Right Of Way In Delaware
TITLE 21
Motor Vehicles
CHAPTER 41. RULES OF THE ROAD
Subchapter IV. Right-of-Way
§ 4134. Operation of vehicles on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersections and shall relinquish the right-of-way until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
YES! The EMERGENCY VEHICLE RIGHT-OF-WAY LAW is clear – “…and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway… except when otherwise directed by a police officer.”
“The D Team” adjustment: Obviously, this portion of the RIGHT-OF-WAY/EMERGENCY VEHICLE LAW was enacted when TWO-WAY ROADS (one-lane each direction) were the norm. Moving right was the only option because a left movement would create a danger with opposite direction traffic. So if traveling on a TWO-WAY ROAD moving right is the answer. However, if traveling on a ONE-WAY ROAD (multi-lanes of traffic for same direction travel) then your rear-view/side-view mirrors should be consulted before any decision to move is made.
QUESTION: Does an emergency vehicle ALWAYS have the RIGHT-OF-WAY?
YES — BUT! Section (c) below places the responsibility on the operator of an emergency vehicle to operate his/her vehicle in a safe manner — meaning YIELD if necessary. Emergency vehicle operators have been cited for violating traffic signals and causing accidents (see Title 21 below).
TITLE 21
Motor Vehicles
CHAPTER 41. RULES OF THE ROAD
Subchapter IV. Right-of-Way
§ 4134. Operation of vehicles on approach of authorized emergency vehicles.
(c) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
