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Old 08-05-2011, 02:51 PM   #27
Jim Goose
FF.Com.Au Hardcore
 
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
Default Re: Who's at fault? - apartment block prang

Quote:
Originally Posted by gtxb67
i would have thought that to be the case if the original diagram is correct. even on private property, you are still governed by some rules - dangerous driving, alcohol etc. so i assume you would still have to obey the first road rule. you must drive in a way to avoid an accident. if the car was already in the driveway (and it must have been to be hit square in the side), then the reversing driver had to wait



you would still have to follow some rules, wouldn't you. certainly it is more grey on private property, but i would think you cannot just reverse into someone that is there (assuming the first diagram is correct). otherwise, insurance companies would not cover you, would they, because it cannot be open slather
Private property which isnt part of a road related area have no rules.
The Road Traffic Act only covers Roads and Road related areas (footpath, median strip, verge etc). Some "private" areas are covered, such as a public carpark, parks etc fall under the umbrella.

A private carpark doesnt in an apartment complex wont be covered as its not an "open" invitation to the public to enter the carpark, unlike a carpark at woolies for instance..

Otherwise you wouldnt be able to drive an unregistered car on your land...
or drive an illegally modified car on your land ....
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