Who Has the Right of Way When Merging in Construction Traffic? Michigan State Law Explains

This week’s column will cover a topic near and dear to all drivers in Michigan --
“construction zone merging.” I can’t imagine why we received multiple questions about the same topic. Maybe it has something to do with all the orange barrels on the highway?

All the questions inquired about the legal aspects of merging in a construction zone and Michigan has a law covering how to merge.

We were also given examples of how merging in construction zones occur -- merge early or merge late at the end of the merge lane. One is correct and the other is not so correct. I will attempt to explain the correct procedure and reasons for merging in a particular manner.

Let's talk about the legal aspects of merging first. We look to MCL 257.649 which
covers “right-of-way rules.” MCL 257.649 (7) covers merging and states: “When a
vehicle approaches the intersection of a highway from an intersecting highway or street which is intended to be, and is constructed as, a merging highway or street, and is plainly marked at the intersection with appropriate merge signs, the vehicle shall yield right of way to a vehicle so close as to constitute an immediate hazard on the highway about to be entered and shall adjust its speed so as to enable it to merge safely with the through traffic.”

Some drivers believe, erroneously, that drivers in traffic on an expressway or other road are required to allow vehicles to merge onto the traveling lanes of the highway roadway. MCL 257.649, section (7) clearly states the driver of the merging vehicle shall yield right-of-way. This means the driver of a vehicle merging onto the highway will adjust their speed to merge safely or stop their vehicle until they can merge safely.

When the Michigan Department of Transportation (MDOT) work crews set up a work area and a traffic lane will be closed, they force traffic to merge. MDOT will try to have an extended merging lane in the construction area. This allows drivers to merge their vehicles early and safely. It is always better to merge earlier rather than later

For example, when two traffic lanes merge to one lane in a road construction area,
typically there will be orange barrels and signs marking the merge lane. Drivers in the merging lane should be merging as soon as they can safely do so to the through traffic lane.

Some drivers will travel to the end of the merge lane and then attempt to enter the
through traffic lane. Remember, MCL 257.649 (7) clearly states the driver of the merging vehicle shall yield right-of-way. That means the merging vehicle driver could be at the end of the merge lane and still not be able to merge and will have to stop. The drivers in the through lane have no obligation to allow a merging vehicle into their lane of travel.

Merge lanes are created just for the specific task of merging traffic from one lane to
another. Merge lanes are not travel lanes and when a driver is entering a construction area and will be required to merge, it is always better to merge early and to stay in the through traffic lane. Drivers may even find it less stressful.

Since we are talking about construction zones and merging, we might as well cover
the legality of “blocking” the merge lane, by moving halfway into the merge lane,
 to encourage drivers to merge early. This is called “impeding traffic” and MCL
257.676b(1) states, “A person, without authority, shall not block, obstruct, impede, or otherwise interfere with the normal flow of vehicular or pedestrian traffic upon a public street or highway in this state, by means of a barricade, object, or device, or with his or her person.”

A driver should not block the merge lane to force other drivers to merge early, just like a driver in the merge lane cannot force their way into the through driving lane when they reach the end of the merge lane.

I have found good drivers have two important qualities: maturity and
courtesy. And there are more good drivers than not.

If you have a question, or a good safety quote, send it to askatrooper12@gmail.com.