CA VC 21801(a) Left Turn on Green Arrow

[telepresent]

Left Turn CA VC 21801(a)
California

21801 (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.

I was the first car stopped at a red stop signal in the left dedicated turning lane. The light was a shared signal face for protected/permissive left turns (just a technical way of saying there a dedicated green left turn arrow along with a circular green). Immediately following the red light the green left arrow appeared along with the green circular. I made a left turn onto a three lane one way street. There was a van turning onto the same street from the opposite direction so I honked to warn that I was entering the intersection and had the right of way. A couple blocks down the street I was pulled over by a motorcycle cop. The cop stated that I should have yielded at the intersection and wrote me a 21801(a) citation.

Questions:
1. Does VC 21801(a) apply to a left turn on green arrow?

2. Did I not have the right of way in this scenario?
The van was clearly running a red light and was not in the intersection when the green arrow appeared.

3. What is my best line of defense in this case?
Right now I'm relying on my testimony and documentation of the traffic lights at the intersection.
I do not know the observation point of the officer, but this would be helpful in establishing reasonable doubt. I have sent a discovery request for the officers notes but do not expect to receive anything prior to trial.

Any advice is appreciated. Thank you!

 

[HighwayMan]

1. Does VC 21801(a) apply to a left turn on green arrow?

If you quoted the entire statute then apparently it does since it makes no mention of any special cases where it does not apply.

2. Did I not have the right of way in this scenario?
The van was clearly running a red light and was not in the intersection when the green arrow appeared.

How do you know what signal the driver of the van had displayed to him?

 

[telepresent]

Interesting to also note VC 21451 (b)
A driver facing a green arrow signal, shown alone or in
combination with another indication, shall enter the intersection
only to make the movement indicated by that green arrow or any other
movement that is permitted by other indications shown at the same
time. A driver facing a left green arrow may also make a U-turn
unless prohibited by a sign. A driver shall yield the right-of-way to
other traffic and to pedestrians lawfully within the intersection or
an adjacent crosswalk.

The last line is where it gets subjective "A driver shall yield the right-of-way to
other traffic and to pedestrians lawfully within the intersection or
an adjacent crosswalk". You would have to prove that the van was unlawfully entering the intersection - which is tough without eye witness.

I do not know the signal displayed to the other driver and therefore should not have said he was clearly running a red light. I only know that I had a green turn arrow. However, having observed the intersection from both directions as a pedestrian for some time I am confident in the behavior of the signals. The opposing light does turn red before the arrow is green on the opposite side and they do not have a green arrow to turn right. Therefore I am assuming that they had a red light at the time - but no proof of this.

 

[CdwJava]

You made a left turn onto a three lane roadway - into WHICH lane were you turning? Into which lane was the driver turning right turning?

Did the driver turning right have a green arrow to the right?

 

[telepresent]

I was turning into the right most lane. The other driver was turning into the same lane. There is no right turn arrow signal in the opposite direction - only circular.

 

[CdwJava]

I was turning into the right most lane. The other driver was turning into the same lane. There is no right turn arrow signal in the opposite direction - only circular.

So, the driver turning RIGHT had a circular green light at the same time as you had a green left turn arrow and a circular green light??? That's bad, because if so, it's a recipe for disaster but also not illegal for him to turn and if so, the right turn as the right of way.

 

[not2cleverRed]

So, the driver turning RIGHT had a circular green light at the same time as you had a green left turn arrow and a circular green light??? That's bad, because if so, it's a recipe for disaster but also not illegal for him to turn and if so, the right turn as the right of way.

No. What OP is saying is that there isn't a right turn arrow. The (circular) light is red when the green arrow is on, so that it is a protected left turn. The other car was taking a right on red, which *is* legal in CA, however, in taking a right on red, one must (a) stop, (b) signal, and (c) yield to any other traffic having the right of way and, of course, pedestrians.

Right on red was enacted with the idea that if you are sitting at a light, and it's not going to inconvenience anyone with the actual right of way, you can go. However, a fair number of drivers have just interpreted it to mean that traffic going right never have a green. Which is why there are now "No Turn of Red" signs, especially in school zones. (Gr... you cannot legislate common sense. We have dyslexic people here now taking lefts on red where there are extra large "No Turn on Red" signs...)

OP needs to verify whether a protected left turn signal has priority over right on red. I'm pretty sure it does.

 

[not2cleverRed]

Or, in other words:

"In any state, if, when you made your turn on a red light, cars had to screech to a stop or pedestrians had to fly out of your way, you are pretty much out of luck."

From: http://www.nolo.com/legal-encyclopedia/question-why-cant-i-turn-right-28155.html

Green arrow dude has priority, right of way, over turn on red.

 

[Zigner]

Green arrow dude has priority, right of way, over turn on red.

But...that's not the question. In THIS case, the OP made a left on a YELLOW arrow which requires him to yield.

This is a sticky one for the OP. It appears that BOTH vehicles were required to yield. It's going to hinge on who was actually in the intersection first.

 

[not2cleverRed]

But...that's not the question. In THIS case, the OP made a left on a YELLOW arrow which requires him to yield.

This is a sticky one for the OP. It appears that BOTH vehicles were required to yield. It's going to hinge on who was actually in the intersection first.

Um, no, that's not what OP said.

OP said it was a GREEN arrow. OP was first in line in the left turn lane at the red light and turned left when the arrow turned GREEN.

"Yellow" was mentioned nowhere in any of OP's posts.

 

[Zigner]

Um, no, that's not what OP said.

OP said it was a GREEN arrow. OP was first in line in the left turn lane at the red light and turned left when the arrow turned GREEN.

"Yellow" was mentioned nowhere in any of OP's posts.

Yes, you are right. I don't know why I thought the OP mentioned he entered on the yellow.


For the OP - if the Van entered the intersection prior to your green arrow appearing, then it seems that you should have yielded. If the van entered the intersection after your green appeared, but prior to you entering the intersection, that's when it becomes a bit murkier.

 

[ShyCat]

I was turning into the right most lane. The other driver was turning into the same lane. There is no right turn arrow signal in the opposite direction - only circular.

Right turns are to be made into the rightmost lane. Left turns are to be made into the leftmost lane. In other words, you're supposed to turn into the lane closest to you, not crossing other lanes while turning. You're supposed to lane change (when safe to do so) to the desired lane after completing your turn into the proper lane. Basic driver's ed.

 

[Zigner]

Right turns are to be made into the rightmost lane. Left turns are to be made into the leftmost lane. In other words, you're supposed to turn into the lane closest to you, not crossing other lanes while turning. You're supposed to lane change (when safe to do so) to the desired lane after completing your turn into the proper lane. Basic driver's ed.

In CA, one can make a left turn in to any legally available lane (with certain exceptions.) Yep, that's basic driver's ed too

From the California Vehicle Code:


22100. Except as provided in Section 22100.5 or 22101, the driver
of any vehicle intending to turn upon a highway shall do so as
follows:
...
(b) Left Turns. The approach for a left turn shall be made as
close as practicable to the left-hand edge of the extreme left-hand
lane or portion of the roadway lawfully available to traffic moving
in the direction of travel of the vehicle and, when turning at an
intersection, the left turn shall not be made before entering the
intersection. After entering the intersection, the left turn shall be
made so as to leave the intersection in a lane lawfully available to
traffic moving in that direction upon the roadway being entered,
except that upon a highway having three marked lanes for traffic
moving in one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn left into any lane lawfully available to
traffic moving in that direction upon the roadway being entered.

 

[telepresent]

Yes and California Driver Handbook says "Left turn from a two-way street into a one-way street. Start the turn from the lane closest to the middle of the street. Turn into any lane that is safely open"
https://www.dmv.ca.gov/portal/dmv/detail/pubs/hdbk/turns

 

[telepresent]

No. What OP is saying is that there isn't a right turn arrow. The (circular) light is red when the green arrow is on, so that it is a protected left turn. The other car was taking a right on red, which *is* legal in CA, however, in taking a right on red, one must (a) stop, (b) signal, and (c) yield to any other traffic having the right of way and, of course, pedestrians.

Right on red was enacted with the idea that if you are sitting at a light, and it's not going to inconvenience anyone with the actual right of way, you can go. However, a fair number of drivers have just interpreted it to mean that traffic going right never have a green. Which is why there are now "No Turn of Red" signs, especially in school zones. (Gr... you cannot legislate common sense. We have dyslexic people here now taking lefts on red where there are extra large "No Turn on Red" signs...)

OP needs to verify whether a protected left turn signal has priority over right on red. I'm pretty sure it does.

In reference to right turn on red:

21453. (a) A driver facing a steady circular red signal alone shall
stop at a marked limit line, but if none, before entering the
crosswalk on the near side of the intersection or, if none, then
before entering the intersection, and shall remain stopped until an
indication to proceed is shown, except as provided in subdivision
(b).
(b) Except when a sign is in place prohibiting a turn, a driver,
after stopping as required by subdivision (a), facing a steady
circular red signal, may turn right, or turn left from a one-way
street onto a one-way street. A driver making that turn shall yield
the right-of-way to pedestrians lawfully within an adjacent crosswalk
and to any vehicle that has approached or is approaching so closely
as to constitute an immediate hazard to the driver, and shall
continue to yield the right-of-way to that vehicle until the driver
can proceed with reasonable safety.