Right of way

My attention was called on the incomplete presentation of the rules of right of way as provided by our Traffic Code (RA 4136) in the previous article for which I am grateful. Toward more road safety and courtesy, the right of way may be defined as the "permission to go first: the legal or accepted right of a vehicle or craft to proceed ahead of another."

In Article III Section 42 of the Traffic Code, the general rule is "when two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder".

The other related rules are as follows: "

(a) The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this Act.

(b) The driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestrian crossing such highway within a crosswalk, except at intersections where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway within a business or residential district, at any point other than a crosswalk shall yield the right of way to vehicles upon the highway.

(c) The driver of a vehicle upon a highway shall bring to a full stop such vehicle before traversing any 'through highway' or railroad crossing: Provided, That when it is apparent that no hazard exists, the vehicle may be slowed down to five miles per hour instead of bringing it to a full stop". The exceptions to the above rules are as follows: "

(1) The driver of a vehicle entering a highway from a private road or drive shall yield the right of way to all vehicles approaching on such highway.

(2) The driver of a vehicle upon a highway shall yield the right of way to police or fire department vehicles and ambulances when such vehicles are operated on official business and the drivers' thereof sound audible signal of their approach.

(3) The driver of a vehicle entering a 'through highway' or a 'stop intersection' shall yield the right of way to all vehicles approaching to either direction on such 'through highway': Provided, That nothing in this subsection shall be construed as relieving the driver of any vehicle being operated on a 'through highway' from the duty of driving with due regard for the safety of vehicles entering such 'through highway' nor as protecting the said driver from the consequence of an arbitrary exercise off such right of way.

Obviously the belief of some drivers' that the right of way belongs to the more expensive vehicle or to the driver with a gun, or with the larger tire circumference is erroneous. Let us drive safely and courteously.*