Who has the right-of-way and other highway legal questions

Monday, 21 November 2011 16:59

Who has the right-of-way and other highway legal questions

Written by Scott LaMar, Director of Radio Smart Talk

Radio Smart Talk for Tuesday, November 22:

Almost everyone listening to Radio Smart Talk drives a vehicle or at least did at one time. It's one of a handful of activities that we all have experienced. Because we spend so much time behind the wheel of a car or truck, we witness many scenarios on the roadways. Some may force us to ask ourselves, "Is it legal for the driver of that two-toned sedan to pass me on the right side?" Or, "There are two yield signs on this ramp, who has the right-of-way?"

Tuesday's program is an opportunity for motorists to ask questions about what's right or wrong on the highways or at least what's lawful and what isn't. Our guests are Sgt. Anthony Manetta and Trooper Michele Davis of the Pennsylvania State Police.

There are more travelers on the road during the five days around Thanksgiving so this is a good time to bone up on your Pennsylvania driving laws. Producing this program during Thanksgiving week has become a bit of a tradition itself and it is a popular show, so get your phone calls in early at 1-800-729-7532.

LISTEN TO PROGRAM:

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comments

# Sheila 2011-11-22 10:16

Do you pull people over who

1.) have a dog in front of them while driving.

2.) do not have a car seat for their child?

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# Tom from camp Hill 2011-11-22 10:43

Questions for State Police..
I drive on highway 81 and highway 78 everyday..

1. Why do truck drivers insist on sitting parked in the left lane(passing lane) and plug traffic for miles and miles???
and they never get a ticket for that.

2. Is tailgating by both autos and trucks inforced at all?
Because it happens to me ALL OF THE TIME.

3. Do drivers actually get ticketed for driving in rain, without their lights on.. Very dangerous.. 40 cars this morning did not have lights on.. and 4 of them drove right past a parked state trooper and nothing happend.. in other words that trooper did nothing..

3.

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# Deb 2011-11-22 10:44

With school buses... If the school bus is in a neighborhood near but not not in an intersection, perhaps 10-15 feet away from an intersection, can drivers go through the intersection on the road perpendicular to the road the bus is on? Or must they stop?

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# Tpr Michele Davis 2011-11-28 12:50

The vehicle cod states "when a school bus is stopped on a highway or trafficway ith it's red lights flashing and side arm extended, a driving following or approaching must stop at least 10 fet from reaching the school bus and remain stationary until the lights are turned out or the children exiting have reached a place of safety."

The subsection states "that a vehicle meeting a school bus stopped at an intersection cannot enter the intersection until the flashing red lights on the school bus are no longer activated."

Hope this helps.

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# Freja Lloyd 2011-11-22 10:51

I use a GPS and have noticed that the speed on the GPS is differenct from thenone onmy speedometer. Which speed is the more accurate?

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# Freja Lloyd 2011-11-22 10:53

I use a GPS and have noticed that the speed is different from the one on the speedometer on the dashboard, which is the more accurate speed?

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# Dale 2011-11-22 12:13

Sorry, Freja, I posted a reply below, though I am not an expert. I should have replied directly to your post as I am doing now.

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# Tom H. 2011-11-22 11:05

For God's sake, people -- when you make a left turn onto a two-lane road, you are supposed to stay in the LEFT LANE. Conversely, make your right turns into the RIGHT LANE. Please don't cut across a lane of traffic just to make your life easier or because you have a turn in that direction coming up. Turn safely then merge safely.

Meanwhile say a prayer for all of us as more and more vehicles become equipped with an internet terminal on the dashboard. Because yakking away on your bloody phones wasn't dangerous enough to the rest of us.

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# Jo 2011-11-22 11:06

When I see a PSP trooper flying down the interstate without lights or sirens,
1. Is this legal?
2. If not, should we write down their license # and call 911? Or do something else?

If we get ticketed and lose points on our driver's licenses, this should happen to the law "enforcers" even more then it happens to us.

I've talked to several police officers who said a trooper has to have the sirens and lights on when going over the speed limit while on business, unless there is a special circumstance, such as they need to quietly go to the site. However, at times these troopers go for miles and miles (meaning it would not be close to whatever site they would have to "sneak up on" and I've seen these cars go off the interstate and go to restaurants for lunch or other places where it was obvious it was not an emergency.

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# Dale 2011-11-22 11:30

Freja, your car's speedometer, if it has been built within the last decade or two, is set three or four mph higher to compensate for the fact that cars are easier to drive and motorists tend to be heavy footed as a consequence. The GPS unit is more accurate.

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# Dale 2011-11-22 12:07

A few years ago I intentionally made a left-hand turn at an intersection where it was posted not to make one. It was an early Sunday morning, but light, with absolutely no traffic on the road. The street ended at a T intersection. I wanted to turn left. The roads were deserted. I looked carefully in all directions and decided that it made more sense to make the left turn than turn right and make a less safe U-turn. An officer was parked discreetly in the distance, because I traveled some way before he caught up to me to issue the citation. I wouldn’t expect anyone to agree that I did the correct thing ignoring that sign, but given today’s show where the guests suggested in certain situations discerning safe conditions to cross, or ignore, double yellow lines, which in essence are like that ‘no left turn' sign, well, there is a hypocrisy. Anyone who has followed an Amish buggy should recognize how unrealistic it would be to adhere to rules stringently in all situations. Common sense!

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# David 2011-11-22 14:07

should one stay up with the flow of traffic even if most are 15 to 20 mph over limit or not?
thank you
david/chambersburg

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# Roger 2011-11-22 14:09

As someone who no longer drives (in my case, because of having voluntarily relinquished my license due to having "controlled" epilepsy), but who observes habits of contemporary drivers and patterns in automotive traffic, I find myself somewhat bemused by this radio program. Certainly it deals with a current topic, but it may also deal with the rapidly receding past.

Not only highway and intra-city transit, but also rural transit (at least in certain cases) can be accomplished more efficiently and effectively with mass transportation than with the current increasingly difficult arrangement. If mass transportation has no other advantage, it has that of professional drivers.

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# Roger 2011-11-22 14:10

I understand that there is a great joy in driving and in walking right to one's car, but the time may well come when we will realize that, at least during high-traffic hours, frequently-running buses are a viable option. As my generation grows older and having us driving becomes more of a societal problem that no one can ignore, I suspect that something will be done. I just hope that it will not be another catch-as-catch-can affair left to volunteers and a few poorly subsidized bus lines.

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# William 2011-11-22 14:10

Encounter a lot of personnel vans, sometimes mini vans, that have a temporary “School Students” banner or decal on front and back of vehicle. These appear to be private people contracted to pick up individual students and the vehicles are not provided by a school district. Do the rules apply as they were are school bus.

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# Tpr Michele Davis 2011-11-28 13:20

Buses other than school buses, operated by urban mass transportation systems for the exclusive or non exclusive transportation of school children may, at the option of the urban mass transportation system be equipped with flashing red and amber lights and may be identified by appropriate labeling as carrying school children. This equipment and identifying lables shall conform to those regulations. So if buses which are operated by mass urban transportation and are equipped and identified in accordance shall be considered school buses for the purposes of the vehicle code that deal with overtaking a school bus.

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# Ted 2011-11-22 14:11

M0torcycles often use their bright lights even in the daytime. Is that legal?

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# Joseph 2011-11-22 14:13

At larger intersection you will often see one of the signals with a sign saying “Right Turn” or “Right Turn Signal.” In such cases I never see a sign saying that a right turn on red is not allowed. How do I deal with such a light when I want to make a right turn? Does it have to be green? Or do I basically ignore it and make my right turn after stopping and verifying it is safe to make my right turn?

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# Lee 2011-11-22 14:14

I was crossing at an intersection while talking to my wife. The light went to dead red, traffic stopped and we prepared to cross. Suddenly a car went right in front of us at about 20 miles an hour, making a right turn on red, but without a stop. We were literally almost killed. The passenger smiled at us as the car went by. Sometimes it is dangerous to know the law and to assume that others know it as well. Could you also restate that the right turn on red means AFTER a stop?

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# Tpr Michele Davis 2011-11-28 13:29

Quoting Lee:

I was crossing at an intersection while talking to my wife. The light went to dead red, traffic stopped and we prepared to cross. Suddenly a car went right in front of us at about 20 miles an hour, making a right turn on red, but without a stop. We were literally almost killed. The passenger smiled at us as the car went by. Sometimes it is dangerous to know the law and to assume that others know it as well. Could you also restate that the right turn on red means AFTER a stop?

The other driver is required to stop at a red light and make sure it is clear and safe to make the right turn. Just because the right turn on red is legal does not mean they do not have to stop.

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# Deb 2011-11-22 14:15

When at a stop light with two roads intersecting from the right, is it ever legal to turn right on red to either road? What if one of those roads is a one-way alley toward the intersection?

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# Celilia 2011-11-22 14:16

I have a question about construction zones. Do I have to slow to the posted speed limit even when it is clear that it's no work is actively being done- like 7 am Sunday mornings?

I always slow down just to be sure, but I seem to be the only one.

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# Lisa 2011-11-22 14:16

When is it legal to pass a horse-drawn vehicle? What requirements are there for those who drive horse-drawn vehicles? I live in a very rural area with a lot of plain people and I see a lot of dumb things done by both those driving the horse-drawn vehicles and those driving by them. Also, is it legal to use farm equipment as a personal vehicle -- going to the grocery/hardware or other store as a moving van, etc.?

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# Tpr Michele Davis 2011-11-28 13:37

Quoting Lisa:

When is it legal to pass a horse-drawn vehicle? What requirements are there for those who drive horse-drawn vehicles? I live in a very rural area with a lot of plain people and I see a lot of dumb things done by both those driving the horse-drawn vehicles and those driving by them. Also, is it legal to use farm equipment as a personal vehicle -- going to the grocery/hardware or other store as a moving van, etc.?

Any Horse or animal drawn vehicle is to be treated as you would any slow moving vehicle. They shall be granted all the rights and subject to all the rules where applicable. Check out this link from the DOT ftp://ftp.dot.state.pa.us/public/PubsForms/Publications/PUB%20632.pdf

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# Amy 2011-11-22 14:17

What are the requirements on placement location of device to officers line of vision and other requirements for the officer when using an ENRADD device to determine vehicle speed?

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# Thomas 2011-11-22 14:17

i think the worst thing that shopping centers could have done was put up signs saying yield to pedestrians.....and there are lines painted on the road. it seems now pedestrians now just walk out without looking AND not crossing at designated crossings.....i thought jay-walking was illegal. and i cannot believe that no person ever looks both ways.

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# Tpr Michele Davis 2011-11-28 13:42

Quoting Thomas:

i think the worst thing that shopping centers could have done was put up signs saying yield to pedestrians.....and there are lines painted on the road. it seems now pedestrians now just walk out without looking AND not crossing at designated crossings.....i thought jay-walking was illegal. and i cannot believe that no person ever looks both ways.

The vehicle code states driver's shall yield to pedestrians in crosswalks. But it also states pedestrians shall not suddenly leaave a curb into traffic. So both driver's and pedestrian's have a responsiblitiy. Pedestrians crossing at other than crosswalks must yield to vehicles.

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# Seth 2011-11-22 14:19

Why is signage incomplete at 3 way stops where only ONE corner has "stop except right turn" and other stops signs DO NOT say -ANYTHING- to indicate that person will not be stopping? What if I go presuming that person will stop, not knowing that it is legal for them NOT to?

Also, pet peeve: People who dash left out of a 'normal' stop light cutting off straight/forward traffic.

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# Ed 2011-11-22 14:19

One question:
When entering a “Cattle Shoot” is it legal to shoot up the shortest lane to the merge point even though there is a long line?

One Comment:
Drivers are simply uninformed of the laws today. The problem today is no outreach to the community to address not only complacency, but the law changes as well. I would suggest public relation releases to the newspapers, local municipalities, etc. This program is fantastic but we need more of them.

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# Cindy 2011-11-22 14:20

TAILGATING. (Driving too close, not partying.) I think it is one of the most dangerous things people do, but I have never heard of anyone being stopped for tailgating. Is it one of those things that is simply stupid but not illegal? It is so commonplace that I assume people do not realize how dangerous it is

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# anonymous 2011-11-22 14:21

In a large parking lot is it legal to drive across the the empty parking spaces or must one drive only in the lanes?

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# Jewell 2011-11-22 14:22

Is it illegal yet for people to talk on cell phones or text message?

Does it go by the county or is there something statewide?

It drives me nuts when I see a swerving or slow-to-react driver then I see they are gabbing on their phone! Thanks!

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# Gina 2011-11-22 14:22

Hello: What are the rules for turning right when a right turn arrow turns to solid green; no longer an arrow. Who goes first--the car in that lane or one turning left from the opposite direction?

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# Chuck 2011-11-22 14:23

Speeding is against the law and can be dangerous. Why are Police Officers, on or off duty, allowed to drive beyond the speed limit without suffering the same consequences that the average citizen does?

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# Rich 2011-11-22 14:24

With the “respect” that motorists pay to roadside police cars by slowing down, why aren’t unoccupied state police cars parked along interstate roadsides at non-holiday times of the year?

This would seem to be a cost-effective method of slowing down traffic
.
Leave a 911-cellphone on the car for motorist emergencies.

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# Chuck 2011-11-22 19:20

The past decade people seem to have such difficulty merging into traffic. Very often is the case where they are approaching on the on ramp acceleration land, then just apply the brakes. If they had been at traffic speed their required clearance would be so much less. As it is now, when they stop, they back up traffic behind them, and need over 200 feet of clear space to pull onto the highway. Many times, they will squeeze out into the traffic forcing traffic to a near stop. A clear safety issue that often is not addressed by law, or driving schools. Demonstration of being succesfull at merging onto highways should be a license requirement.

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# Todd 2011-11-22 20:07

Similar to Chuck's comment, I find great disparity among drivers when it comes to highway on-ramps and yield signs. There was even a comment during the show about how Pennsylvania drivers often hesitate to merge with traffic, compared to drivers from other states.

I think part of this comes from the variations in Pennsylvania roads. Sometimes the ramp is so short that you have no time to gauge the traffic around you, so slowing or even stopping is the only sane response. I have always interpreted yield signs to mean "if there is a *chance* of other traffic occupying the same space as your car" (i.e. a collision or near-collision), you yield, including possibly coming to a full stop. If this is very wrong, then what is the purpose of a yield sign? Simply for legal cover in case of an accident? Do the police ever give tickets to people who don't yield?

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# Todd 2011-11-22 20:18

Haha. I heard only the 2nd half of the program this morning. I am now listening to the start, and yield signs was the first comment.

It's true: many drivers really don't understand yield signs.

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