Traffic talk: Is it illegal to speed through work zones instead of merging early when a lane is closed? Can you be cited for blocking?

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on April 04, 2011 at 6:25 AM, updated April 04, 2011 at 11:44 AM

This week's traffic talk is inspired by the start of summer road construction season in Michigan.

Which means it's time to find out whether those annoying drivers who speed through work zones and merge at the last moment are in fact breaking the law.

When I say annoying, I'm not talking about those of us who are occasionally so wrapped up in rocking out to our favorite tune we fail to notice we've zoomed by rows of good doobies patiently waiting to merge.

I'm talking about drivers – you know who you are! – who speed past the line of vehicles and then rudely expect someone to let you in at the front, thereby making people queued up wait even longer.

Reader edertruk addressed this when they wrote:

Hey Kyla !! Since it is road construction time, why don't you do something on road construction. Like, the cars that zoom up and cut people off when a lane is closed. Maybe some idiots don't know that is seriously against the law. And, also see if you can find out why there are not more cops posted in construction sights to prevent this. I probably know the answer to that one, manpower and money. But I think more lives could be saved

That prompted reader PersonB to respond by writing:

If the lane is still there, then it is open. People have the misconception that they must join in on the long line of cars 2 miles before the lane closes. Doing this only makes the traffic backup worse. Drivers are only required to merge when the lane actually ends. People that feel it is their duty to stop people from using the open lane are causing a hindrance to traffic flow and should be penalized, They are not doing anyone a service. Mind you I'm not justifying people flying down the lane like mad men, but the lane is still open, use it.

So who's right?

The quick answer is drivers who wait to merge are not breaking the law, but those that try to block a lane to keep vehicles from “cutting” are.

For a more complete answer I once again turned to traffic law expert Michigan State Police Sgt. Mike Church.

He told me this is one of his pet peeves as a motorist, too.

“Nothing says that a vehicle cannot legally drive to the very end of the lane before merging,” Church said. “It is discourteous, potentially dangerous, and only increases congestion for everyone, but it is legal.”

Here's what the section of the Michigan Vehicle Code that governs this question says: “When a vehicle approaches the intersection of a highway from an intersecting highway or street which is intended to be, and is constructed as, a merging highway or street, and is plainly marked at the intersection with appropriate merge signs, the vehicle shall yield right of way to a vehicle so close as to constitute an immediate hazard on the highway about to be entered and shall adjust its speed so as to enable it to merge safely with the through traffic."

So what can officers do?

Not much, Church sad.

Reckless driving is generally difficult to prove because it requires driving with "willful or wanton disregard for the safety of persons or property.”

There's also careless driving, which is generally easier to prove because it requires driving "in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness...."

But, absent other facts, Church said he does not think that "cutting" meets the criteria for either.

“If a motorist speeds by a long line of cars, slams on his brakes, veers abruptly into the right lane and thereby causes the other vehicles to crash then careless or reckless is appropriate,” he said. “On the other hand, if all the cars are stopped, the motorist drives 5 mph past them, comes to the end of the lane, stops, and merges safely when there is an opening then no law has been broken.”

And as I said above, it is against the law to intentionally block someone from cutting the line. Don't do it, you could be cited for impeding the flow of traffic.

“Even though people who merge at the last moment are rude, dangerous, and self-centered, drivers who take it upon themselves to block the shoulder or the merging lane are probably worse,” Church said. “Acting as some sort of vigilante traffic officer only aggravates the problem.”

“At the same time, I have never heard of an officer writing a citation under those circumstances,” he said. “It would be interesting to see what a magistrate would do if someone contested such a ticket.”

As far as posting more officers in construction zones, manpower is the primary concern, Church said.

“It is rare that any police department has enough staffing to commit an officer to a construction zone unless there is grant money involved,” he said. “That is, an officer assigned to a construction zone is often being paid by a state or federal grant rather than out of his department's general funds.”

To be honest, Church said, it's debatable whether officer presence helps or makes things worse.

Don't believe him?

Church suggests if you have five minutes, you watch this video:

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