RIGHT-OF-WAY

This column will cover the topic of right-of-way. It’s not uncommon for me to be stopped on the street and asked who has the right-of-way in certain situations. Here are the answers to the most common situations I am asked about.

One of the most important things to know about right of way is the definition. The California Vehicle Code explains right-of-way as “the privilege of the immediate use of the highway”. This gives drivers the right-of-way on the highway when they are using the highway in a lawful manner. A driver operating a vehicle in a lawful manner can expect others on the roadway to obey the rules of the road. Having the right-of-way does not diminish the obligation to be observant for hazards or potential hazards.

California Vehicle Code section 21803 states that, when approaching a yield sign, “ The driver of any vehicle approaching any intersection which is controlled by a yield right-of-way sign shall, upon arriving at the sign, yield the right-of-way to any vehicles which have entered the intersection, or which are approaching on the intersecting highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety. A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.”
The important wording in Section 21803 is about a vehicle approaching close enough to constitute an immediate hazard. If a driver approaches a yield sign and proceeds into an intersection with an approaching vehicle so close that the approaching vehicle has to apply the brakes or slow to avoid a collision a right-of-way violation has occurred.
The same language is also used for drivers who are attempting to make a left turn or u-turn on the roadway. If during the turning movement an approaching vehicle will have to brake, slow, or make an evasive maneuver, the turning movement will violate the right-of-way of the approaching vehicle. The left turn right-of-way violation is one of the leading causes of vehicle collisions and is extremely dangerous for motorcycles and bicyclists.

Another question commonly asked is about the right-of-way at a four-way stop. When two vehicles on intersecting roadways stop at an intersection the vehicle that enters the intersection first has the right-of-way. If two vehicles enter an intersection simultaneously, the vehicle on the left must yield to the vehicle on the right.

Merging onto the freeway is also a dangerous maneuver when done incorrectly. A vehicle that is merging onto the freeway must yield the right-of-way to vehicles already present on the freeway. Most freeway onramps are long enough to allow merging vehicle to reach freeway speed. It is the responsibility of the merging vehicle to safely enter the freeway with enough space to not tailgate or violate the right-of-way of vehicles to its rear. As a courtesy, a vehicle already on the freeway can move to the left, when it can be done safely, to allow a merging vehicle to enter the freeway but it is not required.

Thank you for taking the time to read the column. This column is intended to help educate the public and show that the Woodland Police Department is committed to providing the highest level of law enforcement services available. You can see the full text of the laws associated to right-of-way at www.thetrafficstop.blogspot.com. Please visit the web page where you can ask questions or leave comments.