Right of Way

The case of Panganiban v Sovdat involves the crosswalk on 160th Street about 130 metres south of 96th Avenue in Surrey. Ms. Panganiban, aged 14, was walking home from school with a friend and began to cross 160th Street in the marked crosswalk. Ms. Sovdat was driving southbound on 160th Street and collided with the two pedestrians. Ms. Sovdat denied liability for the collision stating that the girls had walked in front of her when she was so close that she could not avoid striking them.

Right of way means the privilege of the immediate use of the highway over other users. We often speak of it, but do we really know what it means in relation to our driving? It is crucial that drivers know and follow the right of way rules to avoid conflict and collision.

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.

I was sitting in a line of vehicles at the red light in the northbound lane of Woodsdale Road, at the intersection of Woodsdale Road & Highway 97 in Lake Country, British Columbia this afternoon. A northbound driver in a truck on Highway 97 turned south onto Woodsdale Road and immediately tried to cross the intersection diagonally to a driveway leading to his business at a small Marina on Wood Lake.

Q: I need advice to dispute two traffic tickets, Disobey Yield Sign - Section 173(2) MVA and Change Lane Unsafely - Section 151(a) MVA.

Here is what happened to me on Friday night:

Right of way is given, not taken. Please read that again and think about what it means when applied to driving, cycling and walking. A sense of entitlement is not what you should have when you use our highways, regardless of your travel mode.

I am a transit operator in the Central Okanagan. Can you please tell me how best to direct my concerns that British Columbia might not be communicating clearly enough to drivers the contents of Section 169.1?

I received a very detailed e-mail this week from a lady who described walking beside Willingdon Road southbound, facing in North Saanich during the early morning darkness. She paused, looked both ways for traffic and continued to the point where Willingdon begins and Canora Road diverges to the northeast.

She stopped and checked for traffic again from the small island that is present between lanes. Finding none, she began to cross the single lane. At this point, a vehicle approached from the south began to accelerate and the driver switched from low to high beam headlights.

Several weeks ago the media (including ICBC) reported over and over that cyclists have the "right of way". Whether it was the editing or just ICBC's position, there was no elaboration on what that exactly means.

What is the rule when two or more vehicles arrive at a roundabout (traffic circle) at exactly the same time from four different directions. Do you yield to the vehicle on your right? (as you would at a four way intersection).