Category: Road Rules

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Bumper Cars and Parking Karma

Q: A driver who was paralleled parked backed up to get more space in front in order to leave, but in the process, bumped into the car behind. The driver got out, looked at the two cars’ bumpers, and drove off. As a pedestrian, I observed this happen and noticed that there didn’t seem to be any damage to the other car’s bumper. Did the driver handle this situation correctly?

A: I suspect that the scenario you described happens with moderate frequency. I know I’ve witnessed similar events, where a driver checks for damage from a parking lot bump, and seeing none, leaves. I’m willing to bet that most people think, “No damage, no foul.” But even though that’s how drivers often handle the situation, it doesn’t make it right according to the law. Continue reading “Bumper Cars and Parking Karma”

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Crosswalks – Part 2

Previously we answered the original question about when motorists are supposed to stop at crosswalks, but I want to go a few steps further and look at pedestrian duties, crosswalk enforcement and survival skills. Let’s begin with rules for pedestrians crossing the street; first in crosswalks and then at other locations. At crosswalks pedestrians really only have one rule: Don’t run out in front of a car, making it impossible for the driver to stop in time. Again, seems obvious. However, have you ever seen a pedestrian step into a crosswalk, right in front of a car, because sending a text message was higher priority than checking for traffic? Cars are required to yield the right-of-way to pedestrians in crosswalks, but that doesn’t relieve the pedestrian of the requirement to pay attention and have reasonable expectations about how much distance it takes a car to stop. Continue reading “Crosswalks – Part 2”

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Blinding Brake Lights

Q: I was following a newer Escalade a few nights ago. At a stop sign, when the driver applied the brakes, I was blinded by the stop lights. This sounds like a minor complaint, but it was dark and I couldn’t see for several seconds. The RCW does not address the brightness of rear lighting. What gives?

A: On the face of it, you’re right. If you search the Revised Code of Washington (RCW) you won’t find any statute that specifies a maximum brightness for brake lights. However, I can make a trail from state to federal law that will answer your question. While you will find general vehicle equipment requirements in state law, the federal government regulates the details in the Federal Motor Vehicle Safety Standards (FMVSS). These details are what vehicle manufacturers have to comply with in order to sell a vehicle in the United States. FMVSS 108 covers vehicle lighting. If you have a degree in industrial engineering and an abundance of time you may find it an enjoyable read. For the rest of us, it’s enough to know that one of the charts in the code specifies a minimum and maximum intensity for stop lamps. Continue reading “Blinding Brake Lights”

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How Much Traffic Enforcement Is Enough?

Q: You say that the Whatcom County Target Zero Task Force has a vision to reduce traffic fatalities and serious injuries to zero by 2030 but what is being done to achieve that goal? Every day I see worrisome traffic infractions – speeding, tailgating, texting, passing in no-passing zones; but I seldom see a police presence. The recent spate of fatal accidents caused by irresponsible drivers is frightening. I know that at any time I could become a statistic. Isn’t it time to get tough and send a message that driving is a privilege, not a right, and with that privilege comes serious consequences for flouting the law?

A: Even edited to half its original length, this two-part question still conveys the passion of someone that wants to see a change in driving behavior. And for good reason; in 2014 Washington lost 462 people in fatal crashes, and over 2000 people were seriously injured. The data for 2015 isn’t complete yet, but it may be even higher. Vehicle crashes are the leading cause of death for teens and young adults. Clearly, this is a serious issue. Continue reading “How Much Traffic Enforcement Is Enough?”

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Bicycle Question Round-up Part 2

It’s time for bicycle question round-up part two. You’ve been asking a lot of questions about where bikes should ride; bike lane, sidewalk, or roadway. Let’s take a look at what’s legal, and what’s smart.

1. Is it legal to ride a bike on the sidewalk, and if so, who has the right-of-way? How about switching between the street and the sidewalk?

Riding a bike on the sidewalk is usually legal, and for a few cyclists it might be the right choice. When riding on the sidewalk, a cyclist is required to yield the right-of-way to pedestrians. For young cyclists that don’t have the confidence or experience to ride in a bike lane or on the street, riding on a sidewalk makes sense. It’s safer, and really, a five-year-old that’s just learned to ride doesn’t travel much faster than a pedestrian. I can also think of a couple situations when experienced cyclists might choose a sidewalk over a road. When traffic conditions are dangerous the sidewalk might be the safest choice, and on a steep hill without a bike lane, a cyclist riding at a slow pace might move to the sidewalk for safety, and also to open up the roadway for traffic. Continue reading “Bicycle Question Round-up Part 2”

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Crosswalks – Part 1

Q: Crosswalks Part One: Can you please explain crosswalks, and when motorists are supposed to stop, including unmarked crosswalks?

A: Ah, yes, crosswalks. On the surface it seems so obvious; when a pedestrian is in a crosswalk, drivers should stop. But there’s more to it than that, including the question, “What is a crosswalk?” Until I read the definition of a crosswalk in the Revised Code of Washington years ago, I thought a crosswalk was the white paint on the road that pedestrians used to get across intersections. While that is a crosswalk, it is not the only kind. When you approach an intersection and see the stripes just beyond the stop line, you’re seeing a marked crosswalk. However, if you were to come to an intersection without the painted crossing markings, you’d still be approaching a crosswalk, but in this case it would be an unmarked crosswalk. Confused yet? Just remember that painted on the road or not, that ten foot wide strip between where you’re supposed to stop at an intersection and where the lanes of travel cross over each other is a crosswalk. Continue reading “Crosswalks – Part 1”

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Escape From a Texting Driver

Q: The person driving behind me is obviously texting… I can see the top of their head for 10 seconds at a time in my rear-view mirror. If I speed up over the speed limit to put some space between myself and the texter, will the officer who pulls me over understand?

A: I’m getting into some dangerous territory trying to answer this question, as you’ve asked me to respond on behalf of the law enforcement officer that might stop you if you speed to get away from that bonehead driver texting behind you. I don’t think I can make that prediction, so I’m going to take a different approach. We’ve heard a lot about distracted driving and the increased risk of collisions. Current studies indicate that a texting driver is as at least as serious a risk as an impaired driver. I know when I’ve been driving near what appears to be a drunk driver, I give myself some distance. And call 911. Continue reading “Escape From a Texting Driver”

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Bicycle Question Round-up, Part 1

Welcome to the bicycle question roundup. Questions about bicycles have been pouring in, and I’m going to try to tackle them several at a time, so this is part one. I don’t usually edit the questions much, but some of these had a strong bias, either pro-bike or anti-bike. I’ve tried to cut the bias and keep the question. Whatever your perspective, I hope these answers help to create harmony between cars, bikes and pedestrians. Please use this knowledge for good, not evil. Now, let’s get started. Continue reading “Bicycle Question Round-up, Part 1”

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When to Stop for a School Bus

Q: Am I required to stop for a school bus that has its red lights on to let some children off if there are two lanes in both directions and I’m going the opposite direction?

A: There are at least three good reasons to know when it’s okay to pass a school bus and when to stop. The first, and most obvious reason, is that we want kids to be safe. Young kids don’t always understand the consequences of their actions around traffic, so we have a responsibility to be extra-cautious when they’re near the road. The second reason is that illegally passing a school bus is expensive. The State Supreme Court has set the base penalty at $419. And unlike some other traffic infractions, an appeal to a compassionate judge won’t lower the fine. It’s written into the law that the fine cannot be reduced. Reason three: Other drivers will think you’re a jerk if you pass a school bus when you’re not supposed to pass. Most of us have specific traffic violations that, when we see them, we really find obnoxious, and for many people, passing school buses illegally sits near the top of that list. Continue reading “When to Stop for a School Bus”

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Traffic Enforcement on Private Property

Q: Can the Police ticket you for not stopping at a stop sign, speeding, or other such traffic violations while driving on a privately owned roadway such as a parking lot?

A: That’s a great question, and there’s more to it than just a simple yes or no. Let’s start with the generalities. The opening line of RCW 46.61 (the “Rules of the Road” section of the law) specifies that this chapter applies “exclusively to the operation of vehicles on highways” but is followed by “except . . .” We’ll get to the “except” later. First, let’s define highways. When I hear the word “highways” I think of I-5 or Mount Baker Highway, but a highway is any publicly maintained road that is open to public vehicular travel. Pretty much, if you can drive on it and it was built with taxpayer money, it’s a highway. That means officers can enforce all traffic laws on everything from a busy arterial to a quiet neighborhood street, but not on private property.

Before anyone gets any ideas, this isn’t a free pass to drive like a madman (or woman) in the mall parking lot. That word “except” is followed by some traffic violations that officers can enforce on private property. These include impaired driving, reckless driving, negligent driving, vehicular homicide, vehicular assault and hit-and-run traffic collisions. I think we can agree that even on private property, those kinds of actions deserve to be investigated and the laws prohibiting them enforced. To get back to the original question, failing to stop for a stop sign in a parking lot wouldn’t get a driver a traffic infraction, but if in the process of not stopping the driver showed complete disregard for the safety of others the driver could get arrested.

If you looked up the RCW that we’ve been discussing, you’ll notice another exception. The law states that the highway limitations don’t apply “where a different place is specifically referred to in a different section.” at first I found that to be a puzzling statement, but I did find another section of the RCW that specifically refers to another place: streets within a Home Owner Association (HOA). Officers can enforce speed laws on private roads in neighborhoods where a majority of the HOA has voted to approve enforcement and has met a few other related requirements.

While we’re on the topic of neighbor associations, private communities can also chose to do their own traffic enforcement. We have an example of that here in Whatcom County with Birch Bay Village. In this gated neighborhood, private security officers enforce the rules of the association, including traffic rules. They can write tickets, and anyone contesting a ticket does so in front of a local judge.