What Are Maine’s Right of Way Laws?
The state of Maine has made certain rules when it comes to right of way laws, or the privilege of one person to pass along a route in preference to others. This has to do with who should have the right of way when two vehicles are approaching; who has the right of way at intersections; and who has the right of way when pedestrians and bicyclists are involved. In addition to being important legal facts that all drivers and cyclists in Maine should understand, the above three areas are also where some of the most serious collisions occur on our roads in Portland and the surrounding area. Therefore , knowing the law is an important part of preventing bicycle and vehicle accidents as well. Every vehicle operator in the state of Maine, from the pedestrian to the bus driver should be aware of the right of way laws governing them, because few things create more confusion and potential collision than the movement of motor vehicles, pedestrians, and cyclists at intersections. The general principles of Maine right of way laws are clear, and they go something like this: The purpose of these laws is to protect everyone on the roads, and to consider the safety of pedestrians, motorists, and cyclists first. By understanding the laws, we can make our interactions on the road safer for everyone.
Maine Pedestrians and Right of Way
Section 2: Pedestrians’ Right of Way in Maine
According to the Maine Bureau of Highway Safety: "Neither motorists nor pedestrians are exclusively at fault when it comes to pedestrian safety. Motorists must always remain alert for pedestrians, even when they are not in the crosswalk or intersection."
The Maine Motorist Handbook defines a "Pedestrian" as "a person on foot."
According to Maine’s Right of Way law (29-A M.R.S.A. § 1252), "A driver shall yield the right-of-way to all pedestrians, including persons with disabilities, on or off highways."
Maine law gives pedestrians the right of way at certain times, such as in crosswalks and on sidewalks. The law prescribes a number of different behaviors for both drivers and pedestrians who are interacting on Maine roads. And these rules are broadly given in the following scenarios:
In general, pedestrians have a right of way while on the sidewalk and when crossing the roadway in the crosswalk. However, the law affords no pedestrian right of way in the following instances:
Another area where right of way rules apply to pedestrians is with respect to the use of wheelchairs, tricycles or bicycles. Wheelchair users and those using other vehicles for mobility purposes (i.e. tricycles, bicycles, etc.) only have the right of way when on the sidewalk or in the crosswalk.
Bicyclists also have several special rules governing their ability to ride on sidewalks, and their responsibilities to yield to pedestrians when doing so:
As you can see, the rules governing pedestrian right of way are fairly comprehensive and detailed. As with many traffic-related rules, these right of way laws are designed to reduce the number of accidents and injuries that occur when people interact near intersections, crosswalks and roadways.
Maine Drivers and Right of Way
While some of the responsibility for safely navigating Maine roadways is on the individual who has the right of way, everyone has the responsibility to be observant. The individual with the right of way in a given situation need not take any further action as long as he or she continues to drive in a reasonably safe manner. On the other hand, the driver in the situation who does NOT have the right of way has a duty to be aware of the location of other cars on the road and to exercise that awareness in determining whether and when to yield the right of way.
Four way stops occur when the traffic signal or light is out of order, or showing the wrong color. In general, any driver approaching an intersection without working traffic lights must be prepared to stop and yield to all traffic that has already entered into the intersection before proceeding. It is very common for the driver who has the right of way in this instance to stop and wave the other driver into the intersection as an act of courtesy. This is certainly a nice gesture, but as nice as it is, the driver does not need to do it, and cannot rely on the goodwill of the other drivers. The driver with the right of way is responsible for determining whether and when to proceed.
All drivers on Maine’s highways have a duty to use turn signals to notify others of their intended lane movements, and to move at an appropriate velocity to avoid accidents or collisions. When merging onto a highway, the driver who is already traveling on the freeway has the right of way provided he or she is traveling within the speed limits. The merging driver must yield to the highway driver as well as other drivers who are already within the same lane, and should be prepared to quickly move to the next lane or slow down to allow the others to pass. Sometimes a driver will yield to a merging car out of courtesy, but doesn’t have to. This can result in confusion over who has the right of way, which is why it is so important to communicate using turn signals and to be aware of your surroundings.
Drivers are usually required to yield to oncoming emergency vehicles such as ambulances, fire trucks, and police cars. Maine law provides that are required to pull over to the side of the road and stop until the emergency vehicle has completed passing. The law provides an additional obligation if you are driving in the same direction as the oncoming emergency vehicle. In that situation, you must pull over to the right edge of the highway or the curb where possible, and yield to the other side of the highway until the emergency vehicle is out of the way.
Maine Cyclists and Right of Way
Cyclists, like motorists, are required by law to follow all rules of the road when sharing the road with bicycles. For example, Maine’s right of way rules apply to cyclists just as they do to other vehicular traffic.
Under Maine law, operators of vehicles must yield the right of way at intersections where you do not have a stop sign, or are presented with a stop sign, to the vehicles who do have a stop sign. The exceptions to this law are: turning left, yielding to pedestrians, and emergency vehicles.
If you are traveling straight and your intersection has no stop sign, then you do not have to yield to oncoming traffic. However, if that oncoming traffic wants to turn left, you must yield to them. You might be thinking, "Of course!" but the law is important because many people don’t realize that you do need to yield to cars turning left when you’re going straight. The mistake often happens when the person proceeding straight does not notice the person who wants to go left until it’s too late.
No car may proceed against traffic on a one-way road or against a light, but this law does not apply to cyclists.
Now that I have bummed you out, there is good news: cyclists are given a few additional rights of way under Maine’s traffic laws. For example, motor vehicles must give cyclists at least three feet of space when passing. If the only way for a motor vehicle to safely pass a cyclist is by crossing over the center line, it is perfectly legal. Cyclists can cross the double yellow lines when necessary to avoid hazards. Motor vehicles must also yield the right of way to cyclists at roundabouts.
Penalties for Breaching Right of Way Laws
The right of way laws are designed to protect people on the road. If a driver violates these laws, they may face both legal and financial consequences.
Fines:
If you fail to yield to pedestrians or cyclists in Maine, you can be charged with a Class E traffic violation, facing a fine of between $50 and $500 and a possible 30-day jail sentence. For failing to stop for a school bus, you can be charged with a Class D violation, facing a possible $1,000 fine and a suspension of your license for 90 days. If you are involved in a crash while violating a right of way law, you can be charged with a Class C traffic violation, and face a $250-$500 fine and a 90-day license suspension. If someone is injured or killed in the crash , it can be charged as a Class B crime instead, resulting in fines ranging from $1,000 to $50,000 and up to 10 years imprisonment.
Insurance:
When you are involved in an accident for which you were at fault, you are also likely to face an increase in your insurance premium. Then, if you get charged with a Class E violation or higher, many insurance companies will charge a higher premium for 5 years and/or may not renew your insurance policy, leaving you with few options for coverage. In extreme cases, your license may be suspended until the total fines you owe are paid. This substantially increases your insurance risk as well.
Tips for Handling Right of Way Laws
When it comes to understanding and navigating right of way scenarios, knowledge of the right of way laws is only half the battle. How those laws apply to different situations—and the best practices for various types of road users—determines how well those laws are followed. Here’s more detail on safely navigating right of way situations:
Vehicles and Cars
Whether entering or exiting a roundabout, turning left, approaching an intersection or making a right turn on red, follow all exit lanes and road signs properly in order to ensure the right of way and prevent potential traffic accidents. Always be sure to check lanes and blind spots for pedestrians, cyclists and other vehicles before changing lanes.
Bicycles
Bicyclists have an equal right of way with motor vehicles, meaning they must follow the same rules. Even so, it is wise to practice extra caution and awareness in the presence of other vehicles, particularly larger ones. Bicyclists should remember to signal all turns and lane changes, and look over their shoulders at all times when crossing lanes.
Pedestrians
Whenever a crosswalk is present, the driver bears the responsibility of yielding the right of way to pedestrians, whether the pedestrians are crossing with the signal or not. Pedestrians should always wait for the walk signal, if one is available, and refrain from entering the intersection any earlier than necessary.
Current Developments in Right of Way Laws
Maine has seen few changes recently in the language of the right of way laws, aside from the addition of subsections. However, there have been a number of changes to the case law addressing these statutes. One important change has been a recognition that the underlying legal principle is one of safety for all users of the road, as demonstrated by the dismissal of a case accusing a driver of violating the yield right of way statute on the ground that the collision at issue was unavoidable.
Another more recent decision offers guidance as to when a cyclist is entitled to demand full use of the lane. Under 29-A M.R.S. § 2083-A(6)(A), a bicycle operator may operate in a full travel lane only when the travel lane is not of sufficient width to allow safe passing by a motor vehicle; a performance standard that is in the writer’s option capable of satisfying even a lane hardly wide enough to put a car and a bike side by side, much less to allow a car to legally change lanes while passing the bike.
One solution is to ride against the right-hand edge of the lane, as this maximizes the space available for traffic passing from behind. However, even where the law idealizes this approach, it has often been treated by cyclists as merely advice. Many riders prefer to keep their distance from the edge, so as to provide the option of jumping the curb if a car comes too close.
The practicality of the 3-foot passing law, 29-A M.R.S . § 2092(4), presents its own set of problems, however. First, the passage of 3 feet is not a guarantee that the passing vehicle will in fact be "at a safe distance." Drivers are prohibited from crossing the edge line or unduly moving into the bike lane to pass a bike rider, and one does not need a tape measure to see that a car only inches away is not at "a safe distance" whether travelling 3 feet or 3 inches away. But even if we accept the proposition that we need no tape measure to determine if a car is passing a bicycle "at a safe distance", a precise number nevertheless offers little guidance. If the passage of a car within 3 feet presents a danger to a cyclist, can the cyclist count on being able to use the 3-foot statute to avoid any degree of danger whatsoever from a car passing within e.g. 4 feet?
This issue has not yet been tested in court, and may not be for quite some time. This is because while the 3-foot statute created a private right of action for violations thereof, at least in the absence of any injuries resulting from the passage, the act also requires that the Department of Transportation adopt a set of guidelines for implementation thereof. It was not until July that those were finalized, and although they are now in effect, most lawyers are not likely to take the risk of suing someone for a violation of the 3 foot statute any time soon, when there is no reported case law in Maine explicitly defining the 3 foot rule.