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Jim Gibbons
Governor
Susan Martinovich, P.E.
Director
 

2007 Previous Laws of the Month



Law of the Month - August

DRIVING IN A ROUNDABOUT

August 2007

Arrows in a circle depicting the roundabout concept

A roundabout is a modified, circular intersection without any stop sign or signal. The roundabout name comes from the intersection’s circular shape, which requires drivers from all directions to enter the circle in a counterclock-wise direction until exiting the roundabout at their desired exit.

Roundabouts do not use stop signs, but often use yield signs to notify each driver to first yield to other approaching vehicles already in the roundabout. Drivers should look in each direction before entering the roundabout so that they are able to yield to vehicles who have the right of way. Additionally, all drivers should be driving at low speeds to avoid collisions. NDOT also reminds drivers that the use of a roundabout is considered a turning movement. Therefore, drivers must use their signal to notify in advance of their ultimate turn out of the roundabout.

Though roundabouts are relatively new in Nevada and no state laws mention them by name, there are certain regulations that relate to roundabouts. NRS 484.303 (2) states that “A vehicle passing around a rotary traffic island shall be driven only to the right of such island.” A roundabout also fits the definition of an “intersection” as defined in NRS 484.073. Nevada law regulates intersection such as roundabouts at which there is a yield sign under NRS 484.319, and states that a driver, before entering an intersection “shall yield the right-of-way to other vehicles which have entered the intersection from [a] through highway or which are approaching so closely on such through highway as to constitute an immediate hazard during the time such driver is moving across or within the intersection.” This means that a driver may have to make a complete stop in yielding to one or more vehicles coming from the left of that driver. A speed limit is often posted before roundabouts, and, as in any driving situation, safe speeds are encouraged. Nevada law provides that it is unlawful to drive at a speed “greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions” or at a speed which may “endanger the life, limb or property of any person.” (NRS 484.361)

Roundabouts are being used more often in Nevada on lower-speed roads where traffic does not justify a signal or four-way stop as a traffic calming device, as well as when there may be a history of accidents, or when the queue or backup of vehicles needs to be minimized. Even if a complete stop must be made prior to entering a roundabout, the wait will likely not be as long as a wait at a traffic signal would be. Following these laws while using a roundabout will help ensure a safe and expedient intersection for all users.

Law of the Month - September

RIGHT-OF-WAY AND LEFT TURNS AT INTERSECTIONS

September 2007

Right of Way Diagram.jpg

The term “right-of-way” is defined by Nevada Revised Statute 484.141 as the right to “proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.”

When determining who has the right-of-way, we must always remember that the idea is to use common sense and avoid collisions. Common sense indicates that someone actually has to grant the right-of-way to the other so that a collision is avoided. Of course, the law does say that the grant must be given in certain situations, but another driver should not force it. While a driver may technically have the right-of-way in a given situation, the right-of-way should not be “taken” as a right.

Imagine two vehicles arrive at the same time at an intersection controlled by stop signs in each direction. One driver is turning left while the other driver is going straight ahead. Who has the right-of-way? NRS 484.317 says that the driver of a vehicle “within an intersection” who is intending to turn left “shall yield……to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and haven given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.” If we focus on the difference between “approaching” an intersection and being “within” an intersection, this statement might be confusing. But, what this really means is that the driver turning left needs to yield to the driver going straight ahead if they both reach the intersection at about the same time. But, if the left-hand driver first yielded to others who reached the intersection at the same time and gave a signal for the left turn, that left-turn driver now has the right-of-way.

Law of the Month - October

USING CAUTION FOR A STOPPED LAW ENFORCEMENT VEHICLE

October 2007

Highway Patrol Officer

When law enforcement officers are parked on the side of the highway for a traffic stop or to assist a motorist, they are virtually defenseless and face the constant danger of being hit by speeding cars and trucks just a few feet or inches away. For the safety of law enforcement officers, as well as emergency responders and others who work on the side of highways, Nevada has a law requiring drivers to slow down and move over if possible when approaching “an authorized emergency vehicle which is stopped and is making use of flashing lights….” The law, Nevada Revised Statute 484.364, states that drivers must decrease their speed to what is reasonable and proper and less than any posted speed limit, proceed with caution, be prepared to stop, and drive in a lane “not adjacent to the lane in which the emergency vehicle is stopped” when safe and possible. Emergency vehicles include those of law enforcement, fire departments and public ambulance agencies.

“If the road has more than one directional lane, like a freeway or highway, and you can switch lanes safely, you must move over to vacate the lane closest to the law enforcement or other vehicle with its lights flashing,” Nevada Highway Patrol Chief Chris Perry says. “If the road has a single directional lane or you can’t safely move over, you must reduce your speed.”

The cost for violating the law can be expensive. It is a misdemeanor which is punishable by a fine of up to $1,000 and imprisonment in the county jail for up to 6 months. If you get a ticket, a fine will be assessed and you will be assessed demerit points on your license. In addition, your driver’s license may be suspended if you are involved in a crash, and you may serve time in prison if you hurt or kill someone.

“Our troopers and police officers who work on busy highways take every possible precaution to avoid being hit by vehicles,” says Chief Perry. “But we need help from every driver on the highway. When motorists obey the law and create a safety zone, they help reduce the dangers to themselves and to our officers.”

Law of the Month - November

WHITE LINES ON THE SIDE OF THE ROAD

November 2007

drawing of a road

On freeways, highways and many roads in Nevada, there is a solid white line on the right side. Sometimes, the line has a break in it or is occasionally interrupted by a dotted white line. Many drivers may wonder what these areas are and what they mean.

“A solid white line on the side of the road is sometimes called a ‘fog line,’” NDOT Chief Traffic Engineer Fred Droes says. “It is actually a line which indicates the edge of the traveled portion of the highway and, because the line is reflective and very visible when headlights shine on it, it can be seen more easily in fog so drivers can stay on the road. It is also a line drivers can focus on to stay in their lane at night when oncoming headlights may reduce visibility of the center line.”

All lines and striping on roads and highways mean something. The Manual on Uniform Traffic Control Devices (MUTCD) describes the purpose of the white lines. The color white is for all pavement markings except for those required to be yellow and the red and blue raised markers or reflectors (section 3A.04). Solid lines indicate that the crossing of the line is discouraged (section 3A.01). A broken white line indicates that it is permissible to cross the line (section 3B.04). The white line on the side of the road may indicate the edge of the pavement or the line beyond which road and highway officials would like drivers not to normally go (section 3B.06). This could be a separation from a bike lane, a gutter and curb, or an unpaved area. The purpose is to make these areas safer for drivers and others. While crossing the line is discouraged, road and highway officials know that the lines may have to be crossed occasionally.

Another use of the solid white line on freeways is to delineate the on or off ramps. For instance, white lines are placed to channel a driver exiting a freeway so that the driver knows not to cross onto the off ramp too late, which may cause a collision with the separating island or barrier. These areas are typically known as the “gore” area. In conclusion, solid white lines provide a safety measure to help drivers stay away from potentially dangerous areas.

Law of the Month - December

MAKING A LEFT TURN ACROSS A DOUBLE YELLOW LINE

Decmber 2007

Left turn over double yellow line.

A familiar pavement marking to drivers is the double yellow continuous line on the left hand side that typically divides each direction of traffic. The use of this and other pavement markings is regulated under the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD). According to section 3A.04 of the manual, yellow lines delineate the separation of traffic traveling in opposite directions or the left edge of a divided or one-way highway. The solid yellow line also indicates a no-passing zone.

Nevada law prohibits driving on the left side of a highway which has pavement striping designed to mark a no-passing zone. Nevada Revised Statute 484.301 does say, however, that a driver may cross this striping to make a left-hand turn if the driver “has first given the appropriate turn signal….it is safe and if it would not be an impediment to oncoming or following traffic.” The key here is not only a requirement that such a turn would not impede oncoming traffic, but that it would also not impede following traffic. Therefore, if a driver finds himself wanting to make a left-hand turn across a single or double yellow line, that driver may not do so if there is traffic behind him which would have to stop and wait for the driver to make the turn.



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