NSW Traffic Law - Distance Maintained Between Cars on Uphill Traffic?

[Natezy]

Hi all.

A friend of mine was telling me about an incident that took place the other day and I was just curious to know who is at fault..

He was in his truck on an uphill in traffic when his truck stalled and rolled and nudged the car behind him. Car suffered some cosmetic damage. Nothing major...

Should the car behind have maintained a certain distance behind the truck under traffic law?

Thanks in advance for any info provided.

 

[Natezy]

Anyone ?

 

[Natezy]

 

[Adam1user]

Hi,

Tricky questions - best way to ask insurance company, they can let you know. But in my opinion, is that I think the person at the rear should be at fault, as the person should have kept a safe distance to allow the person to reverse and sound the horn. Unless that the truck has reversed more than a reasonable distance.

Hopefully someone else would give a better answer!

 

[Clancy]

Well if his truck stalled, then that means the car behind already used his 'safe distance' to safely stop without hitting the truck... You cannot possibly be expected to 'maintain' a safe distance when you're actually 'using' the safe distance to stop!

The truck is in the wrong logically speaking. Legally, he probably is in the wrong as well but cannot say for sure?

 

[Rob Legat - SBPL]

Except that the 'safe distance' isn't always the same amount of space in all circumstances. It might be considered necessary to leave a greater safe distance because of the fact that you're following a truck up a hill.

 

[Clancy]

Except that the 'safe distance' isn't always the same amount of space in all circumstances. It might be considered necessary to leave a greater safe distance because of the fact that you're following a truck up a hill.

Considered by who? The safe distance is taught to drivers based on speed per second, i do not remember anyone saying anything about a truck going up a hill. they do say you have to leave more space if your cutting in front of a truck because they need more stopping space.

 

[Rob Legat - SBPL]

Well, Queensland Transport's website (Safe following distances | Transport and motoring | Queensland Government) states:

"You should drive at least 2 seconds behind the vehicle in front during ideal conditions.

Add 1 second extra for each 3m of trailer length - when driving a vehicle towing a trailer or caravan.

Remember to also:

- double your following distance in poor conditions
- increase following distances if you're driving a heavy vehicle."

As for "considered by who", well that would be whoever in charge is making the decision - ultimately a court.

The simply fact is you can't fail to take into account the prevailing conditions and environment. You must always drive to suit the conditions. What suits on a clear, dry day on a road in good condition will not suit for a wet road on a hill in the dark (for example).

 

[Clancy]

Well, Queensland Transport's website (Safe following distances | Transport and motoring | Queensland Government) states:

"You should drive at least 2 seconds behind the vehicle in front during ideal conditions.

Add 1 second extra for each 3m of trailer length - when driving a vehicle towing a trailer or caravan.

Remember to also:

- double your following distance in poor conditions
- increase following distances if you're driving a heavy vehicle."

As for "considered by who", well that would be whoever in charge is making the decision - ultimately a court.

The simply fact is you can't fail to take into account the prevailing conditions and environment. You must always drive to suit the conditions. What suits on a clear, dry day on a road in good condition will not suit for a wet road on a hill in the dark (for example).

Be that as it may, I'm still not seeing anything here that suggests increasing distance because of driving 'behind' a truck on a hill?

 

[Rob Legat - SBPL]

You're not going to get a list of every circumstance. That's not the way life works. It's certainly not the way government works. And, increasingly, it's also not the way the law works.