Specific Driving Manoeuvres
The precautions a driver should take will depend on the type of driving manoeuvre he is engaged in at the time, when:
Driving From A Stationary / Parked Position
If a vehicle is parked / stationary at the side of the road, its driver may not drive from that position unless he is able to do so without interfering with moving traffic approaching from either direction and with safety to himself or others in order to prevent a collision.
A driver who moves off from a stationery position should time his manoeuvre so as not to collide with passing traffic. He should:
- Look first to see whether there is any passing traffic, particularly in an urban area.
- He should also give a conspicuous signal in the manner prescribed.
Having chosen an opportune moment to drive off and having given an appropriate signal of his intention, a driver entering or crossing a stream of traffic may assume that the passing motorist will adjust his driving accordingly.
Before driving off a driver should ensure that his vehicle will not harm any other vehicle or road user which he should anticipate might be in the vicinity ahead of his vehicle.
Generally, before driving off a driver is not obliged to walk to the front of his vehicle to see whether anything or any person is lying on the ground ahead of it.
In R v Lazar 1944 (2) PH 018 (T) the driver parked his vehicle near a bowling club. There was no person in front of it. He was away for about 10 minutes. On his return he approached it from the rear. As he drove off he collided with a man who had been lying on the grass path infront of the vehicle, so close to its front wheels that it was impossible to see him from the driver's seat. The Court held that the driver had not been negligent, because he had no reason to think that anything was lying ahead of the vehicle.
Stopping
The driver of a vehicle on a public road who intends to stop his vehicle or to suddenly reduce its speed must give a conspicuous signal, of his intention, visible to any person approaching him and of a duration sufficient to warn the person of his intention.
During daylight a driver must signal his intention by hand or by the operation of the stoplight attached to his vehicle. After dark a stoplight will in most instances be the only satisfactory means of indicating a driver's intention to stop or decelerate.
A driver who, without giving the following traffic adequate or timeous warning , stops in the path of following traffic when it is inopportune to do so, or reduces his speed in such a manner and to such an extent that his vehicle causes an obstruction to other traffic, is negligent.
(Nkuta v Santam 1975 (4) SA 848 (A)
A driver should stop at the place where his vehicle is not likely to constitute a danger to other road users and unlikely to cause an accident.
Reversing
The driver of a vehicle may not cause it to travel backwards unless this can be done in safety and is not done for a distance or time longer than may be necessary for the safety or reasonable convenience of any occupant of the vehicle or of other traffic on the road.
A driver who reverses his vehicle must mutatis mutandis take the same precautions as one driving ahead. He must keep a proper lookout (to the rear), drive at a reasonable speed, and when necessary give timeous warning of his approach. (Weber v Santam 1983 (1) SA 381 (A) Before commencing to reverse a driver should ensure that his vehicle will not harm any other vehicle or road user which he should foresee might be in vicinity behind his vehicle.
Depending upon the circumstances, a driver may, when reversing rely upon the lookout kept by another person.
Passing / Overtaking
Before overtaking another vehicle a driver is under a duty to satisfy himself that it is safe to do so, in order to prevent a motor vehicle accident due to negligence. In discharging this duty the main concern of an overtaking driver travelling on a single carriage way is:
- Traffic ahead proceeding in the same direction;
- Traffic travelling behind;
- Traffic stationary or alongside the road;
- Pedestrians crossing the road ahead; and
- Traffic approaching from the opposite directions;
Passing On The Right
The driver of a vehicle intending to pass another vehicle proceeding in the same direction (more correctly to overtake) must pass to the right thereof at a safe distance and may not again drive on the left side of the road until safely clear of the vehicle overtaken.
In addition to his duty to the vehicle being overtaken, before overtaking a driver should look back in his rear view mirror to ascertain whether there is traffic following him. If there is traffic reasonably close to behind which may be contemplating the same menoeuvre as he is, he must give timeous and adequate signal of his intention to overtake.
(Weswik v Crews 1965 (2) SA 690 (A)
There is no general rule that an overtaking driver is under a duty to warn the driver ahead that he is about to be overtaken. On a main road an overtaking driver is generally entitled to assume that slower traffic being overtaken will continue on its course on the left of the road. A duty to warn (either by flicking headlights or by hooting) will depend inter alia on the locality, the movement of the vehicle ahead, its speed, or any other indication that its driver may be intending to move to its right. An overtaking driver may be under a duty to give a proper warning when he intends passing closely to the vehicle being overtaken or where he should anticipate that it may move laterally.
(Morrall v Stofberg 1946 CPD 294)
The overtaking vehicle should pass the vehicle being overtaken at a safe distance, an overtaking driver must leave a sufficiently wide berth between his vehicle and the vehicle being overtaken.
In the case of pedal cycles and horse drawn vehicles a greater degree of lateral movement must be expected than in the case of a motor vehicle and the overtaking driver must make due allowance therefore. Again, where the road surface is rough or its rider is a young child, the pedal cycle should be allowed a greater clearance than otherwise.
Passing On The Left
Overtaking on the left is permissible if the driver of the overtaking vehicle can do so with a safety to himself, other traffic, or property, which may use the road and:
- The vehicle being overtaken is turning to its right or the driver thereof has signaled his intention of turning to his right;
- The road is a public road in an urban area; and
- Is restricted to vehicles moving in one direction,
- The roadway is of sufficient width for two or more lines of moving vehicles;
- The road is a public road in an urban area and the roadway is of sufficient width for two or more lines of moving vehicles moving in each direction.
- The roadway of such road is restricted to vehicles moving in one direction and is divided into traffic lanes by appropriate road traffic signs;
- He is driving in compliance with the directions a police officer or in traffic which is under direction of such officer, and in accordance with such directions.
Duty of Driver Being Overtaken
The driver of vehicle on a public road must, upon becoming aware of the other traffic proceeding in the same direction and wishing to overtake this vehicle, cause his vehicle to travel as near to left edge of the roadway as is possible without endangering himself or other traffic or property on the roadway, and may not accelerate until the overtaking vehicle has passed.
Driver’s Duty to Oncoming Traffic
When about to pass oncoming traffic the driver of a vehicle must ensure that his vehicle does not encroach on the roadway to his right in such a manner as may obstruct or endanger such oncoming traffic.
Before overtaking a driver must satisfy himself that it is an opportune moment to carry out the maneuver, i.e. that he will be able to clear the path of the approaching traffic safely. At the same time he must satisfy himself that when returning to his correct side of the road he does not endanger the traffic he is overtaking.
(Kruger v Van der Merwe 1966 (2) SA 266 (A)
Turning
Deviation from a vehicle’s line of travel involves a particular risk of causing harm other traffic, which a driver is under a duty to avoid. In discharging this duty the main concern of a driver intending to turn left will be for:
- Traffic traveling behind him;
- Traffic approaching from the opposite direction, and
- Traffic in the cross-street
Driver’s Duty when Turning Left
The driver of a vehicle who desires to turn to the left must indicate in the prescribed manner his intention to turn and must steer his vehicle as near to the left side of the roadway on which he is traveling as circumstances may permit and must make such turn with due care and merge into such traffic stream as may at the time be proceeding along, towards or into the public road into which he desires to turn.
Turning to the left is generally not as dangerous a maneuver as a turn to the right; never the less, it is one which must be undertaken with due regard to other road users. A driver who intends turning left should guard against the possibility of unseen vehicles particularly a motor or pedal cycle, passing on his left at the critical stage of the
maneuver.
(Voortrekker Apteek v Serfontein 1979 (3) SA 906(0)
Driver’s Duty when Turning Right
The driver of a vehicle on a public road who desires to turn to the right must, before reaching the point at which he desires to turn, indicate his intention to turn and must not effect such turn unless he can do so without obstructing or endangering other traffic and -
- If he is driving in a vehicle on the roadway of a public road where such roadway is intended for traffic in both directions
- he must steer such vehicle as near as circumstances may permit to the immediate
- where the turning is at an intersection, he may not encroach on the right half of the roadway into or out of which he intends to turn, except in the intersection itself.
- If he is driving a vehicle on a roadway of a public road where such roadway is intended for traffic in one direction only -
- he must steer such vehicle as near as circumstances permit to the right side ofsuch roadway; and
- when the turn is at an intersection he may not encroach on the right half of the roadway into which he intends to turn, except in the intersection itself, but must in any event pass to the left of any traffic island is such intersection or comply with the direction conveyed by an appropriate road traffic sign; but must in any event pass to the left of any traffic island in such intersection or comply with the direction conveyed by any appropriate road traffic sign; but where such turn is to be made into a roadway intended for traffic in one direction only, he may encroach on the right half of the roadway.
(Section 95(2) of the Road Traffic Act 1989)
To turn to the right across the lane of the following or approaching traffic is potentially a dangerous maneuver.
(Bata Shoe Co v Moss 1977 (4) SA 16 (W)
(a) Duty to following traffic
A driver who intends to turn should:
- Ascertain whether there is following traffic;
- Signal his intention clearly; and
- Refrain from turning until an opportune moment.
A driver should look attentively in his rearview mirror to ascertain whether there is traffic following his vehicle. His duty is a continuous one: one look in the rearview mirror may not be sufficient; the circumstances may require a driver to look repeatedly in his rearview mirror, particularly once he becomes aware of the presence of the following traffic.
A driver is under a duty to warn following traffic that he intends to turn to his right. To this end he must signal his intention clearly and timeously. It is not sufficient, however for the driver who is about to turn right to signal his intention, even if the signal is given in good time. He is under a further obligation to refrain from making the turn until an opportune moment, i.e. at a time when the maneuver will not obstruct or endanger other traffic. His signal signifies that he intends turning at an opportune moment.
To carry out a right hand turn safely a driver is invariably obliged to make assumptions he is entitled to make vis-à-vis following traffic. He must satisfy himself that the following traffic has seen and is reacting to his signal.
A turning driver who has given a timeous signal, which has been heeded, by the driver of the vehicle traveling immediately behind is not entitled to ignore or have no regard to other vehicles which are or may be traveling behind the one immediately behind him.
(Welf v Christner 1976 (2) SA 170 (N)
(b) Duty to oncoming traffic
A turning driver must keep a proper lookout for traffic approaching from the opposite direction, as clearly as in the case of following traffic, he must signal his intention clearly and refrain from turning until an opportune moment.
A driver should not turn in the face of approaching traffic unless and until he is satisfied that there is sufficient room between his vehicle and the approaching vehicle for him to complete the maneuver safely.
(Van Staden v Stocks 1936 AD (18)
In various cases a driver who turned across the path of an approaching vehicle without any or adequate warning of his intention has been held solely liable for a collision between the two vehicles.
(Van Staden v Stocks 1936 AD (18)
The duty of an approaching driver who sees a driver signaling his intention to turn has been stated as follows:
”A driver of a vehicle proceeding in this latter direction (opposite direction) does not, with reference to a vehicle whose driver has signal an intention to turn across his path and who is directing his vehicle towards the middle of the road prepatory to doing so, incur an obligation to stop or slow down. Certainly he must keep such vehicle under observation and as soon as it is clear that, despite the importunes of the moment, it intends to cross in front of him, he must take all reasonable steps that may be necessary to avoid colliding with it”.
(Sierborger v SAR & H 1961 (1) SA 498 (A)
In considering when it is opportune for (the driver who is turning right) him to turn, it is not unreasonable for a driver to rely on an indication from an approaching driver (such as in obvious decrease in speed) that he may turn across his line of travel.
(Harvey v Brown 1965 (3) SA 746 (E)
In various cases a through driver who failed to take precautions to avoid colliding with an errant turning driver has been held jointly liable with the driver for the collision.
(Khwerana v SA Mutual Fire & General Insurance 1979 (2) SA 947 (A)
UNISWA v Humphrey 1979 (3) SA 1 (A)
Entering / Crossing Uncontrolled Intersection
A driver may not cross a public road unless the road is clear of moving traffic for a sufficient distance to allow him to cross the road without obstructing or endangering any such traffic and he may not enter a public road unless he can do so with safety to himself and other traffic.
A driver approaching an uncontrolled intersection must travel, keeping such a lookout, at such a speed, and with his vehicle so under control, so as to be able to avoid colliding with other traffic using the intersection. Whether a driver of a vehicle who is involved in an intersection collision has discharged these duties will depend upon the circumstances of each case and the assumptions he is entitled to make.
A driver is entitled to assume that other road users will act reasonably unless there is some circumstance, which warns or ought to serve as a warning to him, that the other road users may act unreasonably. This does not relieve a driver from his duty to be vigilant so as to be in a position to take steps to avoid a collision should the driver of the other vehicle act unreasonably.
A driver has not absolute right of way merely because his vehicle first reaches an intersection of roads of equal importance.
(Galante v Dickinson 1950 (2) SA 460 (A)
Coetzee v Van Rensburg 1954 (4) SA 616 (A)
A driver traveling along a main road is entitled to assume that the traffic approaching from the minor crossroad will not enter the intersection unless it is safe to do so.
The duties of a driver entering an intersection from a minor crossroad have been stated as:
”When a person driving a car approaches a street which is a main thoroughfare, or in which he is aware that there is likely to be a considerable amount of traffic, he must approach the intersecting street with due care and be prepared to expect traffic.
His first duty is to see that there is no traffic approaching from his right and then to look for traffic approaching from his left. Where the visibility at the point of the intersection is such that the driver is able to see a considerable distance in both directions in the intersecting street, he is entitled to enter the intersection at a greater speed than if the visibility is obscured. What speed should depend on the circumstances of each case.
But where visibility is obscured, where in other words, the corner is a blind corner he must exercise greater care. On approaching such a corner, his first duty is to look to the right, and he sees no traffic he should look to the left. If no traffic is observed approaching in either direction, then, as his line of vision increases as he proceeds, he should keep both directions in order mentioned under observation and have his car under complete control should approaching traffic enter his line of vision.”
(Van der Merwe v UG 1936 TPD 185)
While the driver on the main road is entitled to assume that the driver on a minor cross road will not enter the intersection unless it is safe to do so, this assumption does not confer upon him a right of way over the driver traveling along a minor cross road, he is not entitled to drive at such a speed, despite warning, that he is unable to avoid colliding with a vehicle entering the intersection from the minor cross road.
(Robinson Bros v Henderson 1928 AD 138)
Once the driver on a main road becomes aware of a vehicle approaching an intersection along a minor cross road it is his duty to keep such vehicles under observation, and failing to do so may be negligent.
Stop Streets
A driver in a stop street should not enter an intersection until he has sufficient view of approaching traffic should his view be obstructed he should move forward slowly to a point from where he can see past the obstruction. And where the driver, in a stop street, had his view on a through street obstructed by a vehicle parked in a through street, but entered the intersection before he had taken any steps to find out whether any vehicles were approaching from his right along the through streets, the Court held that the defendant had been negligent.
In Cramer v SAR & H 1949 (2) SA 125 (T) the following principles has been laid down:
- That the through street driver is entitled to rely on the protection of a stop sign;
- That the through street driver must take all precautions against collision with vehicles which may have entered the intersection in breach of the regulation or can be seen to be about to do so.
- If the through street driver sees or ought to see the approach of a vehicle in the stop street which gives no indication by speed or otherwise to a reasonable observer that is does not intend to stop at the stop line, the through street driver cannot be blamed for proceeding on his course and maintaining a lookout only to his front.
This has been confirmed in the decision :
Diale v Commercial Union Assurance 1975 (4) SA 572 (A)
A driver traveling through a through street who sees a vehicle stop at a stop street is not expected to anticipate that the second vehicle traveling along the stop street will overtake the stationary vehicle and on its incorrect side of the street enter the intersection without stopping.
Robot controlled intersection
Traffic light signals at intersections are an important feature of contemporary traffic control. The manner in which they normally function is so notorious that the Courts take judicial notice of the fact that when the light signal facing in one direction at the right angle intersection is green, that light signal facing at right angels to it is probably red. This is not an irrefutable presumption.
Synchronization can be put in issue by defendant questioning witnesses called by the plaintiff to proof that the signals facing the defendant was red with a view to establish that the signal were not properly synchronized; but cross examination in itself does not create a real possibility that the signals were not functioning properly at the critical time unless it elicits facts, such as complaints from other motorists or evidence of collisions between other vehicles, from which malfunction of the signal can be inferred.
The driver entering an intersection shortly after the green signal turns in his favour shall make allowance for the possibility of other traffic which has not yet cleared the intersection moving across his line of travel; but thereafter he is entitled to assume the traffic facing the red signal will not enter the intersection until it receives the green signal.
Accordingly a driver entering shortly after a robot turns to amber is entitled to assume, in the absence of any indicating to the contrary that the traffic facing the red signal will not enter the intersection until it receives the green signal.
In effect a green signal at a robot controlled intersection confers on a driver who has the green signal in his favour a right of way, but does not relieve him of his duty to keep a lookout for traffic in the intersection as he drives through the intersection, he is required to be alert and direct his attention to his immediate vicinity.
Netherlands Ins v Brummer 1978 (4) SA 824 (A)
AA Onderlinge Ass v M Mantje 1980 (1) SA 655 (A)
Traffic Lanes and Driving Signals
The driver of a vehicle on a public road divided into traffic lanes by appropriate road traffic signs shall not move from one lane into or across another lane unless he can do so without obstructing or endangering the traffic.
The duty of a driver who intends crossing from one lane of traffic to another proceeding in the same direction is to keep a careful lookout for the following traffic with which his vehicle might collide. He should operate his direction indicator to indicate his intention to other road traffic. At the same time the operation of a direction indicators does not dispense for the need to keep a proper lookout. The greater the volume of traffic in which a driver is traveling, the greater a driver’s alertness should be.
A driver changing lanes engages in a potentially dangerous maneuver, and is expected at all reasonable times to be alert for foreseeable traffic exigencies.
Dust, smoke and heavy mist
The duty of a motorist is the abovementioned circumstances are clearly set out in the judgment by Colman, J. in the matter of Pienaar and Another v Commercial Union Ass Co of SA Ltd. 1996 (3) SA 61 (T) where the following was said: ” the driver …….
- Should enter dust cloud, if he does so at all, at a speed which will enable him within the range of his restricted vision, to avoid collision with any vehicle, person or other objects, which he might reasonably expect to encounter in the dust.
- He should drive in the dust with such care, and alertness as will enable him to avoid a collision.
- If the visibility in the dust cloud can reasonably be expected to be so bad that even at a slow speed there is danger that he will be unable to avoid such a collision as I have referred to, he should not enter the dust cloud at all but should stop and wait for it to subside. There may even be circumstances in which the exercise of reasonable care will require a motorist to drive off the carriage way and stop on the verge or the veldt. In other circumstances it may be expected of him that he hoot or put on his headlights.
- If a dust cloud is not a stationary one but one which a driver has seen moving towards him and he has, because of that, been able to observe a stretch of road ahead of him before it becomes obscure by dust and has satisfied himself that it is clear of impediments, he may drive over that stretch even after it has become obscured provided that he does so at an appropriate speed and with appropriate care.
Speed and range of vision
A prudent motorist driving on a road commonly used by the public should foresee the possibility of encountering stationary, slow, or fast moving traffic; pedestrians, animals, and obstructions generally; and of being confronted by a diversity of situations which may create actual or potential emergencies. He should appreciate that other road-users enjoy equal right to use the road and that the law imposes reciplical duties on all persons using the road. To ensure that it does not harm other road-users a motorist should drive a speed at which he is able to stop within his range of vision.
This is basic to careful driving. A corollary of the principle that a driver must regulate his speed according to his range of vision is that a driver of a vehicle which collides with a conspicuous obstruction is on the horns of a dilemma – either he was traveling at a speed at which he was unable to stop his vehicle, it implies an excessive speed.
This will only come into play when a motorist should have foreseen such a possibility. Thus a Court has refused to hold that the motorist who collided with an inconspicuous obstruction after dark:
- while driving along a rural road and the obstruction was a trailer attached to a bus which had broken down;
- while driving along provincial road passing through a rural area and the obstruction was tractor being used to drag a lorry out of mud in which it had become stuck, or driving along a freeway and the obstruction was a stationary vehicle standing across the lane in which the motorist was driving; or driving in an urban area and the obstruction was a pedal cycle without reflectors or lights; should have foreseen the possibility of encountering the obstruction in the circumstances in which the collision occurred.
- The reason advanced in these cases for reaching this conclusion was that the motorist was not confronted with “the simple situation of an ordinary road obstruction” coupled with the absence of adequate warning devices which created “a not readily foreseeable occurrence of circumstances of a dangerous kind”.