Everything Traffic Safety
In a scene from “The Man With Two Brains” Steve Martin is suspected of impaired driving. Apparently the Austrian police have incredibly difficult impaired driving tests. I’m all for thorough testing, but if I was faced with this test, I’d be going to jail. How about you? Could you do as well as Steve Martin?
Q: Can the Police ticket you for not stopping at a stop sign, speeding, or other such traffic violations while driving on a privately owned roadway such as a parking lot?
A: That’s a great question, and there’s more to it than just a simple yes or no. Let’s start with the generalities. The opening line of RCW 46.61 (the “Rules of the Road” section of the law) specifies that this chapter applies “exclusively to the operation of vehicles on highways” but is followed by “except . . .” We’ll get to the “except” later. First, let’s define highways. When I hear the word “highways” I think of I-5 or Mount Baker Highway, but a highway is any publicly maintained road that is open to public vehicular travel. Pretty much, if you can drive on it and it was built with taxpayer money, it’s a highway. That means officers can enforce all traffic laws on everything from a busy arterial to a quiet neighborhood street, but not on private property.
Before anyone gets any ideas, this isn’t a free pass to drive like a madman (or woman) in the mall parking lot. That word “except” is followed by some traffic violations that officers can enforce on private property. These include impaired driving, reckless driving, negligent driving, vehicular homicide, vehicular assault and hit-and-run traffic collisions. I think we can agree that even on private property, those kinds of actions deserve to be investigated and the laws prohibiting them enforced. To get back to the original question, failing to stop for a stop sign in a parking lot wouldn’t get a driver a traffic infraction, but if in the process of not stopping the driver showed complete disregard for the safety of others the driver could get arrested.
If you looked up the RCW that we’ve been discussing, you’ll notice another exception. The law states that the highway limitations don’t apply “where a different place is specifically referred to in a different section.” at first I found that to be a puzzling statement, but I did find another section of the RCW that specifically refers to another place: streets within a Home Owner Association (HOA). Officers can enforce speed laws on private roads in neighborhoods where a majority of the HOA has voted to approve enforcement and has met a few other related requirements.
While we’re on the topic of neighbor associations, private communities can also chose to do their own traffic enforcement. We have an example of that here in Whatcom County with Birch Bay Village. In this gated neighborhood, private security officers enforce the rules of the association, including traffic rules. They can write tickets, and anyone contesting a ticket does so in front of a local judge.
The state of Colorado brings us a great PSA about driving high. There are a few things I want to note about this one. To start with, it’s about driving high, but at no point in the entire 30 second spot do we see any driving, or even a car. It doesn’t rely on tragedy to try to change behavior; instead it focuses on an ordinary, real-life situation: a patio barbecue. Watching the stoned guy try to cook the meat, it’s easy to conclude that guy shouldn’t be driving.
Q: If you are a passenger in a car that has been pulled over for a traffic violation are you required to show your ID to the police?
A: This is a great question that straddles the line between traffic law and broader constitutional law. And the answer is . . . It depends. Before we get to the passenger, though, let’s address the driver. According to RCW 46.61.020, during a traffic stop the driver of the car must provide license, registration and proof of insurance to an officer. And for those who have heard that you can keep your window up and press your ID against the glass, I wouldn’t recommend it. It is unlawful for a driver to refuse an officer’s request to take ID for inspection during a traffic stop. Plus, that’s a classic impaired driver move, so it’ll definitely make the officer suspicious. Continue reading “Passengers and ID”
Okay, this isn’t exactly a PSA, at least not intentionally, but when Ice Cube and Kevin Hart got into the back seat of a car, this little bit of traffic safety wisdom popped out.
Q: What are the Rules for skateboarders? Can they (should they?) use bicycle lanes? What about being on a roadway where there are no bicycle lanes? Do they need to obey traffic signals & signs? Should vehicles yield to them, as we do for pedestrians? Thank you for any hints & tips you can provide.
A: There are a couple issues that complicate our understanding with where skateboarders fit into the transportation spectrum. The first is that it’s hard to even find any state laws specifically about skateboards. That’s because skateboards actually fit into the definition of pedestrians in Washington’s traffic laws. The legislators expanded the traditional definition of a pedestrian (a person who travels by foot) and included “means of conveyance propelled by human power other than a bicycle.” (RCW 46.04.400) Whether you’re on a skateboard, roller skates, pogo stick or a red wagon, you’re a pedestrian in the eyes of the law. So let’s go through the questions within the original question and see what’s required for skateboarders. Continue reading “Skateboarders and Traffic Laws”
Q: I’m seeing more electric cars on the road every day; I myself am the proud owner of one. One of my favorite aspects of driving electric is the regenerative braking, which allows me to slow down without using the brake pedal. Sometimes I am concerned about drivers behind me not paying enough attention to realize I’m slowing down without seeing brake lights. If I’m hit from behind while using regenerative braking, can I be held partially liable because I didn’t engage the brake lights?
A: Until you mentioned it, I hadn’t thought about brake lights and regenerative braking, which is one more indicator that I probably shouldn’t be a legal adviser for the National Highway Transportation Safety Administration (NHTSA). By the way, if you ever end up in a room full of traffic safety people, they won’t refer to that organization by it’s full name or even by saying each initial; they just cram all the initials together into the made up word, “Nitsa.” It’s much faster, and since NHTSA is connected with just about anything that has to do with traffic safety, saying “Nitsa” instead of the full name throughout a traffic safety professional’s career saves 700 hours worth of unnecessary syllables. That’s just a guess; I don’t have the data to back up that 700 hour claim. Continue reading “Brake Lights and Regenerative Braking”
Q: Is it legal to drive an ATV or Gator type vehicle on Bellingham city streets?
A: My favorite part of this question is that it is specific to Bellingham city streets. It’s not too unusual to see farmers in rural parts of the county riding an ATV across a road to get from one field to another, so I’m visualizing a guy in a Carhart jacket and Romeo boots looking disoriented as he wonders how he ended up on Railroad Avenue. Continue reading “ATVs on City Streets”
As I watched my neighbor scrape ice from her windshield I realized it’s probably time to review the topic of winter driving. Mount Baker ski area has opened, the freezing level is dropping, and we’ve already had some flooded roads. Here comes winter.
If you’ve ever had a conversation with someone from Minnesota about winter driving, you’ve probably heard the ridicule about how Washington doesn’t have a “real” winter. And that’s exactly the problem. In wintery parts of the country people prepare for the inevitable ice and snow. Here we often get caught off-guard by a storm system that blows in, makes a mess of things, and then melts away two days later. And unlike places that stay frozen for weeks at a time, we have weather that fluctuates between just below and just above freezing, creating the slippery hazard of a thin layer of water on top of a layer of ice. I’ve seen a parked car slide off the road in those conditions. Continue reading “Winter Driving Review”
I chose to start the PSA Smash Up with this one, because it gets me every time. This PSA conveys a powerful message without the need for a graphic crash scene. I think it works because we can relate to the relationships. And really, the main reason to drive safe is to get home to the people you care about.