Car crossing footpath v mobility scooter?

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Gordy7

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Topic # 230700 9-Mar-2018 11:21

I was exiting my house via my 6 metre sliding gate....

Checked for pedestrians.... all ok.

As I was crossing the footpath a mobility scooter came zooming up from my left.

The scooter stopped ok.

Who has the right of way?

Gordy

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Reply # 1971716 9-Mar-2018 11:24

I suspect the scooter does.

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Behodar

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Reply # 1971718 9-Mar-2018 11:25

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I believe that pedestrians have right of way on the footpath, and I suspect that scooters are classified as pedestrians in this case.

With that said, scooters shouldn't be charging around at full speed when there are moving cars nearby; that's just common sense.

Gordy7

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Reply # 1971736 9-Mar-2018 12:02

Just came across an item on Stuff:

https://www.stuff.co.nz/waikato-times/opinion/75952113/mind-that-mobility-scooter

A couple of extracts:

When these machines first appeared a few years ago now, they were little more than wheelchairs for the disabled or elderly people with a little electric motor for ease of travel. They got along the footpath at a sedate walking pace...

These things can now hurtle along the footpath at a pace even an Olympic walking champion could not maintain for long. To make matters worse, they are as silent as an attacking great white shark; by the time their presence is felt, it is too late to take evasive action.

Gordy

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Reply # 1971737 9-Mar-2018 12:02

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Behodar:

I believe that pedestrians have right of way on the footpath, and I suspect that scooters are classified as pedestrians in this case.

With that said, scooters shouldn't be charging around at full speed when there are moving cars nearby; that's just common sense.

Its more than common sense, its the law

2004/427 Land Transport (Road User) Rule 2004 Part 11 cl 11.4

"A driver of a mobility device or wheeled recreational device on a footpath—

(a) must operate the device in a careful and considerate manner;

SepticSceptic

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Reply # 1972019 9-Mar-2018 17:28

Surely the driver of the scooter would have seen your 6m gate open up ?

My thoughts are no longer my own and is probably representative of our media-controlled government

timmmay

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Reply # 1972025 9-Mar-2018 17:38

Pedestrians have right of way on a footpath. However, if they're travelling at high speed my opinion especially after a massive gate opens up is it's their risk.

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kiwifidget

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Reply # 1972026 9-Mar-2018 17:38

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Wouldn't most mobility scooter operators have diminished ocular acuity?

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timmmay

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Reply # 1972028 9-Mar-2018 17:41

kiwifidget:

Wouldn't most mobility scooter operators have diminished ocular acuity?

Nope. Some are as a result of an accident or surgery that affects only a specific part of their body that makes mechanical assistance necessary.

For example, a 25 year old guy at work hurt his leg playing rugby, and is using a scooter to help him get around after surgery.

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kiwifidget

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Reply # 1972033 9-Mar-2018 17:51

most @timmmay, most. Obviously not all, but it seems reasonable that MOST mob-scooterers would be elderly.

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Rikkitic

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Reply # 1972042 9-Mar-2018 18:19

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the stronger look out for the weaker. what is the problem? i don't care who has 'right of way'. i care that i don't hurt someone. if i am in a car and someone is on a mobility scooter i am clearly the stronger party and i have the greater responsibility to look out.

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Gordy7

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Reply # 1972095 9-Mar-2018 18:56

Rikkitic:

the stronger look out for the weaker. what is the problem? i don't care who has 'right of way'. i care that i don't hurt someone. if i am in a car and someone is on a mobility scooter i am clearly the stronger party and i have the greater responsibility to look out.

Yes, it is about caring that no one gets hurt....

Even though I had checked that nothing was on the footpath in the vicinity of the gate as I drove out, this instance caught me by surprise as the scooter was moving pretty fast.

Even though the big gate had just opened the scooter rider may not have seen it opening.

Gordy

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Reply # 1972098 9-Mar-2018 18:59

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If you;re already pulling over it and they zoom along then they have to wait for you to finish. Its like intersections, you have to give way to people already in the intersection

Richard rich.ms

SheriffNZ

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Reply # 1972099 9-Mar-2018 19:01

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Rikkitic:
the stronger look out for the weaker. what is the problem? i don't care who has 'right of way'. i care that i don't hurt someone. if i am in a car and someone is on a mobility scooter i am clearly the stronger party and i have the greater responsibility to look out.

Not to divert too far off topic, as a cyclist, it would be great if everyone thought as you do.

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Reply # 1972108 9-Mar-2018 19:37

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Rikkitic:

the stronger look out for the weaker. what is the problem? i don't care who has 'right of way'. i care that i don't hurt someone. if i am in a car and someone is on a mobility scooter i am clearly the stronger party and i have the greater responsibility to look out.

I don't think society does nowadays. Every time there is an article in a news site or a post on social media about cyclists motorists vent out how they'd love to kill a few cyclists, and it's actually not funny!

Swype on iOS is detrimental to accurate typing. Apologies in advance.

timmmay

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Reply # 1972144 9-Mar-2018 20:53

An unpowered scooter can reach 25kph on flat ground, half the open vehicle road speed limit. It takes a bit of effort to get it there though. Hit something at that speed and you probably have a bit of a mess.

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