Despite people regularly discussing who has the right of way in particular situations, the Motor Vehicle Act (MVA) does not grant right of way to any vehicle operator. It requires that vehicle operators yield to others in all situations where conflict occurs.
Yielding vs Right of Way
MVA Sections such as 125.1 and 173 specifically indicate who is required to yield, not who has the right of way and set out specific rules governing who is required to yield under which conditions.
Most of these rules are pretty easy to understand. Yield to who ever gets there ahead of you or yield to the right if you get there at approximately the same time. For instance, if you are planning to turn left and the oncoming traffic is close enough to constitute a hazard, yield to them.
The Wrong Point of View
The issue is the perspective we approach right of way from.
Many schools, for instance, will use the phrase “right of way is not something you take, it’s something you give.” Unfortunately, they then spend the rest of the lesson on right of way referring who has the right of way.
The ICBC driving and riding guides are also guilty of this.
The problem with this approach is that it fosters an atmosphere of entitlement. If you discuss right of way from the standpoint of who has it, the more literal students start to belief that they either have or deserve to have the right to go.
Who is Responsible?
However, if you approach right of way from the standpoint of responsibility (who is required to yield) and ultimate responsibility (the defensive driving course’s being 100% prepared to yield) then you foster a sense of students being responsible for their own and others safety.
If we want to decrease conflicts between drivers, we would do well as drivers (and instructors) to shift our focus from one of having to one of giving.
About the Author
John Eastman
Traffic Safety Consultant
- 15 years in motorcycle rider training and curruculum development.
- 8 yrs with the motor vehicle branch in driver exams and examiner training.
- 15 years with ICBC as a driving school inspector and motorcycle safety subject matter expert.
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Comments
I don't know how I missed this when it was posted back in October, but John has it right.
As our site host pointed out a while back, the only road users who can claim to 'have the right of way' are pedestrians, in certain circumstances.
The older I get, and the longer I drive, the more I wonder what part of 'Yield' some drivers - and cyclists - don't seem to understand. Not to mention pedestrians, much of the time.
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Not sure when the signs disappeared kind of feel it was during the Hippy Era when kids were hitchiking all the time. Of course they didn't walk facing traffic.
I would like to see the signs brought back into use. At one time when pulling away from any small community you would see the signs and I'm talking communities that you didn’t even have to slow down for.
It brings up my usual complaint where the only laws the cops enforce are speeding, seatbelts and cell phone usage.
Think about it when was the last time you saw a cop car cruising down in the right lane? Even though it has been the law in B.C. since June 2015 where there are more than two lanes in the same direction. Whats the old saying "Monkey see, Monkey do". We lead by example. If you have the agency that is suppose to be enforcing the law violating it what chance is there of the general public changing their habits?
I'm positive one would see a decrease in accidents on our highways if there was an agency that would enforce the remaining regulations of the MVA other than the pet three one would see a drastic reduction in accidents.
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There appears to be a portion of the population that learned that right of way is always given. I'm frequently confronted with situations where I'm required to yield to the other driver, or pedestrian, only to find them frustrating waving me along, often in situations where it would be unlawful and unsafe for me to proceed. It's frustrating and often leaves me struggling to discern my best move. Often if I finally do capitulate and begin to cautiously proceed, the other driver finally decided to step on the gas as well. It's a no win situation.
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Well Said!