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Location:
Parramatta
Registered:
July 2002
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whos in the right?
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Wed, 12 March 2003 01:26
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hey guys i know this isnt really tech but i know most ppl read this and i need to know as many opions as possable. help me...i was involved in a accident.
this is the situation Here is what happened, i was on the M2 it occered at 8:47am the traffic was very congested, so i got into the bus lane as other people were doing also, I was travling at rougly a speed of 80kph (to be honest i think about 60) (speed limit is 100kp/h) then all of a sudden a purple ford festiva pulls out in front of me causeing me to brake extramly hard, collinding with her rear driver side bumber bar. Damaging my passanger side gard, front bar and the mag wheel.
All i want to know legally who is in the right.
i know i was in a buslane i know this is illigel, but she was also trying to merge into the buslane so therefore shes in the wrong also as far as i can see, also i know that if u hit a persopn in the rear i know that i would be in the wrong but the thing is it was the rear side, but the thing is she is suppose to give way to me which did not happen. (i have been to the police about the issue and admitted to what i had done being in the buslane, they did not want anything to do with that).
all i would like to know is who is in the right here i belive that i am but she is saying u have hit me in the rear, i have rang the rta police offercers and also i have a photo copy on page 100 of the rta booklet (learners booklet) that they are suppose to give way no matter what.
so as i was saying i would like to know who here is in the right of way.
i will draw up saomething and add it so u can see what im talking about a bit clearer
cheers for all ur help in advanced
Brad
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Toymods Board Member
I supported Toymods
Location:
Turramurra, Sydney.
Registered:
May 2002
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Re: whos in the right?
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Wed, 12 March 2003 01:51
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I reckon you're both responsible, both of you were in the wrong so you should both pay for your own cars.
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Location:
New Zealand
Registered:
May 2002
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Re: whos in the right?
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Wed, 12 March 2003 02:18
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I would say most blame lays with the other driver. If you ignore the fact you were both in a bus lane (which is illegal), then clearly she should have looked for other vehicles before changing lanes. if it wasn't a bus lane she would be liable so I don't see why this should be any different.
Callum
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Location:
Castle Hill
Registered:
December 2002
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Re: whos in the right?
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Wed, 12 March 2003 11:21
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Always thought about taking that bus lane on the M2 instead of waiting in all that traffic... Now I'm glad I didnt! I also think you will both have to pay for your own damage, and dont think the insurance companies will want to help.
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Location:
Sydney
Registered:
May 2002
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Re: whos in the right?
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Wed, 12 March 2003 11:27
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if you hit her side then obviously she wasnt fully into your lane(buslane) so she was still merging/changing into your lane.
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Location:
Sydney
Registered:
November 2002
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Re: whos in the right?
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Wed, 12 March 2003 13:09
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1. you weren't even doing the speed limit
2. you had to brake extremely hard and you still couldn't avoid hitting her
I reckon it's her fault, as she didn't signal long enough, nor change lanes slowly enough to allow you to slow down for her.
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Location:
Brisbane, QLD
Registered:
February 2003
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Re: whos in the right?
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Thu, 13 March 2003 07:48
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Without hearing her side of the story(always 3 sides...yours theirs and the truth  ) i would say she's more so in the wrong even though you were both doing somthing illegal
You should ring up another insurance company(not your own ) and see what they would do in a payout situation..just pretend you're a customer of theirs but dont want to give your name
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Location:
Sydney
Registered:
May 2002
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Re: whos in the right?
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Thu, 13 March 2003 07:59
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umm.....ppl....whats is wrong with u all
if MR. 2 is telling the truth then its obviously her fault
MR. 2 shouldnt even have to tap the brakes ....let alone slam them full on and still rear end her
she is technically in the wrong
i dont know if the bus lane comes into play or not
i dont see why it would
i had an accident with a bus....he tried to pin me down on the fact that i hit the rear corner of his bus....but i still got paid out..... Government Bus Vs 17 yr old P plater......and i still won
if its something as blatant as her having to give way then theres no grey area about it
however im not sure about the whole bus lane thing
But Brad ....the problem is proving that she pulled out infront of u......she can easily just say that she was already in the lane and u just simply rear- ended her......and without any decent witnesses......(im hoping u got some nearby witnesses.....pls tell me u did)....u cant really do much
but yes technically she was in the wrong
let us know how it turns out
Ta
Mani
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I supported Toymods
Registered:
February 2003
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Re: whos in the right?
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Thu, 13 March 2003 08:05
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ive seen the damage,
his passanger side front gaurd is hit.. but its not at all at the front.. more just infront of the wheel arch.. and then going back from there.. so he was basically beside her.. i would guess..
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Location:
Sydney
Registered:
May 2002
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Re: whos in the right?
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Thu, 13 March 2003 08:24
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his passenger guard ?
arent bus lanes usually on the left ???
Ta
Mani
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Toymods Board Member
I supported Toymods
Location:
Turramurra, Sydney.
Registered:
May 2002
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Re: whos in the right?
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Thu, 13 March 2003 09:22
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The bus lane totally comes into it, way before the acco happened. As soon as MR.2 entered the bus lane he was doing something illegal (I'm not having a go at you dude, I break laws every day of my life).
If this didn't happen in a bus lane then I would totally agree that the chick is in the wrong, but if MR.2 wasn't doing something illegal (there for considered dangerous) then there would have been no acco.
I obviously can't give you fact, only my opinion, but seeing as both parties were breaking road rules I reckon both are responsible. I doubt a judge would see it very differently.
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Registered:
July 2002
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Location:
Sydney
Registered:
November 2002
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Re: whos in the right?
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Thu, 13 March 2003 15:13
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was there a turn-off for you anywhere near where you smashed? Just say u were in the bus lane to turn off..
If there's no turn-off anywhere nearby, then she had no right to be in the lane either, thus cancelling out you being in the wrong lane. Unless the judge has had a bad experience w/ bus-lane-drivers and decides to screw you anally by making you both pay ur own damages 
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I supported Toymods
Registered:
February 2003
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Re: whos in the right?
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Thu, 13 March 2003 21:40
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Bus lanes, i thought were nearly always on the left, but this one was on the right.. it was on the M2.. and being on the right side, i doubt there was a turn off close by....
Poor bugger, just got his beast back on the road aswell..
tut tut..
/me ponders what would have happened had he stayed in the corrrect lane....
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Location:
Sydney
Registered:
May 2002
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Re: whos in the right?
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Fri, 14 March 2003 05:32
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I dont see how driving in the bus lane is a dangerous thing to do Joel ?
Certain cars are allowed in the "Bus Lane"....eg: TAXI's , rental cars, motorbikes......so him driving in the bus lane is no different to one of those in regards to dangerousness
Its the "Bus Only Lane" that no one can use....except for buses ofcourse
Ta
Mani
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Club Member
Location:
Sydney, NSW
Registered:
May 2002
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Re: whos in the right?
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Fri, 14 March 2003 12:08
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I'd have to agree with Joel here... I reckon the insurance companies will void both payouts... I prolly wouldn't advise telling insurance about the accident anyway, they will think you're a crazy driver that does illegal stuff and may up your premium...
Just discuss with the other party if they wanna just pay for you own cars...
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Toymods Board Member
I supported Toymods
Location:
Turramurra, Sydney.
Registered:
May 2002
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Re: whos in the right?
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Fri, 14 March 2003 12:43
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Whether you or I see it as dangerous has nothing to do with it. There are hundreds of stupid laws out there that protect us from nothing but ourselves!
But anyway, because it is a law, and laws are merely there to protect us (?!?!?), it must be dangerous to disobey them.
Plus this is a perfect examle of how it can be dangerous if people start trying to drive in the bus lane.
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Location:
Sydney
Registered:
May 2002
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Re: whos in the right?
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Sat, 15 March 2003 00:10
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Ahhk i thought u were just contemplating in your own mind that it was dangerous
didnt realise the law stated that
Yeah MR.2 id go down to your local cop shop and ask them
Ta
Mani
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Location:
Parramatta
Registered:
July 2002
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Re: whos in the right?
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Mon, 17 March 2003 22:08
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hey guys thanx for all the advice all has been taken into consideration.. i still dont know what really to do it looks like i will be taking her to court and see what happens... i mean i know i was doing the wrong but i did report it to the police and asked them but they said we can investigate but they didnt want to do this so they said dont worry about it... so as far as i can see if the police dont care so much about it well why should the judge but i know thats just me being optimistic! this bus lane was on the right the "m2" and the worset part is there is no witnesses.... well there was but no one stopped.
owh well.
anyways guys i will let u know as it progresses. cheers
thanx again for all ur support i appreciate it
thanx Brad
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Location:
Brisbane
Registered:
September 2002
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Re: whos in the right?
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Mon, 17 March 2003 23:50
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Arent bus lanes like transit lanes or something, which allows for cars with more than 3 people. If so I was in this sort of predicament a while ago but I was the one who hit the other car. I dont know what the M2 is but I knew when I had my accident it was my fault. At the time of the accident after you got her details did she say the word "SORRY" to you. Its usually a clear indication that it was her at fault if she did. Also I remember from driving lessons that you are supposed to indicate for a while before changing lanes to let other drivers know. You could use that against her. Could say "If you had saw her indicating, you would have slowed down to allow her in" or something along that line. Good luck with it.
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Location:
Lost in the K hole
Registered:
May 2002
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Re: whos in the right?
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Tue, 18 March 2003 00:36
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from what i read last night... you may actually be in the wrong. as far as i can tell, whatever the circumstances, if there is a car beside you with ANY part of the body of that car IN FRONT of your car, they have the right to merge, and you must give way. It is your responsibility (being the one to give way) to ensure that the other car may do so safely.
cheers
ed
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Location:
Central Coast, NSW
Registered:
May 2002
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Re: whos in the right?
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Tue, 18 March 2003 00:38
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thats only when its a merging lane thats slowly dissapearing into non-existance 
Dan
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Location:
Lost in the K hole
Registered:
May 2002
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Re: whos in the right?
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Tue, 18 March 2003 00:38
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oh, and bus lanes arent anything like transt lanes...
only buses, taxis, emergency vehicles, motorbikes, and hire cars are allowed in bus lanes...
cheers
ed
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Location:
Canberra
Registered:
May 2002
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Re: whos in the right?
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Tue, 18 March 2003 00:59
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I would think that because your illeagaly in the bus lane and she was also illeagaly trying to change lanes into the bus lane that the judge may telll you yourboth in the wrong and to pay for your own damage.
Also have you spoken to your insurance company about this? they should be able to shed some light on the situation.
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Location:
Blacktown Bro
Registered:
July 2002
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Re: whos in the right?
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Tue, 18 March 2003 01:16
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All you need to do, to prove she is more wrong than you is to kind of emulate this conversation with lil ms festiva. Eg below
"Ms Festiva, why the f**k did you merge into the buslane, causing me to hit your car?"
Ms Festiva then replies "Well what were you doing in the buslane?"
Then you say "Oh yeah, oh yeah, what were YOU doing merging into the buslane? Mmmmmmmm?"
Ms Festiva "Um Ah.....Mm Um, that's not the point!"
Then you reply "Like f**k it isnt! So its alright for you to drive in the flamin buslane, but not me....you f**kwhore?!"
Ms Festiva "Aw.....aw......yeah i see your point. I should have looked before i performed an illegal lane change. Im soooo sorry!"
Then you say "thats ok, just give me 10 grand and thats the end of it"
See, just following this simple script and she wont have an argument against you.  .
Wa! 
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Location:
Perth - Cannington
Registered:
December 2002
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Re: whos in the right?
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Tue, 18 March 2003 01:24
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personally, if she took your front guard out.. that suggests that she failed to look at her blind spot before she merged..
therefore its her fault.. because it isn't really her rear end.. more your front bumper..
if she merged into the lane and hit your side and front, then it was her..
the only problem is the bus lane.. so i dont see you getting anything out of it..
unless you let her take control and try to take you to court.. then you have perfect grounds, if they will even look at the case.. because she was merging illegaly..
however, if you can get in there.. then you just need to present the proof.. and try to point out that she merged into you.. and was merging into the bus lane also.. therefore you both were in an illegal position, but it couldnt have been your fault.. you will both probably get a fine for being in the bus lane.. but you will get the payout for damages to your car, because you werent driving dangerously (exclude the bus lane  )
Just my opinion.
Peace
Katsuchiyo
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I supported Toymods
Location:
Central Coast
Registered:
May 2002
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Re: whos in the right?
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Tue, 18 March 2003 01:35
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bwahahaha you idiot rdrginrolla!!! hehehe
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Location:
Perth - Cannington
Registered:
December 2002
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Re: whos in the right?
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Tue, 18 March 2003 01:36
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| rdraginrolla wrote on Tue, 18 March 2003 09:16 |
All you need to do, to prove she is more wrong than you is to kind of emulate this conversation with lil ms festiva. Eg below
"Ms Festiva, why the f**k did you merge into the buslane, causing me to hit your car?"
Ms Festiva then replies "Well what were you doing in the buslane?"
Then you say "Oh yeah, oh yeah, what were YOU doing merging into the buslane? Mmmmmmmm?"
Ms Festiva "Um Ah.....Mm Um, that's not the point!"
Then you reply "Like f**k it isnt! So its alright for you to drive in the flamin buslane, but not me....you f**kwhore?!"
Ms Festiva "Aw.....aw......yeah i see your point. I should have looked before i performed an illegal lane change. Im soooo sorry!"
Then you say "thats ok, just give me 10 grand and thats the end of it"
See, just following this simple script and she wont have an argument against you. .
Wa!
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you forgot to censor "whore".
LOL
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Location:
Blacktown Bro
Registered:
July 2002
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Re: whos in the right?
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Tue, 18 March 2003 03:06
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Did Ms Festiva indicate?
Did Ms Festiva merge over a unbroken line?
Wa!
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I supported Toymods
Location:
fairfield NSW
Registered:
January 2003
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Re: whos in the right?
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Wed, 19 March 2003 21:41
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| ed_ma61 wrote on Tue, 18 March 2003 11:38 |
oh, and bus lanes arent anything like transt lanes...
only buses, taxis, emergency vehicles, motorbikes, and hire cars are allowed in bus lanes...
cheers
ed
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im probably stirring up some more shit but you CAN cross bus lanes where permitted.
eg. going towards the harbour bridge from the north shore into the city. you only have 400m of the bus lane to change into other lanes.
its clearly marked on signs and the road is black and red...
but on topic, i'd just pay for my own damage (dont get the insurance company involved)
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Toymods Board Member
I supported Toymods
Location:
Turramurra, Sydney.
Registered:
May 2002
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Re: whos in the right?
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Thu, 20 March 2003 06:28
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There are plenty of acceptable reasons for moving into a bus lane, maybe her car was about to break down or she was having a fit or something, but there's not many good reasons for driving in a bus lane.
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Location:
Parramatta
Registered:
July 2002
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Re: whos in the right?
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Fri, 21 March 2003 02:21
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i just wanna thanx for all the reply again u all have confused me heaps more cheers guys LOL just playing with u.... i will post the damage that shes dont and where if that will help u guys to see what happened....
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