Flicking on the indicator does not give right of way but it is a common line maintained up to and including trial, often right up to the point when the Judge finds for the motorcyclist.
As a matter of law the overtaking vehicle has right of way and the moral high ground. The rules of law also state: do not overtake by junctions, solid white line systems apply to motorcyclists and if you have a queue of traffic braking to a stop ahead of you, the presumption that you can nip around the outside without assessing the risk of a vehicle at the head of a queue turning right out of that queue of traffic is a foolhardy risk. Wisdom says squirt past the vehicles briskly and that is how I do it, but in the certain knowledge that if I come a cropper one of the vehicles I have briskly overtaken will no doubt say I flew past and I was an accident waiting to happen.
The vehicle being overtaken owes you one duty only which is to maintain a safe and steady course. If you balls up your overtake, the driver of the overtaken vehicle need do nothing. He does not know if you will brake and tuck back in behind or wind on the throttle to power by. A pithy summary of the law is ‘you have gone for the overtake, so you sort it out’.
If the driver starts to accelerate as you pull alongside, back off, get behind him and leave a big gap. Overtaking somebody because you want to be out of their way because that individual is driving like an idiot means that for a period you are alongside him, with no control over him and little control of where you put yourself. Judges are not impressed by speed tussles between cars and motorcycles.
If the driver is incompetent rather than aggressive, an overtake is still unwise. It surprises me that rational and experienced motorcyclists get sideswiped by a car which has been driving oddly for some distance, and as the motorcyclist goes for an overtake, the driver veers into his path. Usually the driver is either lost, concentrating on his sat nav, or very old.
You can control what you do, but you have minimal influence over other road users so if you are going to put yourself alongside a car, probably best to be reasonably sure the driver is capable of a steady course. If he hasn’t managed it before, chances are he will go wrong again. However, it is unlikely to result in any legal consequence whereas aggressive overtaking of a car that wants to play racers will result in a very serious reduction of your award if it goes painfully wrong.
Andrew Dalton
Bike Magazine April 2017
I have a question, if a guy on a scooter tries to overtake in an area of roadworks, (there are still two lanes operating but is restricted by width) and the car he is trying to overtake starts to turn and he hits the car in the rear quarter, who is at fault? by the way, the driver did not indicate to make a turn.
I do indeed make the point about solid white lines and junctions. I also point out that if a motorcyclist makes an overtake which leaves him or her in hospital, then it is hardly a good result. However, as a statement of law it is the duty of a vehicle being overtaken to maintain as safe and steady course and it has been such since at least 1999. I overtake very differently on my 160 bhp motorcycle as compared to my diesel camper van. If you are travelling at 45 in a 60 and I am in my camper, I am stuck behind you until I have a very long overtaking opportunity. On my bike I can be past you in no time at all, on the incorrect side of the road for a very short period and it is perfectly proper for me to use the power and acceleration of my motorcycle. I have no more “rights” on my motorcycle but I do have the ability to make a fast and safe overtake which would be impossible in any car and I am entitled to use it so long as I follow the other myriad of rules of the road. If I do it on a solid white line system and cross the white line, I am committing an offence. If I do it by a junction I am taking on a high risk of it eventually going wrong or if I do it when it is obvious or reasonably foreseeable I will come into conflict with other road users, then the law will apportion blame or punishment.
I would suggest the overtaking vehicle does NOT have any moral right – especiallly if they are exceeding the speed limit, approaching a road junction or crossing solid white lines in order to pass.
I would also contend having superior power and acceleration does not bestow any rights over other road users no matter if the said vehicle is a motorcycle or a high performance car.
Your unqualified statement could be construed as an encouragement (if any were needed) for motorcyclists to overtake at will.