Right Turn On Red Is Optional, Not Mandatory

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by Long Island Attorney Paul A. Lauto, Esq./www.liattorney.com

The Vehicle and Traffic Law (VTL) in New York, provides for a motor vehicle operator’s ability to make a right turn at a red light.  This law was initially enacted primarily as a gas savings measure.  Today, making a right on red has become commonplace on Long Island and across the country.  In fact many drivers become impatient and even blow their horn, if the car ahead of them does not quickly pursue making a right turn on red.  This has become a problem that has been made more complicated, by the increasing presence of red light cameras at intersections across Long Island.  As a result of the subjective nature of red light cameras, many people understandably no longer want to make a right on red for fear of receiving a ticket in the mail.

In New York, the law indicates that such drivers are within their rights.  Section 1111 of the New York State Vehicle and Traffic Law (NYSVTL) sets forth in part that, “Traffic facing a steady circular red signal may (emphasis added) cautiously enter the intersection to make a right turn after stopping as required by paragraph one of this subdivision… .”  The key word in the statute is “may”, which indicates that making a right on red is in fact optional and not mandatory.  If it was mandatory, the word “may” would have been substituted with the word “shall” in the statute.

In that making a right on red in New York is optional, drivers should be more patient and respectful of the preceding driver’s lawful decision not to make the turn.  We already have far too much road rage in existence, without adding to the list of reasons why drivers become enraged.  Remember that the person driving the car in front of you, doesn’t want a ticket any more than you do.  As the holiday season approaches, patience while driving will be more virtuous and necessary than ever before.

Long Island Lawyer
Paul A. Lauto, Esq.

www.liattorney.com

Paul A. Lauto, Esq.
Paul A. Lauto, Esq. completed his undergraduate studies at SUNY at Stony Brook in 1987, with a major in political science and a double minor in socio-legal studies and moral-legal issues in philosophy. Mr. Lauto received his Juris Doctor from New York Law School in 1990 and was admitted in 1991 to practice in the courts of New York State, as well as the Eastern and Southern Districts of the United States District Court.

Mr. Lauto has primarily focused on personal injury throughout his career and previously worked as in-house counsel to a major insurance company. In 2002 Mr. Lauto established Paul A. Lauto, PLLC, with a primary concentration on personal injury, all types of accident cases, Wills, Trusts and Estates and more. Paul is the sole author of his Scales of Justice blog, which provides updates and information about current legal stories in the news and how they may affect our lives. Mr. Lauto prides himself on providing clients maximum results, with a high level of personal attorney service and attention that is uncommon in the profession. For more information please visit http://www.liattorney.com