BJL wrote:Scott_C wrote:jasonc wrote:That is private property. No way does that overule. They have painted those lines in hope. A word to the council will fix it
Under Victorian Road Rule 315 the Give Way lines have effect as they are substantial similar to the give way lines defined in the Regulations and they are painted on a road-related area, they do not need to have been legally installed in order for them to have effect. If you are involved in a collision here and haven't given way there is every chance that you will be found legally liable.
So anyone can paint anything on the roads as long as it complies with road marking standards and road users are legally liable to obey? So the 'No Cyclists' sign some turd put up at The Basin a while ago was legally enforceable?
That's what the Road Rules say, if they required the signs to have been legally installed to be operative everyone would challenge every ticket they got and the Gov would need to prove that each and every sign and marking was installed with correct authority in the correct location for the ticket to stick. It would obviously not be in the publics' interest to enforce an illegally installed sign but the road rules would let them do so.
BJL wrote:The real issue though is the requirement for traffic entering and leaving private property to give way to pedestrians. In practice though, it's the complete opposite as many property owners erect fences or plant trees or hedges which completely obstructs the view of the footpath meaning that any vehicle leaving the property is completely over the footpath before the driver can even see the footpath. It should be illegal for property owners to erect fences or otherwise obstruct the view of a footpath from a driveway. There are specific requirements for fence height, etc for properties on street corners and similar laws should be enforced for all property owners.
There are (council) laws regarding fences. In this case if this was a front fence it should not be taller than 1.5m (as it is in an industrial zone, would have been 0.9m in an R1 zone) without a building permit. Unfortunately I think this fence is technically a side fence (the lot is on the corner of Newman St and Molan St and is numbered as belonging to Newman St so it can be 2m tall without a permit as long as it is more than 9m from the intersection.[/quote]