CVC 21802; Do drivers facing no stop sign have to yield to drivers who have stopped and yielded?

[Gary Cziko]

People,

In doing some research on stop sign law in CA, I took a look at CVC 21802 (see below).

I had always thought that a driver subject to a two-way stop sign had to make sure that he or she could clear the cross street or enter the cross street without requiring cross traffic slow or yield. But section (a) mentions yielding to vehicles "which are approaching so closely as to constitute an immediate hazard. And section (b) states that drivers of approaching vehicles (those facing no stop sign) must yield to stopped vehicles whose drivers had yielded and subsequently entered the intersection.

This could be taken to mean that the stop-controlled driver heading north could move into the lane with traffic from the left (eastbound) when reasonably clear and wait there until a similar gap appears in the traffic in the westbound traffic coming from the right. Traffic coming from the left (eastbound) would then have to yield to the waiting driver blocking the eastbound lane.

This is news to me if I am interpreting this correctly. Am I?

-- Gary

21802

 

(a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.

(b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.

(c) This section does not apply where stop signs are erected upon all approaches to an intersection.

(Amended by Stats. 1988, Ch. 623, Sec. 3.)

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==================================================

Gary Cziko ("ZEE-ko"), PhD
Professor Emeritus, Educational Psychology
University of Illinois at Urbana-Champaign

CyclingSavvy Instructor (CSI)

Board of Directors, American Bicycling Education Association (ABEA.bike)

Board of Directors, California Association of Bicycle Organizations (CABO)
Co-Manager, i am traffic Facebook page

Administrator, Los Angeles DownWind Paddlers (LADWP) Facebook group

[Serge Issakov]

News to me too.  But it makes sense. Everyone apparently overlooking this basic idea appears to be another  casualty of "freeway mentality" applied  to surface streets. 

Good to know!  Though when proceeding on bicycle with "reasonable safety" from a two-way stop after properly stopping and yielding to those to whom proceeding would constitute an immediate hazard, I suggest holding up an arm with palm towards any other approaching cross traffic that needs to slow or stop to yield to you because they are likely not aware of 21802(b). 

Serge 

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[Gary Cziko]

Serge,

Good to know!  Though when proceeding on bicycle with "reasonable safety" from a two-way stop after properly stopping and yielding to those to whom proceeding would constitute an immediate hazard, I suggest holding up an arm with palm towards any other approaching cross traffic that needs to slow or stop to yield to you because they are likely not aware of 21802

Or hold up a portable YIELD sign with "CVC 21802" printed underneath?  :)

Gary

[Gary Cziko]

I don't quite understand the distinction made in 21802(a) between the red and blue below:

The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, . . . 

And does "another highway" typically mean just the cross street?

-- Gary

[Pete van Nuys]

This means that the driver A with the Stop sign must yield to cross traffic B which is traveling so close, or at such speed, that conflicting would create a hazard.

But that cross traffic C which is not so close, or so fast, must yield to driver A when she has proceeded legally into the intersection.

I traverse such an intersection every single day in my role as driver A.  The intersection is below

In the lower left corner of the pic, Drivers turning on green from El Camino Real all feel as if they have the right of way through the Estrella intersection, but they aren't even on Presidio when I enter the intersection. I can't be expected to yield to vehicles not yet on the street I'm crossing.

On 1/22/2017 8:24 AM, Serge Issakov wrote:

News to me too.  But it makes sense. Everyone apparently overlooking this basic idea appears to be another  casualty of "freeway mentality" applied  to surface streets. 

Good to know!  Though when proceeding on bicycle with "reasonable safety" from a two-way stop after properly stopping and yielding to those to whom proceeding would constitute an immediate hazard, I suggest holding up an arm with palm towards any other approaching cross traffic that needs to slow or stop to yield to you because they are likely not aware of 21802(b). 

Serge 

On Sun, Jan 22, 2017 at 7:51 AM Gary Cziko <gcz...@gmail.com> wrote:

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Pete van Nuys Exec. Dir. Orange County Bicycle Coalition ECI, LCI, CSI 949 492 5737

[Doug Williams]

Ambiguity in the law aside, I think it is simply wrong to take the right of way from someone who properly has it.