Dear Cop - Two Way Stops

I would like to know what the rule is for coming to a 2 way stop sign, directly opposite one another, and a regular thoroughfare street running perpendicular, and there are many examples, but one that I come to daily and nobody ever does it correct is Glenmore Rd, Biggar Rd, and Cross Rd.

Now if I am going across Glenmore from Biggar, and someone is turning left onto Glenmore from Cross, and has been waiting for traffic, even if I get there after they have been waiting, but I come to a complete stop, it is my understanding I still have the right of way because I am not breaking the line of traffic, they are, and even though they may have gotten there first, and have been waiting for a minute, it is not the same procedure as a 3 and 4 way stop, it is the one who is going straight that goes first. I see it daily, and I get dirty looks, for going out of turn, but I am going straight and therefore have the right of way over the turning vehicle, always?

The situation you have described is quite common. I hate to be the bearer of bad news, but if you arrive at your stop and there is another vehicle from the opposite direction already stopped before you arrive at the intersection and waiting to make a left turn with a left turn indicator activated, that vehicle has the right of way over your vehicle when there is no traffic present on Glenmore Road.

The formal rights-of-ways rules at intersections governed by traffic signage prioritize movements of vehicles through intersections on the basis of arrival time, incoming and outgoing lanes, and the signage that regulates traffic flow.

Traffic signs, signals, and pavement markings do not always resolve conflicts. The right-of-way rule tells drivers who goes first and who must wait in different situations.

Here are the right-of-way rules in regards to most intersections governed by stop signs:
A driver approaching an intersection must yield the right-of-way to traffic already in the intersection. (Traffic in or at the intersection first has the right of way. Traffic that does not have a stop sign have the right of way over all vehicles with stop signs.)

If drivers are approaching stops signs at an intersection from opposite directions at the same time, the driver turning left must yield to the vehicle going straight or turning right. (traffic going straight or turning right has the right-of-way)

When two drivers facing a stop sign at an intersection arrived at the same time at a right angle, the driver on the left must yield the right-of way.
(the driver on the right has the right of way)

A vehicle entering a roadway from a driveway, alley, private driveway, parking lot, or any other place that is not another roadway, must stop and yield the right-of-way to traffic or pedestrian on the roadway.
Pedestrians in marked crosswalks have the right-of-way.

Traffic in a blocked intersection has the right of way. Do not enter the intersection until the traffic has cleared.

It is not an absolute right as it must be exercised in a reasonable manner. The reasonable person standard is a legal fiction that originated in the development of the common law. The reasonable person is a hypothetical individual whose view of things is consulted in the process of making decisions of law. The question, "How would a reasonable person act under the circumstances" performs a critical role in legal reasoning in areas such as negligence and contract law and with the respect for the due care for one's self and for the care of others involved.

Constable R.A.(Richard) ASELTON
Central Okanagan Traffic Services - Media Liaison
Kelowna R.C.M.P. Detachment

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.

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About the Author

Tim Schewe is a retired constable with many years of traffic law enforcement experience. He has been writing his column for most of the 20 years of his service in the RCMP.

The column was 'The Beat Goes On' in Fort St. John, 'Traffic Tips' in the South Okanagan and now 'Behind the Wheel' on Vancouver Island and here on Castanet.net.

Schewe retired from the force in January of 2006, but the column has become a habit, and continues.

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