Repeal the right-turn law

by HOWARD M. BERLIN

03/17/2002

IDelaware and virtually all other states have laws allowing vehicle turns on red lights. The rationale after the '70s oil embargo was to cut down on the time cars idled at intersections, thereby saving gas, reducing pollution, and speeding up traffic through crowded intersections without adding new lanes.

The law allows the motorist to make a right turn on a red light provided two conditions are met: The car must come to a complete stop and the driver must then determine if it is safe to proceed. The state's law also allows left turns on red with the same conditions but only from a one way street to another one way street.

The most contentious part of the state's the law is discetion; it does not require the driver to make the turn. If a driver wants to sit at an intersection waiting for a light to turn green, even though there might be several impatient drivers behind him who want to make the turn, there is nothing that requires the first car to move.

Intersections with a lot of pedestrian traffic now have signs prohibiting such turns, either no turns at all on red, or no turns when there is a red arrow. Over the years, many drivers either became oblivious to the posted signs or began treating them like stop signs. Many drivers approach the stop sign, slow down somewhat, and then speed up without ever coming to a complete stop. Others don't slow down at all before turning.

Many will claim that motorists drive under a lot of stress due to today's ever-increasing traffic and become impatient with all the slow-moving traffic. This no excuse.

A huge body of evidence exists from the Insurance Institute for Highway Safety and state agencies that far too many motorists do not completly stop before turning right at red lights, and frequently do not look for cyclists and the pedestrians who jaywalk. These studies also document a marked increase in injuries to pedestrians and cyclists by motorists failing to observe proper caution at red lights.

Then there are those impatient drivers who sound their horns when the driver in front of them does not elect to make the discretionary turn on red. When horn-blowing fails to intimidate, some will then illegally drive around a stopped vehicle and proceed to make the turn.

Last November, New York Gov. George Pataki vetoed a bill that would have permitted right turns on red on Staten Island. Pataki stated that "while reducing traffic congestions is an important public purpose, protecting the safety of pedestrians and bicyclists must be our paramount concern."

A recent study tested the effectiveness of restricting turns to between 7 a.m. to 7 p.m. at 15 intersections in Arlington, Va. The study found a decrease in drivers turning on red without stopping during mostly daylight hours, from 32 to 13 percent. But his approach does not really help pedestrians and cyclists after sunset when they are least visible to motorists.

The state legislature should repeal the right-turn-on-red law, just as legislators passed a law against aggressive driving. The legislature should also eliminate stop lights with red arrows.

Repeal of the right-turn-on-red law will remove judgment calls and possible court challenges a police officer faces when deciding if a motorist actually came to a complete stop and checked for safety before making the turn. If traffic lights with red arrows are also banned, a steady red light will mean stop.

When there are exceptions and variations to a law, or at a traffic light, pretty soon you forget what the law is.

Howard M. Berlin, of Wilmington, is a college educator and a member of The News Journal Community Advisory Board.