Traffic Laws

Right-of-way rules on the permit test: what every handbook says, and where states differ

April 2, 2025 · Updated October 19, 20269 min readFact-checked against official state and federal sources

Reviewed by Chad HenryAfter 25 years of teaching driver education

Right-of-way is the rule that tells you who must yield. No handbook treats it as a right to go. The core rules below are the same in every official handbook we read (Texas, California, Florida, Ohio, Pennsylvania, New Jersey and South Dakota). The details that change by state are collected at the end.

Right-of-way is given, not taken

The Texas handbook puts it in five words: right-of-way is "something given, not taken." Pennsylvania says the law never gives anyone the right-of-way at an intersection; it only says who must yield, and a driver who is legally in the right still has to stop if the other driver fails to yield. California tells you to never assume another driver will give way, and to give up your own right-of-way when that prevents a crash. South Dakota says the same: nobody should assume they automatically have it.

Pennsylvania adds a reason to care. In over one-third of crashes involving 16-year-old drivers in that state, the teen was pulling out from a stop sign or turning left across traffic. Those are exactly the two situations the questions below are about.

The intersection rules every state tests

Four-way stops

The vehicle that reaches the intersection first goes first. If two arrive at about the same time, the driver on the left yields to the driver on the right. Pennsylvania, Florida, New Jersey, Ohio, South Dakota and California all give this rule. Pennsylvania adds the case of two vehicles facing each other: both may proceed with caution while watching for turns. New Jersey also says to yield to any vehicle already stopped at the intersection.

Uncontrolled intersections

Where there are no signs or signals, the same "yield to the right" rule applies. Texas tells you to yield to any vehicle that has entered or is approaching from your right. New Jersey and Pennsylvania say the vehicle on the left yields to the vehicle on the right. California phrases it as first-come, first-served, with ties going to the vehicle on the right.

Texas and Florida add a second layer: the smaller road yields to the bigger one. In Texas, a driver on an unpaved road yields to traffic on a paved road, and a driver on a single or two-lane road yields to traffic on a divided road or one with three or more lanes. Florida's list for "open intersections" includes yielding when you enter a paved road from an unpaved road or cross a state highway from a secondary road.

T-intersections

Traffic on the through road has the right-of-way. Texas says a driver on the street that ends must stop and yield to vehicles on the through street. California says vehicles, bicyclists and pedestrians on the through road go first when there are no signs.

Left turns

A driver turning left yields to oncoming traffic going straight. Texas, Pennsylvania, Florida, Ohio and South Dakota state it almost identically. New Jersey adds that the left-turning driver must also stop for pedestrians in the crosswalk. South Dakota notes that on a steady green light, oncoming traffic still has the right-of-way over your left turn.

Driveways, alleys and private roads

Anyone entering a road from a driveway, alley or private road yields to everything already on it. Texas requires you to stop before the sidewalk and yield to all approaching vehicles and pedestrians. Florida adds pedestrians and bicyclists on the sidewalk or in bike lanes. Ohio requires a stop at the sidewalk when leaving an alley or driveway in a business or residential district. Pennsylvania says to wait until the main road is clear.

Roundabouts

Every handbook gives the same rule: slow down and yield to traffic already circulating, then enter when there is a safe gap, travel counterclockwise and signal before you exit. Pennsylvania notes that failing to yield before entering is the most frequent cause of roundabout crashes. Texas, Pennsylvania and South Dakota agree on one more point: if an emergency vehicle comes while you are inside the circle, do not stop in it. Leave at your exit, then pull over.

Pedestrians and crosswalks

California says pedestrians have the right-of-way in marked and unmarked crosswalks, and New Jersey notes that a crosswalk exists at every intersection corner unless signs prohibit crossing there. California also says pedestrians using a guide dog or white cane have the right-of-way at all times. Texas lists the situations where you must give way, including when a pedestrian has a WALK signal and when the light changes after the pedestrian has already entered the crosswalk.

Some states have moved from "yield" to "stop." New Jersey requires a complete stop, not just slowing, for a pedestrian in a marked crosswalk or an unmarked one at an intersection, and you must stay stopped until the pedestrian has cleared your lane and the adjacent lane. Florida also says you must stop and remain stopped for pedestrians at any marked crossing or intersection, and you may not pass a vehicle that is stopped at a crosswalk. South Dakota requires a complete stop for a pedestrian guided by a dog or carrying a white cane.

Emergency vehicles and the Move Over idea

Two separate rules are tested here.

A moving emergency vehicle with lights and siren: pull to the right edge of the road and stop. Every handbook says this. The states differ in how closely you may follow afterward: Texas, Pennsylvania and Florida say 500 feet; California and New Jersey say 300 feet.

A stopped emergency vehicle with its lights on: this is the "Move Over" rule. Ohio's digest notes that every U.S. state has one. The usual version, found in Texas, Florida and Pennsylvania, is to move out of the lane next to the stopped vehicle, and if you cannot, to slow to 20 mph below the posted limit. Texas and Florida add a 5 mph rule when the limit is already very low (under 25 mph in Texas, 20 mph or less in Florida). New Jersey only requires a "reasonable and proper speed" below the limit if you cannot change lanes, with a fine of $100 to $500.

School buses on undivided and divided roads

Every state requires all traffic from both directions to stop for a school bus with flashing red lights on an ordinary two-way road. The exception for divided roads, and the required stopping distance, vary a lot.

State	Stopping distance	When oncoming traffic does not stop
Texas	Not stated	Bus on a different road, or a controlled-access highway loading zone where pedestrians cannot cross
California	Not stated	Other side of a divided or multilane highway (two or more lanes each direction)
Florida	Not stated	Raised barrier or unpaved median at least 5 feet wide; painted lines do not count
Ohio	10 feet	Road with four or more lanes: only same-direction traffic stops
Pennsylvania	10 feet	Opposite side of a divided highway (barrier, guide rail or median)
New Jersey	25 feet	Other side of a safety island or raised median, but you must slow to 10 mph
South Dakota	Not stated	Roadway separated by a physical barrier

Penalties are steep. California lists a fine of up to $1,000 and a possible one-year suspension. Pennsylvania lists a 60-day suspension, five points and a fine. Florida's minimum fine is $265, and higher if you pass on the side where children get on and off.

Where states differ: five rules to check for your state

New Jersey traffic circles have no set rules. The handbook says the circle's historically established traffic pattern usually decides who has the right-of-way, along with any signs at the entrances. When in doubt, use the uncontrolled-intersection rule and yield to the right. This is different from a modern roundabout, where entering traffic always yields.
South Dakota requires a full stop for a stopped emergency vehicle showing red lights. Drivers approaching from any direction must come to a complete stop before reaching it, then proceed with caution. For stopped vehicles with amber, yellow or blue lights, the rule is the familiar one: move to the far lane at least 300 feet before the vehicle, or slow to 20 mph below the limit on a two-lane highway.
A dark traffic light is not treated the same everywhere. California, Florida and New Jersey say to treat it as a four-way stop. Ohio and South Dakota say to treat it as a stop sign, and South Dakota adds that a signal stuck on green or yellow may be passed with caution. The Texas and Pennsylvania handbooks we read do not address a dark signal.
Funeral processions. South Dakota says only the first vehicle in a procession must obey signs and signals. Pennsylvania lets the procession run a red light or stop sign once the lead vehicle has entered, and allows a flashing purple light on procession vehicles. California says a procession is led by a traffic officer and has the right-of-way. Florida and Ohio list processions among the things you must yield to. The Texas handbook does not mention funeral processions at all.
Following distance behind an emergency vehicle is 500 feet in Texas, Pennsylvania and Florida but 300 feet in California and New Jersey.

How to study this for your test

Learn the shared rules first: yield to the right, left turns yield, roundabouts yield to circulating traffic, stop for pedestrians and school bus red lights, pull right for sirens. Then read your own state's handbook for the five variable areas above; that is where studying another state's rules can cost you a question. Our state practice tests follow each state's own handbook, and STOP, YIELD and roundabout signs are covered on the road signs page.