Understanding right of way: Who really goes first?

Picture the most confusing scenario on the road and it’s probably going to be something like this: four cars approach the same four-way intersection from all sides.

The stoplights are busted and just blinking away without a care in the world. What do you do?

Of course, the one with the right of way should go first. But what on Earth does that mean?

This may not be well-known in the wild asphalt jungle that comprises Philippine roads, but right of way is the driving rule that decides who goes first in an uncontrolled intersection.

In this case, you must first check if your blinking traffic light is yellow or red. If it's red, then that means you have to come to a complete stop and let the other cars cross until the coast is clear.

If it's yellow, then you only have to stop if there is an approaching car crossing the intersection.

What if there are no traffic lights?

Let's make things even more tricky: you all approach the intersection at the same time, but there are only yield signs.

Normally, whoever arrives at the intersection first gets the right-of-way. It's the same principle they have been using in Subic for decades.

Plain logic, right? 

There are no signs, either!

This is when "right" of way becomes literal.

Under Section 42(a) of Republic Act 4136 or the "Land Transportation and Traffic Code," the driver on the left "shall yield the right of way to the vehicle on the right."

In other words, if there is a car on your right, you must stop and let the driver of that vehicle cross the intersection first.

However, the law makes clear that a driver loses his or her right of way if they are speeding.

What if it's a T-intersection?

Then, the next logical step would be is to check who’s going straight through and who’s turning, right?

As a matter of course, turning traffic must yield to straight-through traffic at an intersection. 

But R.A. 4136 is also makes clear: "The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle."

In other words, if somebody's already turning inside the intersection, give way.

However, the law requires that the driver turning must clearly indicate (read: turn signals are on) that he or she will make the turn.

What if you're both going straight?

The third logical decision would be to see who’s on the main road.

Under R.A. 4136, drivers coming from private roads or drives must give way to the vehicles on the highway. In addition, drivers must come to a full stop when approaching a "through highway."

As such, drivers on roads intersecting main thoroughfares should yield and proceed afterwards, right?

Yes, that would be right.

See and be seen

But let’s say you're at the intersection of EDSA and Ortigas Avenue in Pasig City -- both are main thoroughfares and both are pretty busy.

If you find yourself in such an extreme predicament, check for any traffic enforcer who is directing traffic flow.

And if there is none, just follow what pilots do when flying under visual flight rules (meaning there is no air-traffic controller to manage them): See and be seen.

Make your intentions clear, leave adequate spacing and proceed with caution as you should always do at an intersection.

If this is your first time hearing the term courteous driving, it just means giving way to other drivers.

Times when others have right of way

R.A. 4136 also contains other instances when drivers should yield to others. These include:

• Pedestrians at crosswalks, unless there is a traffic light. Jaywalkers do not have right of way.
• Uncontrolled railroad crossings, where drivers must come to a full stop. But if there is no train nearby, drivers may simply cross at 8 km/h.
• Emergency vehicles on official business and are using sirens.

The key takeaway

Normally, you should yield to the car on your right and the car on your left should yield to you.

But what if they don’t want to yield? Then the answer is simple: You yield.

Sure, you spend a couple of extra seconds at an intersection because the guy on your left refused to yield and went ahead of you. But at least you both didn’t get into a crash, right?

And that’s the goal: to get home safe and sound. If that means yielding your right of way instead of enforcing it, then maybe that’s not a bad tradeoff.

AutoFun Philippines Senior Writer VJ Bacungan contributed to this story.