Right of way question

Rick Johnson

2011-03-02





Mark,

I think it's safe to say that spaceships and hovercrafts would
follow nautical conventions, ie "the burdened vessel has right of
way".



Rick Johnson

Bend, Oregon

Every revolutionary idea seems to evoke three stages of reaction...
One, it's completely impossible.
Two, it's possible, but it's not worth doing.
Three, I said it was a good idea all along.

Arthur C. Clarke




On 3/2/2011 11:40 AM, Mark J. Ginsberg wrote:

<!-- DIV {margin:0px;} -->
But Jerry,



left turn yield has interplay with stop sign.



at a stop sign, first in time is first in right.



so if you are going right, left or straight, if you stop, and it
is clear to go, you go.



if you and another vehicle get to the stop at the same time,
well be careful, but the convention (not the law) is driver to
the right has right of way (hereafter ROW), but that is b/c at
UNCONTROLLED intersections the driver on the right has ROW.



So if you are first to the stop, you have the right to move
first, regardless of your direction. Assuming you are signaling,
those who stopped after you can't go until it is safe to do so.
Your being there 1st, coupled with your signal tells them all
that info.



please note this is not mode specific, I intentionally did write
this about bike or cars or space ships or hovercrafts, but my
analysis would be the same for cars and bikes, but maybe not
spaceships. I will need to get back to you about hover crafts
too!

 

Mark J. Ginsberg

Berkshire Ginsberg, LLC

Attorneys At Law

1216 SE Belmont St.

Portland, OR 97214

(503) 542-3000

Fax (503) 233-6874

markjginsberg@yahoo.com

www.bikesafetylaw.com










From:
Jerald M Powell <jpowell@spiritone.com>

To: Sarah
Tisdale <sarah.s.tisdale@gmail.com>

Cc: Obra
<obra@list.obra.org>

Sent: Wed,
March 2, 2011 11:33:23 AM

Subject:
Re: [OBRA Chat] Right of way question



Sarah, If you look more closely you'll find two significant
statements... one that Oregon law gives no-one the
right-of-way (only who must yield), and another that a left
turning (vehicle) must yield to oncoming traffic.



Jerry



On Mar 1, 2011, at 5:04 PM, Sarah Tisdale wrote:



>> From the "Oregon Driver Manual":

http://www.oregon.gov/ODOT/DMV/forms/manuals.shtml

http://www.odot.state.or.us/forms/dmv/37.pdf

>

>> From section 3 "Rules of the Road", subsection
"Yielding the Right of Way":

>  At any intersection with stop signs in all four
directions, it is common

>  courtesy to allow the driver who stops first to go
first. If in doubt,

>  yield to the driver on your right. The important thing
to remember is

>  to be careful. To avoid the risk of a crash, never
insist on the right of

>  way; be a courteous driver.

>

> I don't see any mention of turning-traffic versus
'thru-traffic'.

>

> Sarah

>

>

> On Tue, Mar 1, 2011 at 3:27 PM, Jake Rosenfeld <jakejake54@yahoo.com>
wrote:

>> Jason,

>> The understanding that I've been operating under
for years is that thru

>> traffic has the right of way regardless of who got
there first.  It

>> shoudn't matter if they were sitting there 2
minutes or two weeks,  you had

>> the right of way.

>> It wouldn't surprise me if I was wrong though......

>> jake

>>

>> ________________________________

>> From: Jason Crago <cragojason@comcast.net>

>> To: Obra <obra@list.obra.org>

>> Sent: Tue, March 1, 2011 9:34:57 AM

>> Subject: [OBRA Chat] Right of way question

>>

>> I have a question concerning right of way at a two
way stop.  Specifically

>> who has the right of way when two vehicles (or in
this case 1 driver and 1

>> bicycle) are at opposing ends of a two way stop. 
The person who arrived at

>> the stop sign first is turning left, the opposing
vehicle is going

>> straight.  It's been a while since I studied for
the exam but I seem to

>> remember the whomever arrives at the stop sign
first has the right of way

>> even if they are turning.

>> It come from being stopped at 60th and Lincoln last
night, there was quite a

>> bit of cross traffic on 60th which has no signal. 
The vehicle heading east

>> on Lincoln was turning left (north) on 60th.  I
arrived at the intersection

>> heading west on Lincoln much later than the east
bound car, once there was a

>> gap in traffic, I expected the car to turn.  Which
didn't happen in the

>> first 2 breaks in traffic.

>> Am I wrong remembering that the first vehicle at
the 2 way stop has the

>> right of way?

>> Jason

>>

>> _______________________________________________

>> OBRA mailing list

>> obra@list.obra.org

>> http://list.obra.org/mailman/listinfo/obra

>> Unsubscribe: obra-unsubscribe@list.obra.org

>>

>>

>> _______________________________________________

>> OBRA mailing list

>> obra@list.obra.org

>> http://list.obra.org/mailman/listinfo/obra

>> Unsubscribe: obra-unsubscribe@list.obra.org

>>

>>

> _______________________________________________

> OBRA mailing list

> obra@list.obra.org

> http://list.obra.org/mailman/listinfo/obra

> Unsubscribe: obra-unsubscribe@list.obra.org



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Mark J. Ginsberg

2011-03-02

But Jerry,

left turn yield has interplay with stop sign.

at a stop sign, first in time is first in right.

so if you are going right, left or straight, if you stop, and it is clear to go,
you go.

if you and another vehicle get to the stop at the same time, well be careful,
but the convention (not the law) is driver to the right has right of way
(hereafter ROW), but that is b/c at UNCONTROLLED intersections the driver on the
right has ROW.

So if you are first to the stop, you have the right to move first, regardless of
your direction. Assuming you are signaling, those who stopped after you can't go
until it is safe to do so. Your being there 1st, coupled with your signal tells
them all that info.

please note this is not mode specific, I intentionally did write this about bike
or cars or space ships or hovercrafts, but my analysis would be the same for
cars and bikes, but maybe not spaceships. I will need to get back to you about
hover crafts too!

Mark J. Ginsberg
Berkshire Ginsberg, LLC
Attorneys At Law
1216 SE Belmont St.
Portland, OR 97214
(503) 542-3000
Fax (503) 233-6874
markjginsberg@yahoo.com
www.bikesafetylaw.com

________________________________
From: Jerald M Powell
To: Sarah Tisdale
Cc: Obra
Sent: Wed, March 2, 2011 11:33:23 AM
Subject: Re: [OBRA Chat] Right of way question

Sarah, If you look more closely you'll find two significant statements... one
that Oregon law gives no-one the right-of-way (only who must yield), and another
that a left turning (vehicle) must yield to oncoming traffic.

Jerry

On Mar 1, 2011, at 5:04 PM, Sarah Tisdale wrote:

>> From the "Oregon Driver Manual":
> http://www.oregon.gov/ODOT/DMV/forms/manuals.shtml
> http://www.odot.state.or.us/forms/dmv/37.pdf
>
>> From section 3 "Rules of the Road", subsection "Yielding the Right of Way":
> At any intersection with stop signs in all four directions, it is common
> courtesy to allow the driver who stops first to go first. If in doubt,
> yield to the driver on your right. The important thing to remember is
> to be careful. To avoid the risk of a crash, never insist on the right of
> way; be a courteous driver.
>
> I don't see any mention of turning-traffic versus 'thru-traffic'.
>
> Sarah
>
>
> On Tue, Mar 1, 2011 at 3:27 PM, Jake Rosenfeld wrote:
>> Jason,
>> The understanding that I've been operating under for years is that thru
>> traffic has the right of way regardless of who got there first. It
>> shoudn't matter if they were sitting there 2 minutes or two weeks, you had
>> the right of way.
>> It wouldn't surprise me if I was wrong though......
>> jake
>>
>> ________________________________
>> From: Jason Crago
>> To: Obra
>> Sent: Tue, March 1, 2011 9:34:57 AM
>> Subject: [OBRA Chat] Right of way question
>>
>> I have a question concerning right of way at a two way stop. Specifically
>> who has the right of way when two vehicles (or in this case 1 driver and 1
>> bicycle) are at opposing ends of a two way stop. The person who arrived at
>> the stop sign first is turning left, the opposing vehicle is going
>> straight. It's been a while since I studied for the exam but I seem to
>> remember the whomever arrives at the stop sign first has the right of way
>> even if they are turning.
>> It come from being stopped at 60th and Lincoln last night, there was quite a
>> bit of cross traffic on 60th which has no signal. The vehicle heading east
>> on Lincoln was turning left (north) on 60th. I arrived at the intersection
>> heading west on Lincoln much later than the east bound car, once there was a
>> gap in traffic, I expected the car to turn. Which didn't happen in the
>> first 2 breaks in traffic.
>> Am I wrong remembering that the first vehicle at the 2 way stop has the
>> right of way?
>> Jason
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
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obra@list.obra.org
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Unsubscribe: obra-unsubscribe@list.obra.org


Jerald M Powell

2011-03-02

Sarah, If you look more closely you'll find two significant
statements... one that Oregon law gives no-one the right-of-way (only
who must yield), and another that a left turning (vehicle) must yield
to oncoming traffic.

Jerry

On Mar 1, 2011, at 5:04 PM, Sarah Tisdale wrote:

>> From the "Oregon Driver Manual":
> http://www.oregon.gov/ODOT/DMV/forms/manuals.shtml
> http://www.odot.state.or.us/forms/dmv/37.pdf
>
>> From section 3 "Rules of the Road", subsection "Yielding the Right
>> of Way":
> At any intersection with stop signs in all four directions, it is
> common
> courtesy to allow the driver who stops first to go first. If in
> doubt,
> yield to the driver on your right. The important thing to remember
> is
> to be careful. To avoid the risk of a crash, never insist on the
> right of
> way; be a courteous driver.
>
> I don't see any mention of turning-traffic versus 'thru-traffic'.
>
> Sarah
>
>
> On Tue, Mar 1, 2011 at 3:27 PM, Jake Rosenfeld
> wrote:
>> Jason,
>> The understanding that I've been operating under for years is that
>> thru
>> traffic has the right of way regardless of who got there first. It
>> shoudn't matter if they were sitting there 2 minutes or two weeks,
>> you had
>> the right of way.
>> It wouldn't surprise me if I was wrong though......
>> jake
>>
>> ________________________________
>> From: Jason Crago
>> To: Obra
>> Sent: Tue, March 1, 2011 9:34:57 AM
>> Subject: [OBRA Chat] Right of way question
>>
>> I have a question concerning right of way at a two way stop.
>> Specifically
>> who has the right of way when two vehicles (or in this case 1
>> driver and 1
>> bicycle) are at opposing ends of a two way stop. The person who
>> arrived at
>> the stop sign first is turning left, the opposing vehicle is going
>> straight. It's been a while since I studied for the exam but I
>> seem to
>> remember the whomever arrives at the stop sign first has the right
>> of way
>> even if they are turning.
>> It come from being stopped at 60th and Lincoln last night, there
>> was quite a
>> bit of cross traffic on 60th which has no signal. The vehicle
>> heading east
>> on Lincoln was turning left (north) on 60th. I arrived at the
>> intersection
>> heading west on Lincoln much later than the east bound car, once
>> there was a
>> gap in traffic, I expected the car to turn. Which didn't happen in
>> the
>> first 2 breaks in traffic.
>> Am I wrong remembering that the first vehicle at the 2 way stop has
>> the
>> right of way?
>> Jason
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


Sarah Tisdale

2011-03-02

>From the "Oregon Driver Manual":
http://www.oregon.gov/ODOT/DMV/forms/manuals.shtml
http://www.odot.state.or.us/forms/dmv/37.pdf

>From section 3 "Rules of the Road", subsection "Yielding the Right of Way":
At any intersection with stop signs in all four directions, it is common
courtesy to allow the driver who stops first to go first. If in doubt,
yield to the driver on your right. The important thing to remember is
to be careful. To avoid the risk of a crash, never insist on the right of
way; be a courteous driver.

I don't see any mention of turning-traffic versus 'thru-traffic'.

Sarah

On Tue, Mar 1, 2011 at 3:27 PM, Jake Rosenfeld wrote:
> Jason,
> The understanding that I've been operating under for years is that thru
> traffic has the right of way regardless of who got there first.   It
> shoudn't matter if they were sitting there 2 minutes or two weeks,  you had
> the right of way.
> It wouldn't surprise me if I was wrong though......
> jake
>
> ________________________________
> From: Jason Crago
> To: Obra
> Sent: Tue, March 1, 2011 9:34:57 AM
> Subject: [OBRA Chat] Right of way question
>
> I have a question concerning right of way at a two way stop.  Specifically
> who has the right of way when two vehicles (or in this case 1 driver and 1
> bicycle) are at opposing ends of a two way stop.  The person who arrived at
> the stop sign first is turning left, the opposing vehicle is going
> straight.  It's been a while since I studied for the exam but I seem to
> remember the whomever arrives at the stop sign first has the right of way
> even if they are turning.
> It come from being stopped at 60th and Lincoln last night, there was quite a
> bit of cross traffic on 60th which has no signal.  The vehicle heading east
> on Lincoln was turning left (north) on 60th.  I arrived at the intersection
> heading west on Lincoln much later than the east bound car, once there was a
> gap in traffic, I expected the car to turn.  Which didn't happen in the
> first 2 breaks in traffic.
> Am I wrong remembering that the first vehicle at the 2 way stop has the
> right of way?
> Jason
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>


Jake Rosenfeld

2011-03-01

Jason,   
The understanding that I've been operating under for years is that thru traffic
has the right of way regardless of who got there first.   It shoudn't matter if
they were sitting there 2 minutes or two weeks,  you had the right of way.
It wouldn't surprise me if I was wrong though......
jake

________________________________
From: Jason Crago
To: Obra
Sent: Tue, March 1, 2011 9:34:57 AM
Subject: [OBRA Chat] Right of way question

I have a question concerning right of way at a two way stop.  Specifically who
has the right of way when two vehicles (or in this case 1 driver and 1 bicycle)
are at opposing ends of a two way stop.  The person who arrived at the stop sign
first is turning left, the opposing vehicle is going straight.  It's been a
while since I studied for the exam but I seem to remember the whomever arrives
at the stop sign first has the right of way even if they are turning.
It come from being stopped at 60th and Lincoln last night, there was quite a bit
of cross traffic on 60th which has no signal.  The vehicle heading east on
Lincoln was turning left (north) on 60th.  I arrived at the intersection heading
west on Lincoln much later than the east bound car, once there was a gap in
traffic, I expected the car to turn.  Which didn't happen in the first 2 breaks
in traffic.
Am I wrong remembering that the first vehicle at the 2 way stop has the right of
way?
Jason

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obra@list.obra.org
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Unsubscribe: obra-unsubscribe@list.obra.org


Jason Crago

2011-03-01

I have a question concerning right of way at a two way stop.
Specifically who has the right of way when two vehicles (or in this case
1 driver and 1 bicycle) are at opposing ends of a two way stop. The
person who arrived at the stop sign first is turning left, the opposing
vehicle is going straight. It's been a while since I studied for the
exam but I seem to remember the whomever arrives at the stop sign first
has the right of way even if they are turning.
It come from being stopped at 60th and Lincoln last night, there was
quite a bit of cross traffic on 60th which has no signal. The vehicle
heading east on Lincoln was turning left (north) on 60th. I arrived at
the intersection heading west on Lincoln much later than the east bound
car, once there was a gap in traffic, I expected the car to turn. Which
didn't happen in the first 2 breaks in traffic.
Am I wrong remembering that the first vehicle at the 2 way stop has the
right of way?
Jason