Legal Question in Construction Law in California

On Hwy 4, heading east from the Bypass in Contra Costa County to Stockton, CA, there is a windy section of one lane/direction divided by double yellow lines, with double reflectors and a rumble strip inside the lines. At one part of this section, there is a raised area which has been covered with newer blacktop. This blacktop has no lines painted on it, but only a single row of widely-spaced reflectors. Is it legal to pass cars here? There are no signs stating that one should not pass and I have often witnessed cars waiting until this section to pass slower cars.

The other day, this area was a construction zone with only one lane open to traffic, so cars had to take turns using the single lane. About 4 cars were lined up behind a flagger, waiting for their turn to go. I was on my motorcycle, and was slowing to a stop. I was able to see a police car parked up ahead, past the stopped cars and past the flagger. I waited until the double yellow lines ended and passed the four cars on their left sides, riding in line with the reflectors. After I reached the front of the line, and was waiting along with the others, the officer exited his car, walked towards me, and started asking me if I knew the difference between a double yellow line and single yellow line. I said yes. When he said I had crossed a double yellow line, I said that I had not-- that I had passed during the dotted reflectors. He said he wasn't going to argue and that I had a bad attitude. He issued me a citation for crossing over the double yellow lines.

What is the law regarding this? How is a driver supposed to know that those permanent reflectors are supposed to be a double yellow line when they look completely different from the double yellow? That "newer" pavement has been there a long time and has never had any signage for no passing and has not been painted with any lines.


Asked on 11/19/13, 6:43 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your question seems to be asked in the wrong subject category. "Construction law" questions usually deal with issues between owners and contractors regarding construction contracts and warranties and stuff like that. The attorneys who receive and answer these questions usually aren't specialists in the area of traffic and motor vehicle matters. Maybe in you cut-and-paste your rather lengthy question and re-submit it under a traffic or vehicle topic heading you'll get answers from lawyers who know this stuff.

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Answered on 11/23/13, 12:08 pm


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