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Yielding the Right of Way – Or, How to Drive Like a Mensch

January 14, 2019 8 Comments

From a reader:

Many drivers in our community seem to be unaware of one of the rules of the road: The driver that is on the clear side of a road, meaning, where there are no parked cars, has the right of way on a two-lane road. This includes nearly all of the residential roads in the area. Thus, if you are driving on the side where cars are parked, and there is an oncoming vehicle, regardless of whether you think you both fit next to the parked car, you are required by law to stop behind the parked car in your path, and wait until the oncoming vehicle passes.

Thank you and may we all enjoy safe and courteous driving.

Filed Under: Discuss, Op/Ed

Comments

  1. Chaim says

    January 14, 2019 at 11:22 pm

    Actually not the law you having right of way doesn’t mean the other person has to stop and wait for you
    To pass

    Reply
    • A concerend community member says

      January 15, 2019 at 4:06 am

      Thank you for your post.

      I would like to add that when one arrives at a stop sign, one needs to come to a full stop at the stop sign and not beyond. A rolling stop or no stop at all is very dangerous. It is more so a serious issue when the weather conditions will not give all drivers the opportunity to stop timely without both vehicles coming into contact.

      There is no excuse for such driving habits. There is no excuse to rush to a hospital or cemetery. I for sure do not want to do any such visitation.

      So have regard for the life the KB”H entrusted you with and that of your fellow man.

      Reply
      • Chaya says

        January 15, 2019 at 5:00 pm

        Agree. The intersection is not where the sign is posted. It is at the corner, BEFORE the intersection.

        Reply
    • Shimeon Weiner says

      January 15, 2019 at 11:58 am

      Dear Chaim – if you are driving on the side of the street with parked cars and another car is coming the other way – common courtesy and common sense would dictate that you should allow the other car to pass. Now – let’s say you are avoiding nuclear fallout, a flash flood or zombies – then there might be an exception – but otherwise just pull over, smile and let the other person pass. It’s good for you, the other person and the world.

      Reply
  2. Don't Waste Your Time Guessing says

    January 15, 2019 at 11:51 am

    Thank you for writing this info and thanks for posting it. Too many times the person driving on the ‘yield’ side of the road not only fails to yield – but swings so far out that the oncoming car in the right of way side ends up in the gutter.

    Reply
  3. Michael says

    January 16, 2019 at 12:43 am

    You write “regardless of whether you think you both fit next to the parked car, you are required by law to stop behind the parked car in your path, and wait until the oncoming vehicle passes.”

    This is not how I was taught, and not how I have understood the laws. While the driver on the “clear” side of the road DOES have the right-of-way, I was always taught that a standard 29-foot-wide residential road has more than enough room for 2 cars to drive past a parked car.

    This is the Ohio law that I have seen: (A) Upon all roadways of sufficient width, a vehicle or trackless trolley shall be driven upon the right half of the roadway, except as follows:

    (1) When overtaking and passing another vehicle proceeding in the same direction, or when making a left turn under the rules governing such movements;

    (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
    http://codes.ohio.gov/orc/4511.25

    So I still maintain that I am free to pass the parked car, as long as there is ample room for both my car and the oncoming car. Can you show me the law that says otherwise?

    Reply
    • Shmuel Kessler says

      January 16, 2019 at 2:19 pm

      any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

      I guess it depends on the interpretation of “immediate hazard”. But I would argue that almost everyone in such a rush that they’re unwilling to wait the extra 8 seconds is driving in such a manner that doing so creates an immediate hazard. At least in my experience they are. But what do I know, IANAL.

      Reply
      • Michael says

        January 16, 2019 at 3:05 pm

        What about a street where there are parked cars the entire length of the street? Then the traffic on that side of the street is obligated to stop until there are no oncoming cars?

        What about a street with one lane in each direction where there is parking on both sides of the street? Then who has to stop?

        Asking people to drive with decency and common sense is totally fine. If the parked car is actually a big truck, or if there are other factors limiting the amount of space, then of course you need to yield. But let’s not state that “YOU ARE REQUIRED BY LAW TO STOP BEHIND THE PARKED CAR” when, as far as I can tell, it’s simply not true, nor is it necessary.

        Reply

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