Driving in the Yellow Line

Because this a very controversial subject, I took the liberty in finding out what the people that knows, had to say about this.  The comments were posted on the Forum of the website www.caravanparks.com.  I also visited the technical page of the website www.trekkersclub.co.za.  The latest feedback was from the website of the Department of Transport.

This is what they had to say...

22. Mr. J. Chiolé to ask the Minister of Transport :

Whether motorist crossing barrier lines are still prosecuted in terms of any provisions of the Road Traffic Act, 1989 (Act No 29 of 1989; if not, why not; if so, in terms of which provisions?

REPLY:

For the sake of mutual understanding, it may be helpful to clarify the difference between a barrier line and a yellow line.

Historically, a barrier line was an uninterrupted/continuous white line approximately 10 cm in width on a tarred road, indicating the middle of the roadway, which should not be crossed by a vehicle. (That is to say, it was a "prohibitive" line, as opposed to a merely "restrictive" line). Its contemporary successor, the continuous "no-overtaking" line to the driver's right and to the left of the broken line which now marks the centre of a single-carriage road exceeding a certain width, has taken over the function of the old single barrier line. It is commonly known as the "three-line system." (On old narrow carriage-ways the single-line system may still be in use).

Yellow lines are of two types. One type demarcates a central reserve, painted island or median between two sets of opposing lanes on a 4-lane dual carriageway, where the lanes are not physically separated by a wall or grass reserve. Such a line is prohibitive or mandatory for the obvious reason that its purpose is to prevent drivers from performing U-turns in the face of traffic coming in the opposite direction.

On a dual carriageway separated by a median varying from 5 to 20 metres in width, there is a continuous white line on the right-hand side. Crossing this line constitutes an offence in terms of the Road Traffic Act. What this means in practice is that drivers parking in the median or making a U-turn on a dual carriageway will the be prosecuted in terms of the Act.

The other type of yellow line is found to the driver's left on a dual carriageway or freeway, and demarcates the "hard shoulder" section of the road from the driving lanes. It was initially introduced as a prohibitive marking for moving vehicles, in that its intention was to reserve the area of road to its left exclusively as an emergency lane to accommodate vehicle breakdowns and for use by emergency rescue vehicles.

However, more recently it has been treated as restrictive in the sense that moving vehicles  may  enter into it  under certain  defined conditions. According to Section 91, subsection 3 of the Road Traffic Act, 1989 (Act No. 29 of 1989), "the driver of a vehicle may, upon becoming aware of the traffic proceeding in the same direction and wishing to pass his or her vehicle, cause his or her vehicle to travel as near to the left edge of the roadway as is possible, without endangering himself or herself or other property on the roadway."

The legislation allows a driver to travel to the left of the yellow line on roads that are designated for one lane traffic in each direction at any time of day when headlights need not to be switched on, and only when drivers have clear visibility of the road ahead for at least 150 metres. This practice is not allowed at night. Driving to the left of a yellow line on a freeway is, however, prohibited at all times.

Drivers of slower vehicles should only move onto the edge of the road when they are sure it is safe to do so and they must return to the original lane after been overtaken. Drivers must be aware that this section of the road is often used by pedestrians, cyclists and as parking for vehicles in emergency situations. It is therefore essential for motorists to be able to see the road ahead clearly before they move over. Should a driver become involved in a collision with a stationary vehicle, a pedestrian or a cyclist in the yellow line area, the driver will be held legally responsible for causing the collision.

Conversely, it is not compulsory for a motorist to move over to the left of the yellow line while being overtaken by another vehicle, and no motorists may be forced in any way by other drivers.

While therefore encouraging courteous driving, the legislation also clearly places a responsibility of due care and attention onto the driver using the emergency lane. Prosecution for use of the lane at night, or in a careless or reckless manner - e.g. using the emergency lane itself as an overtaking channel or entering into it immediately before a blind rise - is clearly not ruled out; and prosecutions for offences of this nature do regularly take place.

On the other hand, prosecutions for the offence of either white or yellow crossing barrier lines are enforced without exception when detected. In this context, strict application is given to subsection 3 of the Road Traffic Act (Act No.29 of 1989), stating that "no person shall, unless otherwise directed by a traffic officer, fail to comply with any direction conveyed by a road traffic sign displayed in the prescribed manner."

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Topic:                Moving over into the Yellow Lane

Posted by:         Mark Lowe

Date/Time:        2002/11/22 10:54:51 AM

Driving in the Yellow Lane has always been a contentious issue for me and I have a rather radical viewpoint in this regard.

Legally, you are allowed (at your discretion) to temporarily move over to let faster moving traffic pass, only if it is "safe" to do so and you have a clear unobstructed view and passage ahead of you.

From a personal point of view I refuse point blank to move over into the yellow lane for any other reason than a genuine emergency, for which I believe the road shoulder was principally intended.

I base my view on the following observations;
a) The yellow lane is always cluttered with road debris, such as broken glass, bits of tyres, nails and other objects which can and do cause damage to vehicles.
b) Towing a caravan requires more concentration even under normal driving conditions, and this is just aggravated by constantly having to move over into the yellow lane where the margin for error is even further reduced.
c) It has been my experience that certain fellow motorists expect (demand) as a matter of fact that you must move over, and should you fail to do so you are sworn and gesticulated at, flashed at at even purposely cut in front of so that you have to brake sharply to avoid a collision.

I finally decided to make my intentions clear to all traffic coming up behind me by having a number plate-sized sign made in yellow and black which reads "SORRY, I DON'T DRIVE IN THE YELLOW LANE".
This sign is now permanently attached to the right rear wall of my van so that fellow motorists will be under no illusion as to my right to use the road as they do.
I travel at a steady speed of 100kmh which I believe is not a hindrance to faster traffic and in the three years since I took this step, all but one (involving an illiterate, obviously!!) of my trips have been relaxed and hassle free.

Regards
Mark

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Topic:                Moving over into the Yellow Lane

Posted by:         Jan Heyneke

Date/Time:        2002/12/17 06:44:10 PM

This is a controversial item. However, the legal interpretation as per the authorities is that 'you may not drive to the left of the yellow line, on the shoulder of the road or in the emergency lane at any point in time, other than in the case of an emergency.' Having said that the authorities have indicated that it would be most unlikely that a caravaner would be prosecuted for driving in the emergency lane in order to allow faster traffic to overtake. This 'un official concession' would only be applicable to single lane type of roads, and not on a highway or multiple lane roads. If it so happens that the traffic flow slows down to such an extent that a caravan traveling in the yellow lane travels faster than the main flow of traffic, it could be construed to be overtaking other traffic in the emergency lane! In the event of an accident etc which causes traffic to halt, could well mean that you will also be at a stand still within the yellow lane. If emergency vehicles are as a result obstructed, say no more! In all cases fines for offences committed around the yellow lane zone carries stiff penalties, and R500 in some provinces or municipal area's could be considered cheap. I totally agree with Mark as far as his frustrations are concerned, and to add one more to his list is that when the yellow lane narrows or there is an obstruction preventing you from continuing, just try and get back into the flow of traffic! The abuse suffered and frustration endured out ways the frustration of the faster travelers by far.

Having said that, all members of the Caravan Club of Southern Africa are bound by a code of conduct, and I quote rule three which has relevance 'To cause as little inconvenience to other traffic as possible by keeping well to the left or giving way to faster traffic and to travel at a reasonable speed considering the condition and width of road etc.' Club members are thus encouraged to give way (yellow lane travel) but without endangering themselves or exposing themselves to prosecution. All Club members will adhere to this rule, but many will not travel in the yellow lane, mainly due to reasons such as quoted by Mark. Does this resolve the matter? I doubt it very much as we all have our own opinion on the matter. The legal aspect remains no matter what our opinion may be.
If I may I would like to wish all caravaners a safe tow and a lovely festive season.

Jan Heyneke
President, Caravan Club of Southern Africa.

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Topic:                Moving over into the Yellow Lane

Posted by:         Basil Louw President Trekkers

Date/Time:        2003/03/17 09:09:12 PM

Traveling in the yellow lane is your choice to ease traffic flow but only on a single carriageway. If it is unsafe - DON'T USE IT!
You are not obliged to use the yellow lane on a double carriageway. See the detailed write-up on the Trekkers Club Website at www.trekkersclub.co.za on the Technical Advice page.
It is unsafe to travel in the yellow lane when approaching a blind rise or sharp left-hand bend, when you cannot see far enough ahead if there are obstructions, pedestrians or broken down vehicles in the yellow lane. If you take avoiding action with car and caravan, you are more likely to cause an accident. Speed freaks do not have the right of way when they exceed the speed limit and expect you to give way when they roar up unseen behind your caravan and leap out to pass you at the last moment. You are also traveling the same road at the cost of two hefty licence fees compared to their one.
Always take it easy and enjoy your travels.

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I took the advise and visited the Technical Advice page of the website of Trekkers Club, and this is what it said...

The Emergency Passing Lane

I was very pleased to see comments in the editorial of a C & OD Life magazine, regarding caravaners concerns about traveling inside the Yellow Line. Since the passing of legislation which allows the use of the 'emergency passing strip', many road users have extended this to warrant it's use for all sorts of hair brained maneuvers.        

While traveling with car and caravan in a stream of vehicles in the left hand lane, well within the legal speed limit on a two lane national road, I was passed on the left by a car with no flashing lights or siren (at such a speed that I thought my car had stalled).

Unexpected hazards such as bricks, bottles, bits of truck tyre, debris, potholes, pedestrians, animals and stationary vehicles may be encountered anywhere along roads nowadays, as a result of lax policing and maintenance. Truck drivers at least have the advantage of their elevated position but when towing a caravan the use of the road beyond the yellow line demands far greater vigilance and creates immense levels of stress. Added to this is the habit of most following vehicles to 'tail gate' a caravan and rarely show their intentions or their presence, until they try to pass when it is often unsafe to do so. Many drivers also tend to disregard your safety or their own and could not care less what happens to you after they have careered past at what they regard as their speed limit and right of way. (Foot flat on the floor board.)

Especially when towing a caravan these are the rules that I have learned to live by, no matter how the road-hogs try to force one to 'get out of their way' and be dictated to by their selfishness.

1.      Never exceed the speed limit and travel slower when road conditions are bad.

2.      Because of your inability to see what is there, always assume that there is a vehicle behind your caravan.

3.      Always indicate your intentions. That means long before actually carrying them out. This is especially important when two lanes merge into one.

4.      Whenever visibility is restricted, such as approaching a blind rise or sharp bend, DO NOT travel beyond the yellow line. You have no idea what may lay ahead out of your sight.

5.      Avoid traveling at night. If you must, NEVER travel beyond the yellow line. Whether it is day or night, in rain or foggy weather this is a passport to disaster.

6.      When visibility of the road ahead is good and clear of obstructions - and oncoming traffic is not overtaking or posing a hazard, indicate by showing your LEFT indicator to convey that it is safe for following traffic to pass and you intend to let them do so. NEVER use the right turning indicator to signal someone to pass.

7.      If you have to stop your car & caravan while travelling (for any reason), pull off the road as far as possible and switch on your hazard warning lights. Make sure they are working. If the stop is for an extended period place your warning triangles correctly as well. IF IT IS RAINING, FOGGY or DARK, THIS IS NOT ENOUGH!!!! Pull off into a lay-by or as far off the road as possible. (Someone may still try to use the emergency passing strip and be unable to see your car, caravan and warning lights.)

8.      If anyone does try to force you off the road by cutting you off, do not swerve violently but try to note the registration of the offending vehicle while taking careful avoiding action. Preferably slow down to let them by. (The noted registration may become evidence in a case of 'road rage' and can also be reported to a traffic officer to curb dangerous driving. This should become part of a national register compiled by traffic authorities and a system of 'merits and de-merits' instituted.)

Despite what inconsiderate bullying road-hogs may believe, you are not obliged to cross the yellow line. Thankfully, there are many drivers in the same category as yourself, who are concerned for everyone's safety. When they are safely past, they will either wave or flash their hazard lights in appreciation and recognition of safe and courteous driving. Finally, thank God that there are many more of us than them and any one of these rules applied may save a life, even if it is the life of one of those who think they have a license to dictate how we should behave.

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