it needed a new footpeg)......................happy days
