[DVBC] Right Of Way

Bob Curtiss rouleur at bobcurtiss.net
Tue Jun 6 07:32:51 EDT 2006


While on a group ride recently, I observed two incidents that have  
motivated me to write this out of concern for the safety of fellow  
cyclists. Any of you who recognize the incidents described, please be  
assured that I don't wish to criticize anyone; but only to educate,  
out of concern for the safety of all involved.

The first incident occurred as our group of about 15 riders was  
reaching a side road where we were planning to turn left. This was a  
"T" intersection where the road we had been riding on continued  
straight, and the side road lay on our left.

Just as the first few riders were beginning to slow for the left  
turn, we suddenly heard the siren of an emergency vehicle behind us.  
A glance in my rearview mirror revealed that it was an ambulance.

I was the 4th or 5th rider in the group, and I noticed that the first  
few riders were close to the double yellow line, slowing for the  
turn, and showing no signs of moving over to the right side of the  
road -- the action dictated by the sudden appearance of an emergency  
vehicle with a siren blaring.

I shouted out at the top of my lungs:  "Move to the right!  Move over  
to the right and stop! Move over to the right side of the road!"  
Luckily the ambulance passed us without incident.

Why hadn't the other riders responded as quickly as I had to the  
appearance of the ambulance, by taking the appropriate action? Why  
were they coming to a stop out in the middle of the road when a siren  
was blaring behind us? I found it puzzling, and I wondered about this  
for some time while the ride continued.

According to the State of Delaware:
> TITLE 21
> Motor Vehicles
> PART III
> Operation and Equipment
> CHAPTER 41. RULES OF THE ROAD
> Subchapter IV. Right-of-Way
>
> § 4134. Operation of vehicles on approach of authorized emergency  
> vehicles.
>
> (a) Upon the immediate approach of an authorized emergency vehicle  
> making use of audible or visual signals, or of a police vehicle  
> properly and lawfully making use of an audible signal only, the  
> driver of every other vehicle shall yield the right-of-way and  
> shall immediately drive to a position parallel to, and as close as  
> possible to, the right-hand edge or curb of the roadway clear of  
> any intersections and shall relinquish the right-of-way until the  
> authorized emergency vehicle has passed, except when otherwise  
> directed by a police officer.


Later during the same ride I observed a second incident which I found  
equally disturbing.

Once again our group was approaching an intersection where we planned  
to turn left. The layout was identical to the first, i.e., a "T"  
where the road continued straight, and a side road lay on the left.  
Again, I was 4th or 5th in the group. The first few riders, ahead of  
me, made the left turn without incident. However, a vehicle was  
approaching from the opposite direction, and it was signaling a right  
turn. I saw that it would reach the intersection before I did. The  
rules of Right Of Way clearly specify that the other vehicle should  
have the right of way -- meaning of course that I should yield, and  
the cyclists behind me should also have yielded. I did yield, and the  
rider behind me yielded. We slowed down, and were prepared to stop,  
but since we were on a slight incline, we continued to peddle very  
slowly just to maintain our balance (not wanting to click out of the  
cleats unless it was necessary), waiting for the approaching vehicle  
to make the right turn, planning to then proceed and make our left  
turn, following behind it.

However, inexplicably, a number of cyclists behind us turned left --  
right across the path of the approaching vehicle, which had by then  
already entered the intersection and was forced to stop in order to  
avoid a collision. This left turn by the cyclists was performed with  
complete and utter disregard for the Right Of Way rules. I couldn't  
believe it...  NO WONDER so many motorists get annoyed at cyclists,  
if this sort of behavior is common!

I had been carefully watching the driver of the approaching vehicle,  
and at no time did they wave any cyclists ahead. As you know, many  
motorists do this at intersections -- graciously yielding the right  
of way to an entire group of cyclists. I always smile and wave my  
thanks to these friendly and generous motorists.

This was a highly dangerous situation. The driver of the motor  
vehicle was apparently fairly patient -- they didn't sound their horn  
or gesticulate that I could see.  How many of us would have been so  
patient if a motor vehicle had cut us off in a similar fashion?

If we expect drivers of motor vehicles to Share The Road with  
cyclists, then cyclists must Share The Road in return. The problem  
might lie with a general lack of knowledge regarding Right Of Way  
rules for vehicles. Yes, bicycles are legally considered vehicles,  
and cyclists are expected to obey the Right Of Way rules.

Here's another quotation from the State Of Delaware:
> TITLE 21
> Motor Vehicles
> PART III
> Operation and Equipment
> CHAPTER 41. RULES OF THE ROAD
> Subchapter IV. Right-of-Way
>
> § 4132. Vehicle turning left.
>
> The driver of a vehicle intending to turn to the left within an  
> intersection or into an alley, private road or driveway shall yield  
> the right-of-way to any vehicle approaching from the opposite  
> direction which is so close as to constitute an immediate hazard.  
> (21 Del. C. 1953, § 4132; 54 Del. Laws, c. 160, § 1.)
>

Note this terminology:  "which is so close as to constitute an  
immediate hazard".  The approaching vehicle does not need to have  
entered the intersection -- only to be approaching it and be close to  
it. It's a no-brainer, really: if I am going to turn across the path  
of an approaching vehicle, and in doing so force the operator of the  
approaching vehicle to apply the brakes in order to prevent a  
collision with me, then I am violating the Right Of Way rule.

Here's a link to the source of those quotes, CHAPTER 41. RULES OF THE  
ROAD, Subchapter IV. Right-of-Way, from the State of Delaware:

http://www.delcode.state.de.us/title21/c041/sc04/index.htm

Please, let's be safe out there!   Don't forget that when cycling you  
are operating a vehicle. It's your responsibility to operate it  
safely in a such fashion that other vehicle operators will know what  
to expect. Your life might depend upon it.

~Bob
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  Winners make goals; losers make excuses.




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