QLD Who Gives Way on a Footpath - Car Driver or Pedestrian?

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Dan Phillips

Member
15 February 2015
2
0
1
Suppose a driver of a car wants to enter or leave a property via a driveway, thus crossing the footpath, and suppose that at the same time a pedestrian wants to cross the driveway, walking in the direction of the footpath.

Who must give way to whom in this case?

I ask this because the above situation happened to me where I was the pedestrian. The driver of a van who wanted to enter a property honked his horn at me with the implication that I should give way to him, whereas I assumed I had right of way and he should have given way to me.
 

Ponala

Well-Known Member
10 February 2015
212
21
654
You are right. Footpath is a road related area.

(1) A driver entering a road related area or adjacent land from a place on a road without traffic lights or a stop sign , stop line, give way sign or give way line must give way to—

(a) any pedestrian on the road; and

(b) any vehicle or pedestrian on any road related area that the driver crosses or enters; and

(c) if the driver is turning right from the road—any oncoming vehicle on the road that is going straight ahead or turning left; and

(d) if the road the driver is leaving ends at a T-intersection opposite the road related area or adjacent land and the driver is crossing the continuing road—any vehicle on the continuing road.

(1) A driver entering a road from a road related area, or adjacent land, without traffic lights or a stop sign , stop line, give way sign or give way line must give way to—

(a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from a road related area or adjacent land); and

(b) any pedestrian on the road; and

(c) any vehicle or pedestrian on any road related area that the driver crosses to enter the road; and

(d) for a driver entering the road from a road related area

(i) any pedestrian on the road related area; and

(ii) any other vehicle ahead of the driver's vehicle or approaching from the left or right.
 
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