Quote:
Originally Posted by Bill14564
I believe traffic code deals with four-way stops where two roadways intersect. In the case of the the MMP crossings, one of those intersecting is not a roadway.
The MMPs are also not crosswalks, or at least the guidance we have been given (drivers should not stop and signal pedestrians to proceed) do not treat them as crosswalks.
Except for railroad crossings and movable bridges, gates are rarely installed on public roadways.
I wouldn't be surprised if traffic code did not cover this situation at all.
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I think we both have speculated and opinionated enough, so here are THE FACTS, from the Florida Statutes:
First: definition of a "highway:
(53) STREET OR HIGHWAY.—
(a) The entire width between the boundary lines of every way or place of
whatever nature when any part thereof is
open to the use of the public for purposes of vehicular traffic;
(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place;
So, by legal definition by the State of Florida, a MMP IS a "highway" since it is public and carries "vehicular traffic"(carts, cycles, even scooters)
Next, the definition of an intersection:
17) INTERSECTION.—
(a) The area embraced within the prolongation or connection of the lateral curblines; or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
So, again by definition by the State of Florida, the meeting of an MMP and the "car" road, even at a gate crossing is an intersection.
So finally, :
(b) At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
So in conclusion, again, according to THE LAW, an MMP is a "highway", where it crosses at a gate is an "intersection" and the first to arrive, EVEN IF A GOLF CART OR BICYCLE, has the right of way. PERIOD.