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Does Traffic Rule 128 come into play at an intersection

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where our driver has turned...
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: 2 years ago.Category: Australia Law
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Answered in 51 minutes by:
10/25/2015
Solicitor: Jared Pereira, Lawyer replied 2 years ago
Jared Pereira
Category: Australia Law
Satisfied Customers: 15
Experience: Principal Solicitor at Pivot Business Lawyers
Verified

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.

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Solicitor: Jared Pereira, Lawyer replied 2 years 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

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Jared Pereira
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Category: Australia Law
Satisfied Customers: 15
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