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Slow vehicles, obstructions bring up right of way concerns

Whether they are riding a bike, bus, truck, or tractor, you have to think twice before you try passing them. Passing slow-moving vehicles or other obstructions are a common concern for motorists and law enforcement alike. The National Safety Council suggests that approximately 15,000 crashes each year involve slow-moving vehicles. Wisconsin State Statute says you cannot pass them in in a no-passing zone regardless if the other lane is open or not. It also says the motorists traveling in the opposite direction of the obstruction should move over just enough so they can share the lane with the other driver trying to pass. Kewaunee County Sheriff Matt Joski says you are better being extra cautious than following that statute.

Area roadways are expected to be even more crowded in the coming weeks farmers head out their fields for the fall harvest and all schools are open for in-person learning. You can read more about Joski’s thoughts on the topic online with this story. 

 

FROM SHERIFF MATT JOSKI

Once again, after finding myself at a loss for topics, I was rescued by a community member who had a great question, and thought it would make a good topic. The subject is one that has appeared from time to time as topics of my articles, but pertaining to different dynamics. The topic is yielding to right of way and in this article it pertains to vehicles traveling in opposite directions on a public roadway.       

     We are all well aware of our obligation to yield right of way at intersections, to pedestrians or to school buses and emergency vehicles, but we may not know how to proceed when confronted with the situation where your lane of travel is partially obstructed. These obstructions could be caused by work being done by a utility company, road maintenance, or an agricultural operation related to fertilizing or harvesting. It could also be caused by significant debris in the roadway such as a branch after a storm, or similar such objects. Bottom line is; your lane of traffic is partial obstructed and you now need to navigate around the obstruction. This is a fairly easy maneuver if no other vehicle is approaching from the opposite direction, but what if this is not the case?

       In researching the answer to this question, I was actually somewhat surprised by what I found. I would have thought that the vehicle in the traffic lane with the obstruction would have to yield and wait for oncoming traffic before proceeding into that oncoming lane to pass by the obstruction, but that is not the case. In Wisconsin State Statute 346.06 -Meeting of Vehicles, it states the following: Operators of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each operator shall give to the other at least one− half of the main traveled portion of the roadway as nearly as possible.

        In essence, what this is saying is that the vehicle with the obstruction can maneuver to the left in order to avoid the obstruction and that any oncoming vehicles need to maneuver to the right of their lane to allow for safe distance so that both vehicles could proceed in their respective direction of travel.

        You may be asking “What about Operating Left of Center?” This is answered in the previous State Statute 346.05- Vehicles to be driven on right side of the roadway; exceptions, where is states in subsection c “ When the right half of the roadway is closed to traffic while under construction or repair or (in subsection d) “When overtaking and passing pedestrians, animals, or obstructions on the right side of the roadway.

        So in summary much like many other duties required of us as motorists this maneuver requires us to be attentive and aware of all that is going on both in our lane of traffic as well as those traveling in the opposite direction. It also requires a sense of courtesy so that both vehicles are able to proceed without creating undo anxiety or danger. I hope I addressed this topic sufficiently and cleared up any questions related to it.  Take Care and Drive Safe!

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