Giving Way
In order for vehicles to circulate in an orderly manner, we have a set of general rule and priority rules for giving way and vehicle crossing.
Giving Way and Priority of Passage
Priority of passage:
Drivers whose duty it is to give way must slow down, if necessary stop, or, in the case of an intersection of vehicles, move back in order to allow another vehicle to pass, without changing its speed or direction. Drivers with priority must observe the precautions necessary for traffic safety.
Giving way at Junctions and Crossroads
General rule:
At junctions and crossroads, drivers on the right have priority to pass.
Except when
- There is an order from the traffic authority to the contrary.
- There are signs to the contrary (B1 Give way, B2 Stop and Red lights).
- Drivers of animal-drawn vehicles or animals are on the right (they must give way to other drivers).
Giving Way on Certain Roads or Sections of Road
Following drivers must always give way to other vehicle.
- Exiting a car park, a fuel zone or a private building or driveway
- Leaving a coexistence zone
- Entering a motorway or reserved lane
- Entering a roundabout
Giving way to certain vehicles
These Drivers have priority.
- Military or militarised traffic columns, as well as police escorts.
- Vehicles travelling on rails at crossroads and junctions, even if they are on the left.
- Bicycles crossing the carriageway at crossings marked for them to do so.
Failure to comply with the rules constitutes a serious and very serious administrative offence.
Animal-drawn vehicles and cyclists
Drivers of animal-drawn vehicles or animals (horses, for example) give way to motor vehicles, except when the motor vehicles intend to enter a roundabout, when they leave a car park, a petrol station or any private building or road, and also when they see signs indicating that they are giving way.
Since January 2014, cyclists have not been obliged to give way to motorised vehicles, but they must give way to all vehicles (motorised or not) on their right, including drivers of animal-drawn vehicles.
This situation leads to some confusion and sometimes candidates are incorrectly informed by driving schools that cyclists are treated as motorised vehicles and therefore do not give way to animal-drawn vehicles.
According to the National Road Safety Authority (ANSR)
There has been no equivalence between bicycles and motor vehicles, as bicycles have specific rights that are not granted to any motor vehicle.
Law no. 72/2013, of 3 September, which approved changes to the Highway Code, redefined the cycling regulations, creating some new rights and eliminating some duties, such as the duty to give way to motor vehicles. However, the elimination of this special duty did nothing to change the relationship between cyclists and other non-motorised vehicles, and the general rules on giving way between them apply.
On the other hand, the rule that obliges drivers of animal-drawn vehicles to give way to motor vehicles is an exceptional rule - as it deviates from the general rule - and is therefore not open to being interpreted in an analogue way, so it is not possible to apply the same obligation to non-motorised vehicles, such as bicycles.
In addition, the legislator who expressly removed the bicycle from the list in Article 32(6) did not change the reference to ‘motor vehicles’.
Public passenger transport vehicles
Within localities, drivers must give way to public passenger transport vehicles when they signal their intention to start from the bus stop.
Emergency vehicles (priority vehicles)
Priority vehicles are those that have duly signalled (Audible signals such as siren or Light signal) showing that they are travelling in an emergency. The priority ends as soon as they have not signalled that they are travelling in an emergency.
These vehicles have priority over any other vehicle in all places and situations, including:
- When leaving a petrol station
- When leaving a building
- When leaving a car park
- Exiting a private driveway
- When entering a roundabout
- On narrow roads
There are only two situations where these vehicles lose priority:
- Over the Vehicles leaving a level crossing.
- When entering the motorway or Roads reserve for car and motorbike.
Give way Signs
According to the National Road Safety Authority (ANSR)
Passing order - Exceptions
A question candidates often have is ‘Who passes first at a junction with 4 light vehicles where everyone is going straight ahead and there are no signs?’.
The answer to this question is ‘None’.
The highway code does not provide for a junction where all vehicles have to give way to another vehicle, in this case all vehicles have a vehicle on their right, all are going straight ahead and none are signalled.
In these situations there are no tie-breaking criteria under the highway code, as all vehicles are on an equal footing. However, we mustn't forget that this is an unlikely situation; for these situations to occur, the following would have to happen:
- There is no signalling, neither light signal or vertical signs
- There is no tie-breaker vehicle:
- Vehicle on an urgent rescue mission
- Animal-drawn vehicle
- Vehicle on rails
- There is no vehicle on a tie-breaker lane:
- Level crossing
- Petrol station
- Building
- Car park
- Private driveway
- No vehicle that does not cross another (e.g. when one of them turns right)
- All vehicles are at the crossroads or junctions at the same time
How to proceed
What actually happens is that one of the vehicles (by common sense) will take the initiative and move forward first, breaking the right-hand priority rule. After that vehicle is no longer at the crossroads or junctions, one path will be vacant, the vehicle that has no one on the right can pass or that has another tie-breaking criterion follows again.
Exam
Since there is no complete order for vehicles to pass under the Highway Code, the IMT will not ask a question like this in the exam. However, you can ask whether, for example, vehicle X moves before or after vehicle Y or when vehicle Z moves forward.
Let's imagine an image where 4 cars are shown, all going straight ahead and there are no signs, where the car on the left is Red, the car in front is Blue, the car on the right is Green and our car is Yellow. The IMT may ask when vehicle Yellow (our car )is moving forward, where the answer is ‘Before Red and after Green.’ since we don't have to give way to the car on our left (Red) but we do have to give way to the car on our right (Green).
Crossing Vehicles
When vehicles cross, they must leave enough lateral distance so that the crossing can be made safely. All drivers of vehicles more than 2 metres wide or 8 metres long must slow down and stop if necessary when crossing.
When there are no signs ( B5 and B6 signs) regulating the crossing of vehicles, if there is an obstacle or the lane is narrow by nature, you must give way:
- Whoever has the obstacle
- If both have an obstacle, whoever arrives last
- If it is a steeply sloping road, whoever is going downhill
If you have to reverse, you must reverse:
When vehicles cross paths and need to reverse to allow passage, the following rules apply:
The vehicle closest to a place where it can safely cross or pull aside should reverse.
If both vehicles are equally distant from a place to cross:
- Lighter vehicles give way to heavier vehicles.
- Goods-carrying heavy vehicles give way to passenger-carrying heavy vehicles.
- Single vehicles give way to vehicle combinations (like those with trailers).
- If the vehicles are in the same category, the one traveling uphill has the right of way, unless it is easier for the one traveling downhill to reverse.
This ensures safe and clear passage based on vehicle type, load, and positioning.
Giving way (Art. 29, 30, 31, 32)
ANSR
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