Right of Way

I hear people talk about right of way, such as: ‘I was driving down the road when some idiot went through a stop sign and ran into my car – I had right of way!’

But what is right of way?

In traffic law there is no such thing as right of way, at least not in Australia[1]. Simply, right of way refers only to a legal agreement between landholders that allows one to pass over the other’s land.

What is actually being referred to is priority. Traffic law provides an order of use for a section of road. This provides a level of certainty for who should proceed next, promoting improved traffic flow and efficiency, and road safety.

Thinking in terms of right of way suggests that everything else should, no, must get out of my way, it is my right to use the road! All bow before me as I have right of way… oh, that is not really the way the roads are intended to be used, is it?

The NSW Road Users Handbook has a short piece on sharing the road, which is a step in the right direction, but what happened to having a duty of care for other road users? This concept is legalised in work health and safety legislation, yet not in traffic law.

All road users need to understand they hold a duty of care to themselves and all other road users.

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[1] The NSW Drivers Handbook erroneously refers to pedestrians having right of way on page 50.