Without signage, whose preference is it? See what to do at intersections with traffic lights off

A defect in the traffic light, a power outage, or simply the absence of signage at an intersection raises the question: whose preference is it? Faced with an unlit equipment or a meeting of roads without clear signals, many drivers hesitate, advance simultaneously or believe that those who travel on the busiest road automatically have priority, but this is not the case.

This type of misinterpretation of traffic considerably increases the risk of side collisions, so it is necessary to understand what the general traffic rules provided for in the Brazilian Traffic Code (CTB) are to avoid an accident.

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What does the Brazilian Traffic Code (CTB) say when a traffic light stops working?

When the light signaling stops working or starts operating only in warning mode, the intersection is legally treated as a junction without traffic light control. When approaching, the driver must, first of all, observe the vertical signs, the traffic signs.

The first step should be to check if there are signs indicating preference in the place. The regulation plates remain fully valid even when the traffic light equipment is off.

Rules of preference

If the intersection does not have any sign or painting on the ground regulating the priority, the general rule of the CTB provided for in article 29 comes into force:

When vehicles approach an unmarked place, the following will have the right of way:

• In the case of an intersection between a road and a highway, the vehicle that is circulating on a highway;
• In the case of a roundabout, the one who is circulating through it;
• In other cases, the one coming from the right of the driver;

Does the main road have automatic preference? Understand the myth

One of the most frequent mistakes among drivers is to assume that traveling on a wider avenue, with a greater flow of vehicles or higher speed guarantees automatic preference when the traffic light goes out. In practice, this automatic preference does not exist, except when the road considered busiest is a highway, as mentioned earlier.

The Brazilian Traffic Code does not define the priority of passage based on the volume of traffic or the width of the lane. Unless there is a traffic sign indicating the preference for the main road, the priority is no longer the flow and strictly respects the rule of the right.

Flashing yellow traffic light: what does it mean?

Another very common situation occurs when the traffic light goes into emergency mode, displaying only the flashing yellow light (flashing). In this situation:

• The equipment does not give way to any of the directions of the road.
• The flashing yellow light serves as a warning alert.
• All drivers should reduce speed, redouble their attention and cross only when there is total safety.

Decisions by the Judiciary have already reaffirmed that the flashing yellow traffic light requires mutual caution from all involved, and there may be shared responsibility in the event of an accident.

Step by step: what to do when you find an unlit traffic light

To make the crossing safely and within the law, adopt the following practical route:

1. Reduce speed: Slow down as soon as you notice that the light signal is off or flashing yellow.
2. Search for signs: quickly check for “STOP” or “Give Way” signs on your road or on the cross road.
3. If the intersection does not involve a highway, respect the rule on the right: in the absence of signs, give way to the oncoming vehicle on your right side.
4. Do not rely on the size of the road: do not proceed assuming that the main avenue has automatic priority.
5. Attention to the vulnerable: redouble care with pedestrians, cyclists and motorcyclists, especially at night or in the rain.
6. Advance only with certainty: proceed the crossing only after confirming that the maneuver can be completed in complete safety.

Even when the driver knows that he has the legal preference, he should not cross the intersection without checking the conduct of other drivers. The combination of knowledge of the law and defensive driving is the best strategy to avoid collisions and protect all road users. It is always necessary to remember the maxim that in traffic it is necessary to drive for yourself and for others.

Difference Between Right-of-Way and Traffic Priority

To fully understand traffic at intersections, it is important to differentiate two fundamental concepts of the legislation:

• Passage preference: applies to common vehicles, being regulated by signs or by the rule of approach from the right.
• Traffic priority: is an exclusive right granted to emergency vehicles — such as ambulances, police cars, fire engines and traffic enforcement vehicles.

Emergency vehicles have priority of free movement and passage at intersections, regardless of who would be in common preference. However, this priority is only valid when the vehicles are in effective emergency service and operating with the audible alarm devices (siren) and flashing red lighting activated.