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Ask Jared Pereira Your Own Question
Jared Pereira
Jared Pereira, Lawyer
Category: Australia Law
Satisfied Customers: 15
Experience:  Principal Solicitor at Pivot Business Lawyers
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Does Traffic Rule 128 come into play at an intersection

Customer Question

Does Traffic Rule 128 come into play at an intersection where our driver has turned right against a yellow/red light and proceeded across the intersection. The other driver has commenced to drive from a stationary start on getting his green light (he was waiting at his red light). He has hit our driver on the rear near mudguard causing a crash. Should he have entered the intersection under 128?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Jared Pereira replied 1 year ago.

Hi there. Rule 61 permits your driver to complete a turn if s/he has already entered the intersection when the light turns against him/her. The other driver ought not to have entered the intersection to proceed across, if the intersection was blocked or it was unsafe to do so, so I would say you have a good argument that rule 128 applies to the driver who hit your driver. Hope this has been of assistance, regards, Jared.

Expert:  Jared Pereira replied 1 year ago.

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site, and please remember to rate my answer. Regards, Jared