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Old 23.01.2013, 18:55
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Right of Way on Hill?

Does the uphill driver have the right of way on a hill, no matter what?
I was coming down a steep hill with alternating barriers (left side, right side, left again, etc...). I was the downhill driver, and the barrier was on the other side of the road.
If the road had been flat, I would have had the right of way. In this instance, however, the uphill driver went around his barrier really fast and forced me onto the curb.
Who had the right of way?
Thanks!
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Old 23.01.2013, 19:16
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Re: Right of Way on Hill?

Charlotte, if you need to ask this question then PLEASE buy a book from a driving school and read it cover to cover.

Answer: uphill driver has priority unless he is a Postbus driving downhill.
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Old 23.01.2013, 19:22
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Re: Right of Way on Hill?

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Does the uphill driver have the right of way on a hill, no matter what?
I was coming down a steep hill with alternating barriers (left side, right side, left again, etc...). I was the downhill driver, and the barrier was on the other side of the road.
If the road had been flat, I would have had the right of way. In this instance, however, the uphill driver went around his barrier really fast and forced me onto the curb.
Who had the right of way?
Thanks!
Generally the downhill vehicle must give way or reverse, unless there is obviously a passing point nearer the uphill vehicle. Smaller vehicles (ie by category car, truck) should give way.

Right of way does not however equal the right to plough on at high speed forcing other cars to take evasive action.

Das bergabwärts fahrende Kfz muss dann zurückfahren, wenn das Ausweichen nicht möglich ist und sich das entgegenkommende Fahrzeug nicht offensichtlich näher bei einer Ausweichstelle befindet. Bei Begegnungen ungleichartiger Fahrzeuge (z.B. Lkw und Pkw) muss das leichtere Fahrzeug zurückstoßen.
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Old 23.01.2013, 19:31
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Re: Right of Way on Hill?

Here is the actual quote from the Strassenverkehrsgesetz (SVG)
vom 19. Dezember 1958 (Stand am 21. Dezember 2004)

Art. 45
1 Auf Strassen mit starkem Gefälle und auf Bergstrassen ist so zu fahren,
dass die Bremsen nicht übermässig beansprucht werden. Wo das
Kreuzen schwierig ist, hat in erster Linie das abwärtsfahrende Fahrzeug
rechtzeitig anzuhalten. Ist das Kreuzen nicht möglich, so muss
das abwärtsfahrende Fahrzeug zurückfahren, sofern das andere sich
nicht offensichtlich näher bei einer Ausweichstelle befindet.
2 Der Bundesrat kann für Bergstrassen weitere Vorschriften erlassen
und Ausnahmen von den Verkehrsregeln vorsehen.
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Old 23.01.2013, 21:02
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Re: Right of Way on Hill?

Universal law and its a worry when someone has to ask this that they are even driving on the road
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Old 23.01.2013, 21:53
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Re: Right of Way on Hill?

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Universal law and its a worry when someone has to ask this that they are even driving on the road
A bit harsh! Did it ever occur to you that the OP may have done her license in a country in which the rules of the road may vary slightly? I did mine in Germany and, even though it was over 10 years ago, I am almost sure that it is not clearly regulated as to who has right of way on a hill in Germany. I have learnt something new and I am sure I am not the only one.
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Old 23.01.2013, 21:58
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Re: Right of Way on Hill?

It doesnt require regulation its simple common sense! Any vehicle going up a hill has a much tougher time starting up again if they stop then a vehicle going downhill which can easily start again.

So its simply common courtesy and demonstrates a lack of awareness as a driver if you ignore it
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Old 23.01.2013, 22:24
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Re: Right of Way on Hill with alternating barriers

Dear All,
Thank for all of the responses.
Just to clarify my original post, it was the alternating barriers (left, right, left etc) on the hill that caused me to ask the shameful question.
When we were within sight of each other, the uphill car was well behind/below the barrier and I was already well past my barrier.
On a flat street these barriers create an alternating right of way.
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Old 23.01.2013, 22:27
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Re: Right of Way on Hill?

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Universal law and its a worry when someone has to ask this that they are even driving on the road
I have to admit... I wasn't aware of this. I don't recall this ever being taught in driving school in the States, when I obtained my license there.

By the way... yeah, I was a bit shocked when I didn't have to take a test here in CH and was able to just automatically convert my U.S. license to a CH one. I do think it would be wise to at least hand out a booklet of laws, traffic signs, etc. here.
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Old 23.01.2013, 22:29
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Re: Right of Way on Hill?

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Charlotte, if you need to ask this question then PLEASE buy a book from a driving school and read it cover to cover.

Answer: uphill driver has priority unless he is a Postbus driving downhill.
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Universal law and its a worry when someone has to ask this that they are even driving on the road
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A bit harsh! Did it ever occur to you that the OP may have done her license in a country in which the rules of the road may vary slightly? I did mine in Germany and, even though it was over 10 years ago, I am almost sure that it is not clearly regulated as to who has right of way on a hill in Germany. I have learnt something new and I am sure I am not the only one.
Exactly. I live on a mountain up a narrow lane and I know the rule about giving way on said hill. But I would struggle to know what the exact rule would be if there were traffic calming barriers on alternating sides of the road.

This forum can be such a nasty place to visit sometimes. But thanks to dannyt986 for teaching me something useful tonight.
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Old 23.01.2013, 22:40
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Re: Right of Way on Hill?

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It doesnt require regulation its simple common sense! Any vehicle going up a hill has a much tougher time starting up again if they stop then a vehicle going downhill which can easily start again.

So its simply common courtesy and demonstrates a lack of awareness as a driver if you ignore it
Why would they put barriers on the uphill side then?

At or above which grade is this universal law applicable?
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Old 23.01.2013, 22:56
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Re: Right of Way on Hill?

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Why would they put barriers on the uphill side then?

At or above which grade is this universal law applicable?
Because that would generally mean whoever is in the best place first has right of way, I was hoping noone would spot this in my universal law reply and that it would be simply accepted. Good pickup and congrats on being the first to challenge.

In this case the biggest and fastest one has the right of way or the one who,scares the other the most.
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Old 23.01.2013, 23:01
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Re: Right of Way on Hill?

It's better to ask than not ask.
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Old 23.01.2013, 23:21
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Re: Right of Way on Hill with alternating barriers

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Dear All,
Thank for all of the responses.
Just to clarify my original post, it was the alternating barriers (left, right, left etc) on the hill that caused me to ask the shameful question.
When we were within sight of each other, the uphill car was well behind/below the barrier and I was already well past my barrier.
On a flat street these barriers create an alternating right of way.
He should probably have stopped then. But as this thread demonstrates there's always someone opinionated and right nearby...
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Old 24.01.2013, 01:46
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Re: Right of Way on Hill?

I was told it was due to snow. if the vehicle going up hill would have to stop he/she couldnt get going again (or have difficulties...)
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Old 08.09.2021, 13:13
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Re: Right of Way on Hill?

Reviving this thread:

I have to drive up this road up the hill to the area where I live. I wouldn't call it steep, but it is uphill.

As I drive uphill, there are blue parking lots on the right side, and usually they are mostly occupied. If I am driving uphill and see someone coming downhill, I would tuck in between the parked cars to give the oncoming car the right of way. I do it because the parking lots are on my side of the road.

Recently, I drove with my neighbour up the hill, and she asked my why I am tucking in because as I am going uphill, I have the right of way unless the vehicle coming downhill is much heavier.

So who should give way? The ones coming downhill, or the ones with the parking lots on their side of the road?
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Old 08.09.2021, 13:32
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Re: Right of Way on Hill?

personally, i'd ignore the blue spots as passing points for this purpose and so say that the driver going uphill has priority. although it can be a courtesy to allow another car to pass if convenient for you to do so.
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Old 08.09.2021, 13:33
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Re: Right of Way on Hill?

Also give way to people running or hiking uphill too!
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Old 08.09.2021, 15:19
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Re: Right of Way on Hill?

Can anyone point out the official rules? I see a rule that says that for hills, vehicles coming downhill must yield to vehicles going uphill, unless there is a heavy vehicle coming downhill. Another rule says that where there are obstacles like cars parked on the side, or speed barriers, the ones facing the barriers must give way.

But what happens if the speed barriers are on the uphill side?

And how does one determine what a road is "uphill" and not flat?
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Old 08.09.2021, 15:41
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Re: Right of Way on Hill?

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Can anyone point out the official rules? I see a rule that says that for hills, vehicles coming downhill must yield to vehicles going uphill, unless there is a heavy vehicle coming downhill. Another rule says that where there are obstacles like cars parked on the side, or speed barriers, the ones facing the barriers must give way.

But what happens if the speed barriers are on the uphill side?

And how does one determine what a road is "uphill" and not flat?
Swiss road circulation law (translated with deepl) and some notes in parenthesis. Could not find the definition of steep road, but this sign exists:



https://www.fedlex.admin.ch/eli/cc/1959/679_705_685/fr

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Art. 9 Crossing

1 The driver shall give priority to oncoming traffic if an obstacle that would make it difficult to cross is located on the half of the road he is using.

2 Where a narrow road does not allow passing, road trains (semi trucks) have priority over other vehicles, heavy motor vehicles over light motor vehicles and buses over lorries If vehicles of the same category meet, the vehicle closest to a turning place must move back.* Passing on steep roads and mountain roads is governed by Article 38, paragraph 1, first sentence.

Art. 38 Steep roads and mountain roads

1 When vehicles of the same category cannot pass each other on a steep road or on a mountain road, the vehicle travelling downhill must reverse, unless the other vehicle is near a turning place. The passing of vehicles of different categories is governed by Art. 9, para. 2, first sentence.148

3 Where it is difficult to pass or overtake on mountain roads, the instructions and signs given by the drivers of public vehicles in line traffic (public transport) must be followed.
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