Imagine that you’re stopped at a red light and it just won’t change. The intersection is empty, and the light stays red for several minutes. You may think to yourself, “Can I legally proceed through the light?” The answer is yes, but only if the situation falls in line with North Carolina law, and it’s essential to know how to handle these situations safely and legally.
What North Carolina Law Says About Malfunctioning Traffic Lights
In North Carolina, a malfunctioning traffic light is treated as a four-way stop under N.C.G.S. § 20-158(b)(2). This means that drivers must approach the intersection with caution, stop completely, and yield the right-of-way to other vehicles or pedestrians before proceeding.
If you’ve stopped at a red light that doesn’t seem to be functioning properly, you are legally allowed to proceed as if it were a stop sign. However, it’s critical to exercise extreme caution to avoid accidents, as cross traffic may still have a green light.
Signs of a Malfunctioning Red Light
In rural or less populated areas like parts of Cleveland County, malfunctioning traffic lights are more common. Sensors embedded in the pavement may fail to detect lighter vehicles like motorcycles, bicycles, or even some cars. Here are some things you can look out for if you suspect a light to be malfunctioning:
- The light remains red for an unusually long time (e.g., 3+ minutes).
- Traffic sensors fail to detect your vehicle, causing the light to skip a cycle.
- The light does not respond even when no cross-traffic is present.
What to Do If the Red Light Won’t Change
If you find yourself stuck at a malfunctioning red light, here’s how to handle the situation:
Stop Completely
Treat the light as a stop sign. Come to a full stop and ensure there is no oncoming traffic.
Wait a Reasonable Amount of Time
A general rule is to wait at least 3–5 minutes. This demonstrates patience and caution, especially if questioned later by law enforcement.
Proceed with Caution
If the light still does not change, you may proceed through the intersection carefully, as you would at a four-way stop. Look in all directions to ensure the intersection is clear.
Be Aware of Law Enforcement
If an officer sees you proceed through a red light, they may pull you over. Calmly explain the situation and state that the light was malfunctioning, referencing N.C.G.S. § 20-158(b)(2).
Document the Incident
- If it’s safe, record the malfunctioning light using your phone.
- Take note of the time, location, and any surrounding circumstances.
- If the light is a recurring issue, report it to the North Carolina Department of Transportation (NCDOT).
What Can Happen at a Stale Red Light
If you’ve waited for over three minutes, and there’s no traffic. A trooper may pull you over if you proceed, but clear communication and calmness can help. In one case, a malfunctioning sensor was only addressed after law enforcement verified the issue, despite multiple complaints from local residents.
This teaches an important lesson: If you proceed safely and can prove the light was malfunctioning, you’re acting within the law. Officers are often understanding if the situation is handled calmly and lawfully.
U-Turns and Right on Red: A Legal Alternative
In North Carolina, U-turns and turning right on red are legal, unless otherwise posted. If you’re uncomfortable proceeding through the red light, consider making a legal right turn, followed by a U-turn where permitted. This can help you avoid unnecessary confrontation or confusion.
Why Knowing the Law Matters
Understanding your rights at malfunctioning traffic lights ensures you can:
- Act safely and legally.
- Avoid unnecessary traffic violations.
- Protect yourself in case of disputes with law enforcement.
In areas like Shelby and across Cleveland County, malfunctioning lights are an inconvenience many drivers encounter. By following North Carolina laws and handling the situation responsibly, you can navigate these scenarios with confidence.
What to Do If You’re Issued a Ticket
If you’re ticketed for proceeding through a red light that you believe was malfunctioning, contact The Law Offices of Delton W. Barnes immediately. We can help you:
- Prove the light was malfunctioning.
- Demonstrate you acted within the law.
- Protect your driving record and prevent fines or penalties.
Protect Your Rights on the Road
At The Law Offices of Delton W. Barnes, we’re here to defend drivers who find themselves in complicated legal situations. If you’ve been unfairly cited for proceeding through a red light, let our experience and dedication to local clients work for you.
Contact Delton Barnes Law Today
If you or a loved one is facing criminal charges, don’t wait to seek legal representation. Contact The Law Offices of Delton W. Barnes today for a consultation. Let us help you navigate the complexities of the criminal justice system with confidence. Remember, securing expert legal representation early on can significantly affect the outcome of your case.
Your Trusted Legal Partner
The Law Offices of Delton W. Barnes proudly serves the Cleveland, Gaston, and Lincoln Counties in North Carolina. Our team will empower you with expert legal counsel and unwavering support. Whether it’s a business dispute, personal injury, landlord-tenant disputes, or another conflict, our dedicated team is here to guide you through every step.
Call, 704-406-9416 and contact us today to schedule a consultation with one of our experienced attorneys.
