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Rules of the Road

Sgt. Tim Coley

360-676-2007

Sergeant Tim Coley works for the Washington State Patrol at the Bellingham Detachment. He will answer your questions about the rules of the road, safe driving habits and general police practices. More information can be found at wsp.wa.gov.



Most Recently Answered Questions



Questions 11 - 20 of 78 (Page 2 of 8)
Q: My question is in regards to the legality of passengers riding in the bed of a conventional pick-up. I have been told that it is legal as long as all seatbelts in the cab are in use. I have also been told that if its illegal to hold a child on your lap then how could it be legal to ride in the bed of a pickup. Commen sense tells me it isn't but I would really like to know the legal answer to this question. Per WA State law

A: The answer comes from RCW 46.61.688 section 2, which states that the seatbelt rule "does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied." The next section states that all occupants under 16 must be restrained first before anyone can ride unrestrained. This would seem to answer both parts of your question.
Answered 10/21/09 17:39:46 by Tim Coley
Q: When cars are in a parking lot, do they follow the same rules as if they were on the street? There is a particular place in my apartment complex where drivers turning left assume they have the right of way and don't even look for cars traveling straight, resulting in many close calls. Thanks for your participation here, Sgt. Coley.

A: The rules of the road only apply to drivers on the roadway. Parking lots, on the other hand, are not bound by certain engineering or sign requirements or pavement markings that you would expect on regular roadways. As private property, the rules of the road do not apply in the same manner. However, there are certain violations such as reckless driving which can occur on private property. As for courtesy violations and right of way, there are no enforcement solutions to your particular concern in your parking lot.
Answered 08/25/09 17:35:36 by Tim Coley
Q: ok, husband and i got into a huge disagreement over the following situation. came to an intersection with 2 lights. the left light has the green left turn arrow, which eventually goes to yellow left turn arrow, then solid green. right light is a regular light. when the left turn green arrow comes on both lights are red. i told my husband (who was sitting in the right lane) that technically if the left lane was clear and with reasonable caution, he could move into the left lane, roll forward and if the light changed to solid green prior to him reaching the intersection then he could proceed straigt. he insisted the lane was strictly a left turn lane. i told him if it were, the light would have a red left arrow or pavement markings. to be clear, the light has a solid green, solid yellow, solid red and below these a green left arrow which changes to a left yellow arrow. by the way there is a sign hanging from the sign which states left turn, not left turn only. who's right?

A: If the arrow extinguishes and then goes to a solid green, that arrow is there to show when left turn drivers have a clear intersection and must only turn left. Once that arrow turns yellow and then the light switches to a solid green, drivers can either go straight or make the left if there is no oncoming traffic. As I read your question, I would declare your instructions to him correct in this situation.
Answered 08/25/09 17:32:56 by Tim Coley
Q: What are the rules of the road when cars and bicycles are traveling on the same roadway, with or without a marked bike path?

A: The simplest rule to remember (and there are several referenced in prior entries) is that when a bicycle is out on the roadway, they must follow vehicle rules. When they are on sidewalks, they must follow pedestrian rules. For more specifics, look at some of the previous entries here.
Answered 08/25/09 17:28:42 by Tim Coley
Q: I am confused by the reply to Tom McNeely's question regarding right-of-way for vehicles at two-way stop signs where the first car to arrive intended to turn left and the second car traveling in the opposite direction intended to go straight. Your reply of 2/22/09 stated: "In short, access to arterials is granted on a first stopped, first served sort of basis." You cited a subsection of RCW 46.61.190 as support, but the text you provided stated that a driver "...after having stopped shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard..." Nothing was stated about a first-stopped, first served order of entering the intersection. In fact, the language seems to more closely support the rule that left-turning traffic must yield to oncoming vehicles. Is there a more precise discussion in Washington traffic code that defines rules for two-way stop intersections? Stated another way, who would be cited if a collision occurred where the left-turning driver in a two-way stop intersection assumed that the four-way stop first-to-arrive rule applied and the oncoming driver assumed that the left-turn yields to oncoming vehicles rule applied?

A: The left turning vehicle, having come to a stop first, would be allowed to commence movement into the intersection first. Then, as the statute above states, other vehicles would have to yield to a vehicle "in the intersection." An officer responding to the scene would ask drivers and witnesses who had come to a stop first before issuing a citation. If it could not be determined who stopped first, it is quite possible that no citation would be issued if fault could not be easily determined.
Answered 08/02/09 23:23:46 by Tim Coley
Q: Sgt. Coley, thanks for your input to this forum. My question is, at an intersection with a 4-way stop, normally when other cars are present, the rule of yield to the guy on the right applies if im not mistaken. I had a peculiar instance where the car to my right waved me thru the intersection so I took it. A short distance later, I was stopped by local law enforcement for failure to yield. I told the officer what happened and he explained to me the vehicle to my right ALWAYS has the right of way. Is this true? He just gave me a verbal warning and was on my way. This seems counter intuitive to me.

A: Under RCW 46.61.180, if two drivers come to a stop at about the same time, the driver on the left SHALL yield to the driver on the right. Technically, the driver on the right does not have the option to wave you through. Practically, of course, there may be times when the driver on the right needs traffic to clear to complete their movement--for example a long load trying to make a corner that may need to take up part of your lane to manipulate the intersection.
Answered 07/26/09 08:17:42 by Tim Coley
Q: What are the rules regarding bike riding and being intoxicated? Can you get a DUI for it?

A: A bicyclist can not be charged with DUI, because that only applies to motor vehicles. However, RCW 46.61.790 provides law enforcement officers the opportunity to provide assistance to bicyclists to escort them from the roadway if they appear intoxicated. If the cyclist is becoming a traffic hazard, such as by weaving in and out of the roadway, the officer can impound the bicycle until a sober person can retrieve it.
Answered 07/26/09 08:12:45 by Tim Coley
Q: Please refresh me on the requirement for drivers when a pedestrian is in the marked crosswalks. I thought we needed to wait until they completed their travel across the street. I recently read in another newspaper that you could proceed driving after they pass through your side of the road. Thanks.

A: Pedestrian crosswalks are addressed in RCW 46.61.235 which states, in part: "The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning." This means that you must wait until the pedestrian is at least one lane past your lane before you can proceed.
Answered 07/26/09 08:09:16 by Tim Coley
Q: Is it legal to make a free right on red onto a two-way street (if there is no sign saying not to) while oncoming has a left turn green arrow. I was the right turn arrow traffic has to turn into their close lane, so can I turn into my close lane at the same time, or do I still have to yield?

A: Yes, you can make this turn, although I would not call it a free right. You must first come to a stop and make sure the lane is clear before turning red, and you can only do this if you are turning right onto a roadway with two lanes traveling in the same direction. This is for the reasons you describe--the traffic turning from the opposite side on a left turn arrow is required to turn in to the nearest possible lane as are you. Theoretically, this allows each of you to turn at the same time. Obviously, this does not always turn out right in the real world, so to avoid a collision I would advise you to make sure that inside lane will be clear.
Answered 07/26/09 08:06:38 by Tim Coley
Q: I understand that the rules for bicycles essentially require that riders move in traffic as if they were automobiles. That may be appropriate in city traffic, but out on a highway, such as SR 539 or SR 546, bicycling on the right side of the highway means certain injury or death. Of course, if a motorist injures or kills a cyclist they will be subject to action by the courts, but then it's too late for the cyclist. A young lady who stayed with us was blown off the Guide and into the ditch by a passing truck. She was riding on the edge of the right lane and the trucker didn't bother to stop to inquire of her well-being. Motorists on the Guide and East Badger Roads can't be trusted to honor the cyclist's position on the highway. Now,if a cyclist were allowed to face approaching traffic, they could see a vehicle approaching and could prepare themselves for the blast of the bow wave or hit the ditch if the motorist appears to be steering a course for the cyclist. My conclusion is that those who write laws for cyclists have never ridden a bike on a highway. So much for rant. Will the WASP ticket a cyclist riding on the left side, facing oncoming traffic, even though that is a safer, more defensive position for a cyclist? I hope that safety is more important than compliance with a law. Thank you for your reply.

A: There are no current emphasis actions on citing bicyclist on the wrong side of the road, however, if a cyclist on the wrong side of the road does become involved in a collision they should expect that liability issues will be clouded from their violation of the RCW. It is certainly possible that a cyclist could be cited for this depending on the situation.
Answered 07/08/09 16:25:09 by Tim Coley

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