Evening star., 1947-06-22
Change in Regulation
On Auto Right Of Way
To Be Sought for D. {.

III DC JVuyM lVI y. V.I
9 Among changes in trafic regala-
: tions that the District Commission
ers viii be asked to Adopt next fall
, Is one relating to the right Of way
at intersections that win bring the
regulation into line with recent
court decisions here.
The proposed regulation would
direct q driver who has halted at
a stop sign and then driven on to
a boulevard, to proceed cautiously,
despite the technical right of way
This Is In keeping with the court
decisions holding that common
sense must prevail and that a.
driver must use caution and not In
sist solely upon his legal rights.
The Federal Appeals Court, In an
opinion handed down June 2 in q
collision case In which q motorist,
claiming the right Of way, contends
he was hit by a streetcar December
80, 1914, at Eighth and 3 streets
Sc, said:
Perhaps, therefore, smallwood
donald ]. Smallwood, who sued
the Capital Transit Co., claiming
an injury had the technical right
Of way under the traffic regulation.
But that regulation Is not to be
construed as an invitation to reck-
lessness. Possession of the tech
nical right to precedence does not
justify negligent insistence upon it;
and when 1t Is possessed by mar
gin OF only second or two over
a streetcar, a motorist relies on his
technical right of way at his peril.
No man has the right to calculate
such close chances as to his ability
to cross the track ahead of an ap-
preaching streetcar, and thus throw
the risk Of injury on the transit
company"
1945 Decision Cited.
The Municipal Court Of Appeals,
In an opinion Of July 27, 1945, in
case involving a collision between
automobiles in which the litigants
were Nathaniel c. Brown and
Thomas e. Epps against Patrick j.
Clancy, said:
"The driver Of an automobile
who, on arriving at an intersection,
Is confronted by a stop signal, must
exercise a degree Of care measured
by the requirements of the traf11c
regulations and the dictates OF
common sense. He must stop his
car before entering the favored
street, observe moving traffic. and
give the right Of way to an ap-
preaching vehicle, which would
constitute an immediate hazard.
BY the later, we think, was intended
o vehicle so close to the intersection
that, should it continue with un-
diminished speed and should the
favored vehicle start, the two would
reach the point where their paths
would converge at approximately
the same time.
"He may not merely look, he must
look observantly and with effect.
And If he fails to see what the evi-
dence conclusively shows Is there
to be seen, the law imposes a penal
ty for his lack of care-it declares
him contributorily negligent and
bars recovery for his injuries"
Regulation Quoted.
The existing regulation, Section
28, reads in part:
"At any point at which an official
Stop sign has been erected all
vehicles shall come to a complete
stop and shall yield to other We
hicles within the intersection or
approaching 50 closely there to as
to constitute an immediate hazard,
but said driver having so yielded
may proceed and other vehicles ap-
preaching the intersection shall
yield to the vehicle so proceeding
into or across said intersection; pro-
vided. that where traffic faces traf-
flc light signals, which are in oper-
alton, and also Stop sign, such
traffic may proceed, If permitted by
such traffic light signals, without
regard to the Stop sign"
In keeping with the Uniform We
hicle Code, sponsored by the Presi-
dents Highway Safety Conference
which met here last week, the pro-
posed regulation would read:
"(a) The driver of vehicle shall |
stop as required by these regulations
at the entrance to a through high
way and shall yield the right of
way to other vehicles which have
entered the intersection from said
through highway or which are ap-
preaching so closely on said through
highway as to constitute an imme-
diate hazard, but said driver having
SO yielded may proceed and the
drivers of all other vehicles ap-
preaching the intersection on said
through highway shall yield the
right of way to the vehicle so pro-
ceeding into or across the through
highway.
Caution to Be Used.
"(b) The driver of vehicle shall
likewise stop in obedience to a stop
sign as required herein at an In
tersection where a stop sign is
erected at one or more entrances
thereto although not a part of a
through highway and shall proceed
cautiously, yielding to vehicles not
SO obliged to stop which are within
the intersection or approaching SO
closely as to constitute an imme-
diate hazard, but may then pro-
ceed."
The committee on laws and regu-
lationS Of the Commissioners Traf-
fic Advisory Board has been meet
ing weekly since last fall to revise
the trafic regulations. It has COM
pleted comparing the conferences
model state and city codes with
the District regulations, George e.
Keneipp, director of vehicles and
traffic, explained.
1t will now 60 through the Dis
trict regulations and determine II
any further changes should be
made. After the committee has
completed its work and the board
has acted. the proposed regulations
will be sent along to Corporation
n