I would like to take this opportunity to introduce an ingenious friend I have come to affectionately refer to as BlogStalker (not his real name, but he requested I christen him with one). I consulted the Board and discovered no conflicts. The matter was moved upon and passed by majority. **None of that will make sense but to about a small group of folks, by the way, so don’t feel totally lost.**
At any rate, his question:
Ok, I have to play along. This one has bugged me for a long time.
Who has the right-of-way when there are no left turn arrows and the light is green, The vehicle making a left or the vehicle making a right from the opposite direction turning into the same lane?? Hope this makes sense…BlogStalker.
Well spoken, if not drawn, my friend. I took it upon myself to include a small diagram to assist with the visual because, quite frankly, yours was shit. 🙂 I think this is what BlogStalker is referring to…
I apologize for the lousy picture. Blogger wouldn’t allow me to upload a .pdf file or directly from my drawing program. If you click on the picture, it should make it bigger so it’s easier to read.
The blue car is attempting a left turn. The red car is attempting a right turn. Both vehicles want to enter the same lane. Who has the right-of-way? First, it isn’t often that both vehicles enter the intersection simultaneously. Typically, one or the other will be there first and a seamless turn by both can be achieved. However, for the sake of argument, let’s assume there was a collision and the PCF (Primary Collision Factor) has to be determined and all other CVC sections have been excluded (speed, etc) and I have to determine fault with some regard to a right-of-way violation.
The official answer can be found in CVC 21801. There are two subsections. CVC 21801(a) states in part, “The driver of a vehicle intending to turn to the left upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn can be made with reasonable safety.”
CVC 21801(b) states in part, “A driver having yielded as prescribed in (a) and having given a signal may turn left, and the drivers of vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the turning vehicle.”
Clear enough for you? Me neither. In plain English, it means the blue car (left turn) has to yield to the red car (right turn); however, if the blue car had already yielded and it was reasonably safe to proceed, the red car must yield. This is assuming the red car was much further back. We can’t expect the blue car to sit there all damn day, right?
The bottom line in this dilemma (again, assuming a collision occurred) is I’m going to be looking for some unbiased (read independent) witness that can give me a good idea of where each car was prior to the collision.
To more directly answer your question, Stalker, if you get there at the same time and you’re making the left, you need to yield to the vehicle making the right turn. Now run off and tell all your friends MC hooked you up with an answer. Oh, and I believe you’re buying. It’s in the by-laws.